Serba v. Cook
Second Department affirms dismissal of fraud claims by purchaser who discovered property was not connected to public sewer system post-closing, finding insufficient pleading against all defendants.
Second Department affirms dismissal of fraud claims by purchaser who discovered property was not connected to public sewer system post-closing, finding insufficient pleading against all defendants.
Second Department dismisses appeal for failure to compile a complete record, holding omission of relevant exhibits renders meaningful appellate review impossible.
Second Department affirms sentence as not excessive upon guilty plea, deferring to trial court’s exercise of sentencing discretion.
Second Department affirms sentence, holding valid appeal waiver executed as part of guilty plea precludes appellate review of postrelease supervision period.
Second Department denies coram nobis application alleging ineffective assistance of appellate counsel, holding appellant failed to meet the high standard for challenging counsel’s strategic choices.
Second Department affirms level two SORA designation, upholding risk factor assessments for forcible compulsion, sexual contact, continuing course of conduct, and young victim age.
Second Department modifies order of protection exceeding statutory maximum under CPL 530.13(4)(A), reducing duration by one year where court failed to announce duration at sentencing.
Second Department finds nonfrivolous issues on independent Anders review, assigning new counsel to argue whether orders of protection exceeded statutory maximum duration.
Second Department affirms level three SORA designation, upholding points for sexual misconduct while confined and finding downward departure request unpreserved.
Second Department affirms robbery conviction and grants Anders withdrawal after independent review finds no nonfrivolous appellate issues.