The Fourth Department affirms a conviction for criminal possession of a controlled substance in the fifth degree upon a guilty plea, addressing the defendant’s challenges to the plea and sentence.
The Fourth Department affirms the defendant’s classification as a level three sex offender under SORA, rejecting challenges to the risk assessment instrument scoring and the denial of a downward departure.
The Fourth Department affirms the defendant’s guilty plea conviction for criminal possession of a weapon in the second degree, upholding the suppression ruling and enforcing the appeal waiver.
The Fourth Department reverses the defendant’s assault conviction, vacates the guilty plea, and remits for further proceedings, finding deficiencies in the plea proceedings.
The Fourth Department affirms the defendant’s conviction upon a guilty plea for criminal possession of a weapon in the second degree and criminal contempt in the first degree, addressing challenges to the plea and sentence.
The Fourth Department affirms the defendant’s jury conviction for criminal possession of a controlled substance in the third degree and related charges, addressing challenges to the sufficiency of evidence and trial court rulings.
The Fourth Department affirms a conviction for arson in the second degree upon a guilty plea, finding the defendant’s challenge to the appeal waiver unavailing.
The Fourth Department affirms the defendant’s conviction upon a guilty plea for reckless endangerment in the first degree, finding a valid waiver of the right to appeal that precludes his challenge to the sentence.
The Fourth Department dismisses an appeal from a probation revocation judgment where the defendant’s sole contention — that the sentence was harsh and excessive — was encompassed by a valid waiver of the right to appeal.
The Fourth Department dismisses an Article 78 challenge to a Parole Board denial as moot where the petitioner subsequently reappeared before the Board during the pendency of the appeal.
The Fourth Department affirms the termination of a father’s parental rights under Social Services Law section 384-b, addressing only his challenge to the denial of an adjournment request while dismissing remaining claims.
The Fourth Department affirms a judgment dismissing an Article 78 petition challenging parole revocation, rejecting the petitioner’s procedural objections to the Board’s determination.
The Fourth Department dismisses an Article 78 challenge to a Parole Board denial as moot where the petitioner subsequently reappeared before the Board.
The Fourth Department affirms Family Court’s dismissal of a father’s petition to modify custody at the close of his proof for failure to establish a change in circumstances warranting modification.
The Fourth Department dismisses the mother’s appeal from a custody modification order as moot, finding that a subsequent order superseded the order on appeal, while rejecting the exception to the mootness doctrine.
In a significant opinion interpreting Family Court Act article 8, the Fourth Department holds that an attorney for the child has authority to file a family offense petition on behalf of a child against a nonparent, broadening access to protective relief for children.
The Fourth Department disbars an attorney who was convicted of two federal felonies, finding the aggravating factors including use of legal skills in furtherance of criminal conduct far outweigh mitigating factors.
The Fourth Department modifies Surrogate’s Court’s order in a will and trust contest by reinstating the objectant’s undue influence claim, finding triable issues of fact on whether the decedent’s will amendments were the product of undue influence.
The Fourth Department affirms Family Court’s summary dismissal of a mother’s petition to modify custody from supervised to unsupervised visitation, finding she failed to make a sufficient evidentiary showing of changed circumstances.
The Fourth Department affirms Family Court’s determination that the respondent father neglected his children and upholds the continuation of foster care placement.
The Fourth Department affirms County Court’s acceptance of a grand jury report under CPL 190.85 recommending the removal of a City Court Judge for misconduct in office, rejecting challenges to the grand jury proceedings.
The Fourth Department affirms Family Court’s modification of custody awarding primary physical custody and final decision-making authority to the father based on changed circumstances and the best interests of the children.
The Fourth Department affirms a discovery order directing disclosure of certain records in a motor vehicle injury case while declining to extend an IME examination or compel Medicaid billing records.
The Fourth Department affirms denial of defendants’ motion to bifurcate liability and damages in a motor vehicle accident case, finding the trial court properly exercised its discretion.