The Fourth Department determined there was insufficient evidence in a SORA proceeding to find defendant had a history of alcohol and drug abuse. The case summary stated that “Probation identified [defendant’s] continued drug and alcohol abuse as problematic, and he refused to attend treatment for th[at] problem.” The Court wrote: There is …no evidence that […]
Defendant was released on parole for a 2001 conviction. While on parole he committed an offense and was jailed. The Fourth Department determined that the time defendant was in jail must first be credited to the 2001 conviction. Only after the 2001 sentence was completely served could any jail time be credited to the subsequent […]
The Fourth Department determined the defendant’s wearing of a “stun belt” during his trial (unbeknownst to the judge and to which no objection was made) did not constitute a mode of proceedings error. The dissent argued to the contrary, characterizing the sheriff’s use of the stun belt without the court’s involvement as a usurpation of […]
The Fourth Department determined a new trial was required where the trial court allowed the prosecution to present evidence (in its direct case) of a pending attempted robbery charge under Molineux to prove identity. The defendant was on trial for allegedly robbing a hotel clerk in Cayuga County and the Molineux evidence involved the attempted […]
In affirming a SORA determination, the Fourth Department noted that the 20 point assessment under risk factor 7 (entitled “Relationship Between Offender and Victim”), based upon the defendant’s pleading guilty to receiving child pornography (a federal statute), was appropriate: With respect to …the 20 points assessed under risk factor 7, we note that the underlying […]
The Fourth Department reversed defendant’s conviction because the trial court refused defendant’s request to present an inmate witness who might have supported defendant’s version of events: CPL 630.10 provides for the attendance of an inmate witness in a criminal action or proceeding upon a demonstration of “reasonable cause to believe that such person possesses information […]
The Fourth Department, over a dissent, reversed defendant’s conviction of manslaughter in the first degree as a hate crime as inconsistent with defendant’s acquittal of manslaughter in the first degree (without the hate crime element). The Fourth Department wrote: “A verdict is inconsistent or repugnant . . . where the defendant is convicted of an […]
The Fourth Department dismissed an Article 78 petition brought by the Onondaga County Bar Association Assigned Counsel Program (ACP) which sought to vacate the respondents-judges’ approval of pay vouchers submitted by respondent-attorney. The Fourth Department wrote: …[T]his proceeding challenges the authority of respondents to approve vouchers that do not comply with the ACP Plan; it […]
The Fourth Department confirmed the Department of Social Service’s determination that transfers of property within the five-year look-back period were properly taken into account in imposing a penalty period before the applicant, who was in a nursing home, was eligible to for Medicaid. The court agreed that a gift made during the look-back period was […]
Plaintiffs, emergency and ambulance service-providers, brought an action in response to defendant’s reduction in Medicare payments made to recoup alleged overpayments in prior years. In finding plaintiffs had raised a question of fact about whether defendant was entitled to recoup the alleged overpayments, the Fourth Department wrote: We agree with plaintiffs that the applicable Medicare […]
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