text:
    [68 N.E.3d 70, 45 N.Y.S.3d 345]
    The People of the State of New York, Appellant, v Brandon Warrington, Respondent.
    Argued November 16, 2016;
    decided December 22, 2016

      APPEARANCES OF COUNSEL

      Kathleen B. Hogan, District Attorney, Lake George {Jason M. Carusone and Emilee B. Davenport of counsel), for appellant.

      Paul J. Connolly, Delmar, for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to the Appellate Division for consideration of the facts and issues raised but not determined on appeal to that Court.

We agree with the People that the Appellate Division erred in concluding that the trial court was required to excuse prospective juror No. 383 for cause (see 130 AD3d 1368, 1371 [3d Dept 2015]). During voir dire, defense counsel asked prospective jurors whether “[a]nybody [had] a problem with the fact [that the case involved] the death of a five year old child.” Prospective juror No. 123 responded that he could not be impartial given the circumstances of this case, which prompted defense counsel to inquire whether any other jurors had similar feelings. On further questioning by defense counsel, prospective juror No. 383 said, “It’s a five year old. I feel the same. Adult [defendant]. I can’t do it.” After that response, defense counsel asked whether the prospective jurors could agree that “[t]he burden is for the People to prove beyond a reasonable doubt that [defendant] did do it.”

All of the prospective jurors, including prospective juror No. 383, answered that query in the affirmative. All of the prospective jurors then responded in the negative to defense counsel’s subsequent question whether “anybody ha[d] a problem with that,” and the matter turned to the issue whether any prospective juror would “have a problem finding the defendant not guilty if [the People did not] meet their burden.” Prospective juror No. 383 answered, “I don’t know.”

Defense counsel did not follow up with those jurors, but the trial court subsequently attempted to rehabilitate prospective juror No. 123 through an exchange in which the court asked prospective juror No. 123 a series of questions focusing on that juror’s previously stated partiality related to the victim’s age, which questions included the query whether he could “be [a] fair and impartial . . . juror in this case” despite the fact that it involved the death of a child, allegedly at the hands of an adult. That prospective juror responded that he “would try,” and through additional questions the court was unable to elicit an unequivocal assurance of impartiality from him.

The court’s examination of prospective juror No. 383 yielded a different response. Immediately after finishing its examination of prospective juror No. 123, the court turned to juror No. 383. At the outset of its examination of that prospective juror, the court stressed that, as it had done with prospective juror No. 123, it would explore the issue whether prospective juror No. 383 could be fair and impartial if seated for trial. Specifically, and significantly, the court began its questioning of prospective juror No. 383 with the point that it had the “same questions for [her]” before initiating this exchange:

“THE COURT: ... If the [People are] able to prove their case beyond a reasonable doubt, what would your fair and impartial verdict be?
“PROSPECTIVE JUROR NO. 383: Guilty if they prove it guilty.
“THE COURT: Okay. Now, let’s say they bring in lots and lots of witnesses, lots of evidence, lots of DNA, lots of pictures and whatever, but you’re not convinced beyond a reasonable doubt. Let’s say you’re pretty sure, I think maybe he did it but I have a reasonable doubt about this, then what does your verdict have to be?
“PROSPECTIVE JUROR NO. 383: I would have to say not guilty, you know, if they can’t do it to my satisfaction.
“THE COURT: Yes, exactly, and that’s exactly the way it has to be. It’s all up to your satisfaction. It has to be proved beyond a reasonable doubt as you see that and as I tell you what the law is. Would you have any problem with saying that the defendant is not guilty if they don’t prove their case?
“PROSPECTIVE JUROR NO. 383: No, if [the prosecutor] doesn’t have it, if she can’t prove it.”

After briefly questioning prospective juror No. 132 regarding his ability to follow an instruction given by the court at the end of trial, the court returned to prospective juror No. 383:

“THE COURT: . . . Would you follow the law at the end of the case and listen to what they have to say if somebody, if you think somebody lied about something, you don’t have to believe anything they say. On the other hand, you don’t have to not believe anything they say. You can believe the parts you think are true but not believe the parts you think are not?
“PROSPECTIVE JUROR NO. 383: I was just going to say I’ll listen to what they have to say and then I’ll draw my own conclusion.
“THE COURT: Okay. Then you’ll follow the law as I instruct you at the end of the case.
“PROSPECTIVE JUROR NO. 383: Yes.”

Afterwards, the court excused prospective juror No. 123 for cause. Although he agreed that prospective juror No. 383 “got rehabilitated,” defense counsel moved to dismiss that venire person for cause. The court denied that application, and defense counsel exhausted his peremptory challenges in removing her from the jury pool.

“CPL 270.20 (1) (b) provides that a party may challenge a potential juror for cause if the juror ‘has a state of mind that is likely to preclude him [or her] from rendering an impartial verdict based upon the evidence adduced at the trial’ ” (People v Harris, 19 NY3d 679, 685 [2012]). To that end, this Court has “consistently held that ‘a prospective juror whose statements raise a serious doubt regarding the ability to be impartial must be excused unless the juror states unequivocally on the record that he or she can be fair and impartial’ ” (Harris, 19 NY3d at 685, quoting People v Chambers, 97 NY2d 417, 419 [2002]; see People v Johnson, 94 NY2d 600, 616 [2000]). Indeed,

“ ‘when potential jurors themselves say they question or doubt they can be fair in the case, Trial Judges should either elicit some unequivocal assurance of their ability to be impartial when that is appropriate, or excuse the juror when that is appropriate,’ since, in most cases, ‘[t]he worst the court will have done . . . is to have replaced one impartial juror with another impartial juror’ ” (Harris, 19 NY3d at 685, quoting People v Johnson, 17 NY3d 752, 753 [2011]).

As our precedent makes clear, a prospective juror must, first and foremost, in unequivocal terms, “expressly state that his [or her] prior state of mind concerning either the case or either of the parties will not influence [the] verdict” (People v Biondo, 41 NY2d 483, 485 [1977]; see People v Blyden, 55 NY2d 73, 78 [1982]; see Johnson, 94 NY2d at 612). This link between the juror’s previously articulated bias or state of mind and the ability to render an impartial verdict must be evident, because the very point of the unequivocal assurance of impartiality is to “allow [ ] a juror to ‘purge’ a previous opinion ... by expressly declaring that he [or she] will not be influenced by [that] prior opinion” (People v Torpey, 63 NY2d 361, 368 [1984]). Thus, “where [a] prospective juror[ ] unambiguously state[s] that, despite preexisting opinions that might indicate bias, [he or she] will decide the case impartially and based on the evidence, the trial court has discretion to deny the challenge for cause if it determines that the juror’s promise to be impartial is credible” (People v Arnold, 96 NY2d 358, 363 [2001] [emphasis added]).

Under the circumstances of this case—including the trial court’s direct reference to the questions it had asked of juror No. 123, which called to juror No. 383’s attention her previously stated bias—the trial court did not abuse its discretion by denying defendant’s for-cause challenge to the prospective juror based on her subsequent unequivocal assurances of impartiality (see generally Arnold, 96 NY2d at 362; People v Williams, 63 NY2d 882, 884-885 [1984]). Viewing prospective juror No. 383’s statements in totality and in context (see Johnson, 94 NY2d at 615), her assurances to the court adequately expressed her ability and willingness to adhere to her obligation to acquit defendant if the evidence required her to do so and established that she would render an impartial verdict untainted by any aforementioned bias or sympathy. “[T]he CPL . . . does not require any particular expurgatory oath or ‘talismanic’ words” to resolve doubt about a potential juror’s ability to be fair (Arnold, 96 NY2d at 362) and, here, the trial court had the discretion to deny defendant’s for-cause challenge to the prospective juror (see generally People v Williams, 63 NY2d 882, 884-885 [1984]).

Operating under the theory that the Criminal Procedure Law allows us to consider alternative grounds for relief where, as here, an intermediate appellate court modifies or reverses a judgment of a criminal court, defendant advances four contentions of his own for our review on this appeal by the People. In that vein, defendant principally contends that the indictment should be dismissed because the evidence is legally insufficient to support the conviction.

However, to credit defendant’s alternative challenge with respect to the legal sufficiency of the evidence, which was rejected by the Appellate Division (130 AD3d at 1372), would be to afford him relief beyond that provided by the Appellate Division. That is, if we credited his challenge to the legal sufficiency of the evidence, then defendant would be entitled not just to the new trial ordered by the Appellate Division, but also to the reduction of the top count against him (see generally People v Prindle, 16 NY3d 768, 769 [2011]; People v Dlugash, 41 NY2d 725, 737-738 [1977]). “Inasmuch as the relief [defendant] seeks . . . goes beyond mere affirmance of the Appellate Division order and thus constitutes a request for affirmative relief, ... we are precluded from reviewing” his challenge to the legal sufficiency of the evidence (People v Acosta, 80 NY2d 665, 674 [1993]; see People v Carpenito, 80 NY2d 65, 68 n [1992]; People v Gamble, 70 NY2d 885, 886 [1987]; Peter Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11A, CPL 470.35 at 308-309 [2009 ed]; Arthur Karger, Powers of the New York Court of Appeals § 21:12 at 786 [3d ed rev 2005]).

Although it rejected his contention with respect to the legal sufficiency of the evidence, the Appellate Division did not specifically address the balance of the alternative challenges defendant raised before the Appellate Division and reiterates before this Court. Consequently, the case should be remitted to the Appellate Division so that it may pass upon the facts and those alternative contentions advanced by defendant for reversal (see CPL 470.40 [2] [b]).

Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Chief Judge DiFiore taking no part.

Order reversed and case remitted to the Appellate Division, Third Department, for consideration of the facts and issues raised but not determined on the appeal to that Court, in a memorandum.


source: Caselaw Access Project

license: Public Domain

text:
    (December 1, 2016 through
    December 31, 2016)
    Liang-Houh Shieh, Matter of
   App Div, 3d Dept, 11/2/16

12/8/16


text:
    (December 1, 2016 through
    December 31, 2016)
    People ex rel. Moore v Superintendent of Coxsackie Corr. Facility
   Sup Ct, Greene County, 11/2/16

12/7/16


text:
    (December 1, 2016 through
    December 31, 2016)
    People v Abrahamsen
   1st Dept: 143 AD3d 478 (NY)

denied 12/30/16 (Fahey, J.)


text:
    People v Agosto
   1st Dept: 143 AD3d 418 (NY)

denied 12/7/16 (Stein, J.)


text:
    People v Alvaradoajcuc
   2d Dept: 142 AD3d 1094 (Suffolk)

denied 12/7/16 (Abdus-Salaam, J.)


text:
    People v Anderson
   County Ct, 7/20/16 (Wayne)

denied 12/2/16 (Garcia, J.)


text:
    People v Anton
   App Div, 2d Dept: 2016 NY Slip Op 86578(U) (Kings)

dismissed 12/16/16 (Fahey, J.)


text:
    People v Antunez
   1st Dept: 142 AD3d 869 (NY)

denied 12/20/16 (Garcia, J.)


text:
    People v Ashmeade
   App Term, 1st Dept, 53 Misc 3d 132(A) (Bronx)

withdrawn 12/12/16 (Stein, J.)


text:
    People v Ayala
   App Div, 2d Dept: 2016 NY Slip Op 86567(U) (Kings)

dismissed 12/19/16 (Rivera, J.)


text:
    People v Barnes
   4th Dept: 140 AD3d 1714 (Niagara)

denied 12/19/16 (Rivera, J.)


text:
    People v Beckham
   2d Dept: 142 AD3d 556 (Queens)

denied 12/2/16 (Garcia, J.)


text:
    People v Bermejo
   1st Dept: 143 AD3d 612 (Bronx)

denied 12/30/16 (Fahey, J.)


text:
    People v Bess
   2d Dept: 142 AD3d 1098 (Kings)

denied 12/12/16 (Pigott, J.)


text:
    People v Bonilla
   App Div, 2d Dept: 2016 NY Slip Op 86570(U) (Suffolk)

dismissed 12/13/16 (DiFiore, Ch. J.)


text:
    People v Bouknight
   App Div, 2d Dept: 2016 NY Slip Op 88037(U) (Kings)

dismissed 12/19/16 (Rivera, J.)


text:
    People v Boyer
   App Div, 3d Dept: 2016 NY Slip Op 87083(U) (Rensselaer)

dismissed 12/20/16 (Garcia, J.)


text:
    People v Brock
   App Div, 1st Dept: 2016 NY Slip Op 74536(U) (NY)

dismissed 12/28/16 (Stein, J.)


text:
    People v Brown (Jeffrey)
   1st Dept: 142 AD3d 769 (NY)

denied 12/19/16 (Rivera, J.)


text:
    People v Brown (Krystian)
   4th Dept: 142 AD3d 1373 (Erie)

denied 12/27/16 (Rivera, J.)


text:
    People v Butler
   App Div, 2d Dept: 2016 NY Slip Op 84683(U) (Westchester)

dismissed 12/10/16 (Garcia, J.)


text:
    People v Bynum
   2d Dept: 142 AD3d 1183 (Kings)

denied 12/7/16 (Abdus-Salaam, J.)


text:
    People v Cahill
   4th Dept: 142 AD3d 1400 (Onondaga)

denied 12/21/16 (DiFiore, Ch. J.)


text:
    People v Capellan
   1st Dept: 142 AD3d 923 (NY)

denied 12/5/16 (Fahey, J.)


text:
    People v Christy
   1st Dept: 143 AD3d 409 (NY)

denied 12/5/16 (Fahey, J.)


text:
    People v Cintron
   1st Dept: 143 AD3d 623 (NY)

denied 12/19/16 (Rivera, J.)


text:
    People v Clark
   App Term, 1st Dept: 53 Misc 3d 143(A) (NY)

denied 12/21/16 (DiFiore, Ch. J.)


text:
    People v Cruz
   App Div, 3d Dept, 9/26/16 (Albany)

dismissed 12/7/16 (Stein, J.)


text:
    People v Diaz
   4th Dept: 142 AD3d 1332 (Monroe)

denied 12/19/16 (Rivera, J.)


text:
    People v Dickson-Eason
   3d Dept: 143 AD3d 1013 (Albany)

denied 12/20/16 (DiFiore, Ch. J.)


text:
    People v Drummond
   2d Dept: 143 AD3d 836 (Kings)

denied 12/19/16 (Rivera, J.)


text:
    People v Faeth
   App Div, 4th Dept: 2016 NY Slip Op 68866(U) (Wayne)

dismissed 12/7/16 (Garcia, J.)


text:
    People v Fernandez
   1st Dept: 143 AD3d 505 (NY)

denied 12/7/16 (Stein, J.)


text:
    People v Fleming
   1st Dept: 141 AD3d 408 (Bronx)

denied reconsideration 12/7/16 (Garcia, J.)


text:
    People v Flow
   1st Dept: 143 AD3d 587 (NY)

denied 12/30/16 (DiFiore, Ch. J.)


text:
    People v Foster
   2d Dept: 143 AD3d 736 (Suffolk)

denied 12/5/16 (Pigott, J.)


text:
    People v Furino
   1st Dept: 142 AD3d 871 (NY)

denied 12/21/16 (Fahey, J.)


text:
    People v Geron
   1st Dept: 143 AD3d 530 (NY)

denied 12/19/16 (Rivera, J.)


text:
    People v Gillespie
   2d Dept: 142 AD3d 673 (Queens)

denied 12/2/16 (Garcia, J.)


text:
    People v Gjenasecse
   App Div, 2d Dept: 2016 NY Slip Op 86578(D) (Kings)

dismissed 12/16/16 (Fahey, J.)


text:
    People v Gladden
   1st Dept: 143 AD3d 426 (Bronx)

denied 12/8/16 (Fahey, J.)


text:
    People v Goodwin
   2d Dept: 144 AD3d 843 (Kings)

denied 12/30/16 (DiFiore, Ch. J.)


text:
    People v Gough
   2d Dept: 142 AD3d 673 (Queens)

denied 12/2/16 (Garcia, J.)


text:
    People v Grant
   1st Dept: 143 AD3d 609 (Bronx)

denied 12/12/16 (Pigott, J.)


text:
    People v Gray
   1st Dept: 143 AD3d 647 (Bronx)

denied 12/30/16 (DiFiore, Ch. J.)


text:
    People v Guzman
   App Div, 2d Dept: 2016 NY Slip Op 86574(U) (Kings)

dismissed 12/12/16 (Stein, J.)


text:
    People v Hampton
   4th Dept: 142 AD3d 1305 (Monroe)

denied 12/21/16 (DiFiore, Ch. J.)


text:
    People v Harden
   App Div, 3d Dept: 2016 NY Slip Op 82317(U) (Albany)

dismissed 12/16/16 (Fahey, J.)


text:
    People v Harris (Cleophis)
   4th Dept: 142 AD3d 1391 (Chautauqua)

denied 12/5/16 (Garcia, J.)


text:
    People v Harris (Dennis)
   2d Dept: 143 AD3d 911 (Nassau)

denied 12/12/16 (Pigott, J.)


text:
    People v Harrison
   2d Dept: 143 AD3d 842 (Queens)

denied 12/5/16 (Pigott, J.)


text:
    People v Horning
   1st Dept: 143 AD3d 520 (NY)

dismissed 12/30/16 (Fahey, J.)


text:
    People v Houston
   2d Dept: 143 AD3d 737 (Kings)

denied 12/30/16 (Fahey, J.)


text:
    People v Hunter
   App Term, 1st Dept: 53 Misc 3d 143(A) (NY)

denied 12/19/16 (Rivera, J.)


text:
    People v Hutchings
   4th Dept: 142 AD3d 1292 (Cayuga)

denied 12/7/16 (Abdus-Salaam, J.)


text:
    People v Hutter
   1st Dept: 143 AD3d 574 (NY)

denied 12/12/16 (Pigott, J.)


text:
    People v Ingram
   2d Dept: 142 AD3d 676 (Westchester)

denied 12/19/16 (Rivera, J.)


text:
    People v James
   4th Dept: 142 AD3d 1290 (Monroe)

denied 12/12/16 (Pigott, J.)


text:
    People v Johnson
   App Div, 3d Dept: 2016 NY Slip Op 83653(U) (Columbia)

dismissed 12/5/16 (Fahey, J.)


text:
    People v Jordan
   1st Dept: 143 AD3d 524 (NY)

denied 12/6/16 (Garcia, J.)


text:
    People v Katehis
   App Div, 2d Dept: 2016 NY Slip Op 87470(U) (Kings)

dismissed 12/12/16 (Pigott, J.)


text:
    People v King Whiteblood
   2d Dept: 142 AD3d 1187 (Dutchess)

denied 12/7/16 (Stein, J.)


text:
    People v Kinsler
   1st Dept: 142 AD3d 926 (NY)

denied 12/21/16 (Fahey, J.)


text:
    People v Kraja
   App Div, 2d Dept: 2016 NY Slip Op 86578(U) (Kings)

dismissed 12/16/16 (Fahey, J.)


text:
    People v Landestoy
   App Term, 1st Dept: 53 Misc 3d 138(A) (NY)

denied 12/7/16 (Stein, J.)


text:
    People v Lasher
   App Div, 3d Dept: 2016 NY Slip Op 86471(U) (Schenectady)

dismissed 12/6/16 (Garcia, J.)


text:
    People v Layne
   1st Dept: 142 AD3d 769 (NY)

denied 12/19/16 (Rivera, J.)


text:
    People v Lebron
   2d Dept: 140 AD3d 790 (Dutchess)

denied 12/12/16 (Pigott, J.)


text:
    People v Lee
   2d Dept: 142 AD3d 1184 (Kings)

denied 12/6/16 (Garcia, J.)


text:
    People v Linguanti
   2d Dept: 143 AD3d 740 (Orange)

denied 12/13/16 (DiFiore, Ch. J.)


text:
    People v Lunan
   3d Dept: 141 AD3d 947 (Ulster)

denied 12/5/16 (Pigott, J.)


text:
    People v Marshall
   2d Dept: 143 AD3d 842 (Kings)

denied 12/13/16 (DiFiore, Ch. J.)


text:
    People v Martinez (Edwin)
   1st Dept: 143 AD3d 557 (Bronx)

denied 12/30/16 (DiFiore, Ch. J.)


text:
    People v Martinez (Gene)
   2d Dept: 142 AD3d 718 (Kings)

denied 12/19/16 (Rivera, J.)


text:
    People v Matthews (Burgess)
   4th Dept: 142 AD3d 1354 (Monroe)

denied 12/14/16 (Garcia, J.) (Appeal No. 1)


text:
    People v Matthews (Burgess)
   4th Dept: 142 AD3d 1356 (Monroe)

denied 12/14/16 (Garcia, J.) (Appeal No. 2)


text:
    People v McCray
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 53 Misc 3d 19 (Kings)

denied 12/13/16 (Garcia, J.)


text:
    People v McDermott
   App Div, 4th Dept, 10/24/16 (Oneida)

dismissed 12/28/16 (Rivera, J.)


text:
    People v Miranda
   App Term, 1st Dept: 53 Misc 3d 138(A) (NY)

denied 12/16/16 (Fahey, J.)


text:
    People v Newton
   4th Dept: 143 AD3d 1286 (Wyoming)

denied 12/5/16 (Pigott, J.)


text:
    People v Padilla
   App Term, 1st Dept: 53 Misc 3d 138(A) (NY)

denied 12/27/16 (Rivera, J.)


text:
    People v Pagan
   2d Dept: 142 AD3d 1186 (Kings)

denied 12/7/16 (Abdus-Salaam, J.)


text:
    People v Palladino
   2d Dept: 140 AD3d 1194 (Suffolk)

denied reconsideration 12/5/16 (Pigott, J.)


text:
    People v Perkins
   3d Dept: 140 AD3d 1401 (Albany)

denied 12/30/16 (Fahey, J.)


text:
    People v Peterson
   App Term, 1st Dept: 53 Misc 3d 138(A) (Bronx)

denied 12/12/16 (Pigott, J.)


text:
    People v Pilorge
   2d Dept: 142 AD3d 1186 (Nassau)

denied 12/13/16 (DiFiore, Ch. J.)


text:
    People v Pleasant
   App Div, 1st Dept: 2016 NY Slip Op 78033(U) (NY)

denied reconsideration 12/30/16 (DiFiore, Ch. J.)


text:
    People v Quiroz
   2d Dept: 142 AD3d 1108 (Queens)

denied 12/5/16 (Pigott, J.)


text:
    People v Rasheem-Coleman
   1st Dept: 143 AD3d 585 (NY)

denied 12/20/16 (Stein, J.)


text:
    People v Redd
   2d Dept: 142 AD3d 1186 (Suffolk)

denied 12/16/16 (Fahey, J.)


text:
    People v Renert
   3d Dept: 143 AD3d 1016 (Otsego)

denied 12/30/16 (Fahey, J.)


text:
    People v Reyes
   1st Dept: 143 AD3d 414 (NY)

denied 12/13/16 (Garcia, J.)


text:
    People v Richards
   2d Dept: 142 AD3d 1187 (Kings)

denied 12/30/16 (Fahey, J.)


text:
    People v Rizzo
   2d Dept: 142 AD3d 1187 (Dutchess)

denied 12/7/16 (Stein, J.)


text:
    People v Robinson (Angel)
   2d Dept: 143 AD3d 744 (Suffolk)

denied 12/21/16 (Fahey, J.)


text:
    People v Robinson (Brandon)
   4th Dept: 142 AD3d 1302 (Monroe)

denied 12/30/16 (DiFiore, Ch. J.)


text:
    People v Rodriguez
   2d Dept: 142 AD3d 1189 (Suffolk)

denied 12/5/16 (Fahey, J.)


text:
    People v Rosario
   2d Dept: 143 AD3d 1004 (Westchester)

denied 12/19/16 (Rivera, J.)


text:
    People v Rubin
   2d Dept: 143 AD3d 846 (Suffolk)

denied 12/27/16 (Rivera, J.)


text:
    People v Rush (Basheem)
   App Div, 2d Dept: 2016 NY Slip Op 84156(U) (Kings)

dismissed 12/5/16 (Pigott, J.)


text:
    People v Rush (Biggie)
   App Div, 2d Dept: 2016 NY Slip Op 84156(U) (Kings)

dismissed 12/5/16 (Pigott, J.)


text:
    People v Santiago (Alexander)
   1st Dept: 143 AD3d 545 (Bronx)

denied 12/9/16 (Garcia, J.)


text:
    People v Santiago (Anibal)
   4th Dept: 142 AD3d 1390 (Onondaga)

denied 12/12/16 (Pigott, J.)


text:
    People v Simmons
   1st Dept: 142 AD3d 884 (Bronx)

denied 12/13/16 (Garcia, J.)


text:
    People v Smith
   4th Dept: 140 AD3d 1774 (Monroe)

denied 12/5/16 (Stein, J.)


text:
    People v Spates
   4th Dept: 142 AD3d 1389 (Erie)

denied 12/14/16 (Garcia, J.)


text:
    People v Stahl
   3d Dept: 141 AD3d 962 (Essex)

denied 12/2/16 (Fahey, J.)


text:
    People v Stewart
   2d Dept: 142 AD3d 629 (Queens)

denied 12/14/16 (Garcia, J.)


text:
    People v Stiles
   2d Dept: 143 AD3d 747 (Kings)

denied 12/7/16 (Stein, J.)


text:
    People v Tavera
   App Term, 1st Dept: 53 Misc 3d 137(A) (Bronx)

denied 12/16/16 (Fahey, J.)


text:
    People v Taylor
   2d Dept: 132 AD3d 915 (Richmond)

denied 12/19/16 (Rivera, J.)


text:
    People v Teri W.
   1st Dept: 142 AD3d 924 (NY)

granted 12/30/16 (DiFiore, Ch. J.)


text:
    People v Thibeault
   App Div, 3d Dept: 2016 NY Slip Op 85827(U) (Cortland)

denied 12/21/16 (Fahey, J.)


text:
    People v Thomas (Christopher)
   App Term, 1st Dept: 53 Misc 3d 137(A) (NY)

denied 12/9/16 (Garcia, J.)


text:
    People v Thomas (David)
   2d Dept: 142 AD3d 1191 (Richmond)

denied 12/20/16 (Stein, J.)


text:
    People v Thompson (Antwan)
   App Div, 2d Dept: 2016 NY Slip Op 87299(U) (Kings)

dismissed 12/30/16 (DiFiore, Ch. J.)


text:
    People v Thompson (Gregory)
   1st Dept: 143 AD3d 430 (Bronx)

denied 12/20/16 (Stein, J.)


text:
    People v Turner
   1st Dept: 143 AD3d 416 (NY)

denied 12/1/16 (Pigott, J.)


text:
    People v Tyler
   4th Dept: 140 AD3d 1617 (Onondaga)

denied 12/19/16 (Rivera, J.)


text:
    People v Tyo
   4th Dept: 140 AD3d 1697 (Oswego)

denied 12/19/16 (Stein, J.)


text:
    People v Valerio
   2d Dept: 138 AD3d 1153 (Queens)

denied 12/8/16 (Fahey, J.)


text:
    People v Vernick-Chaikin
   App Term, 2d Dept, 9th & 10th Jud Dists: 52 Misc 3d 143(A) (Suffolk)

denied 12/19/16 (Pigott, J.)


text:
    People v Watson
   App Term, 1st Dept: 53 Misc 3d 127(A) (NY)

denied 12/19/16 (Rivera, J.)


text:
    People v Wattkis
   1st Dept: 143 AD3d 500 (NY)

denied 12/8/16 (Fahey, J.)


text:
    People v Westwood
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 53 Misc 3d 74 (Queens)

denied 12/30/16 (Fahey, J.)


text:
    People v White (Jahmon)
   App Term, 1st Dept: 53 Misc 3d 138(A) (Bronx)

denied 12/19/16 (Rivera, J.)


text:
    People v White (Jonathan)
   3d Dept: 142 AD3d 1254 (Warren)

denied 12/30/16 (Fahey, J.)


text:
    People v Williams (Albert)
   App Div, 1st Dept: 2014 NY Slip Op 79799(U) (NY)

dismissed 12/28/16 (Rivera, J.)


text:
    People v Williams (Keith)
   4th Dept: 142 AD3d 1360 (Monroe)

denied 12/30/16 (DiFiore, Ch. J.)


text:
    People v Williams (Teon)
   2d Dept: 143 AD3d 847 (Nassau)

denied 12/20/16 (Stein, J.)


text:
    People v Young
   4th Dept: 143 AD3d 1242 (Monroe)

denied 12/20/16 (Garcia, J.)


text:
    People v Zapata
   1st Dept: 143 AD3d 477 (NY)

denied 12/6/16 (Garcia, J.)


text:
    In the Matter of Angelica S. and Others, Infants. Cynthia C., Appellant; Abbott House, Respondent.
    Submitted December 12, 2016;
    decided January 10, 2017
   Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.


text:
    In the Matter of Michael H. Cassidy, Appellant, v New York State Board of Parole, Respondent.
    Submitted October 31, 2016;
    decided January 10, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Michael H. Cassidy, Appellant, v New York State Board of Parole, Respondent.
    Submitted December 5, 2016;
    decided January 10, 2017
   Motion by The Legal Aid Society for leave to appear amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.


text:
    Robert J. Congel et al., as Members of the Executive Committee of, and on Behalf of Poughkeepsie Galleria Company, Respondents, v Marc A. Malfitano, Appellant.
    Submitted October 3, 2016;
    decided January 10, 2017
   Motion for leave to appeal granted. Motion for a stay denied.


text:
    David Anthony Fernandez, Individually and as Executor of Janis Anne Fernandez, Deceased, Appellant, v Daimler-Chrysler, AG., Respondent, et al., Defendants.
    Decided January 10, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.

Judge Rivera taking no part.


text:
    Global Reinsurance Corporation of America, Successor in Interest to Constitution Reinsurance Corporation, Respondent, v Century Indemnity Company, Successor in Interest to CCI Insurance Company, Successor in Interest to Insurance Company of North America, Appellant.
    Decided January 10, 2017

      See 843 F3d 120.
   Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.27 of the Rules of Practice of the Court of Appeals (22 NYCRR 500.27), accepted and the issues presented are to be considered after briefing and argument.

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.


text:
    In the Matter of Isaiah M. and Another, Neglected Children. Franklin County Department of Social Services, Respondent; Nicole M., Appellant.
    Submitted December 27, 2016;
    decided January 10, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for a stay dismissed as academic.


text:
    Frank Maki, Appellant, v Bassett Healthcare et al., Respondents.
    Submitted September 12, 2016;
    decided January 10, 2017
   On the Court’s own motion, appeal, insofar as taken from that portion of the Appellate Division order that affirmed so much of Supreme Court’s order as denied the motion for renewal and/or vacatur, dismissed, without costs, upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; appeal otherwise dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as affirmed so much of Supreme Court’s order as denied the motion for renewal and/or vacatur, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.


text:
    In the Matter of Melvin M. Marin, a Suspended Attorney, Appellant. Committee on Professional Standards, Respondent.
    Submitted December 19, 2016;
    decided January 10, 2017
   Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.


text:
    In the Matter of Marion C.W. Lisa K. et al., Appellants; JPMorgan Chase Bank, N.A., Respondent.
    Submitted October 17, 2016;
    decided January 10, 2017
   Motion, insofar as it seeks leave to appeal from those portions of the Appellate Division order as resolved the appeals from those parts of the orders of Supreme Court as denied motions for reargument or renewal, dismissed upon the ground that those portions of the order do not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.


text:
    Ana Gomez, Respondent, v Michael J. Novak et al., Appellants.
    Submitted December 5, 2016;
    decided January 12, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Mapfre Insurance Company of New York, Respondent, v Balgobin Manoo, et al., Defendants, and Active Care Medical Supply Corporation, Appellant.
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by Global Liberty Insurance Company of New York for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    Sara Myers et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by Michael R. Aiello et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore taking no part.


text:
    In the Matter of Ralph Oyague, Appellant, v Clinton Correctional Facility, Respondent.
    Submitted December 12, 2016;
    decided January 12, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.


text:
    The People of the State of New York, Respondent, v Shawn J. Sivertson, Appellant.
    Decided January 12, 2017
   Reargument ordered and case set down for argument at a future session of the Court.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia.


text:
    The People of the State of New York, Appellant, v Matthew A. Slocum, Respondent.
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by The Bronx Defenders et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    In the Matter of 381 Search Warrants Directed to Facebook, Inc., Appellant. New York County District Attorney’s Office, Respondent. (And Another Proceeding.)
    Submitted January 3, 2017;
    decided January 12, 2017
   Motion by New York Civil Liberties Union et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of 381 Search Warrants Directed to Facebook, Inc., Appellant. New York County District Attorney’s Office, Respondent. (And Another Proceeding.)
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by District Attorneys Association of the State of New York for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of 381 Search Warrants Directed to Facebook, Inc., Appellant. New York County District Attorney’s Office, Respondent. (And Another Proceeding.)
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by Foursquare Labs, Inc., et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of 381 Search Warrants Directed to Facebook, Inc., Appellant. New York County District Attorney’s Office, Respondent. (And Another Proceeding.)
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by Brennan Center for Justice at NYU School of Law et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of 381 Search Warrants Directed to Facebook, Inc., Appellant. New York County District Attorney’s Office, Respondent. (And Another Proceeding.)
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by Matthew L. Biben et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of 381 Search Warrants Directed to Facebook, Inc., Appellant. New York County District Attorney’s Office, Respondent. (And Another Proceeding.)
    Submitted January 9, 2017;
    decided January 12, 2017
   Motion by Amazon.com, Inc., et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of Elaine Ward, Appellant, v City of New York et al., Respondents.
    Submitted December 19, 2016;
    decided January 12, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1070].


text:
    [68 NE3d 1221, 46 NYS3d 491]
    In the Matter of Jevon Henry, Appellant, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.
    Argued November 14, 2016;
    decided December 15, 2016

      APPEARANCES OF COUNSEL

      Main Street Legal Services, Inc., Long Island City {Donna H. Lee of counsel), and Cleary Gottlieb Steen & Hamilton LLP, New York City {David H. Herrington, Izukanne Emeagwali, Jessica Thompson and Bibeane Metsch of counsel), for appellant.

      Eric T. Schneiderman, Attorney General, Albany {Marcus J. Mastracco, Barbara D. Underwood, Andrea Oser and Peter H. Schiff of counsel), for respondent.

      Karen Murtagh, Prisoners’ Legal Services of New York, Albany {James Bogin of counsel), for Prisoners’ Legal Services of New York, amicus curiae.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the Supreme Court for further proceedings in accordance with this memorandum.

During his prison disciplinary proceeding, inmate Jevon Henry requested specific documents and witnesses, and the Hearing Officer denied some of those requests. Following a hearing, Henry was found guilty and a penalty was imposed of two years in a special housing unit. In a CPLR article 78 proceeding in which Henry sought judicial review of the denial of his requests for documents and witnesses, Supreme Court dismissed the petition on the ground that Henry had not preserved his claim that his requests had been improperly denied. The Appellate Division affirmed (120 AD3d 868 [3d Dept 2014]). We granted petitioner leave to appeal and now reverse, holding that Henry did preserve his claim.

Henry, an inmate at the Greene Correctional Facility in the custody of the Department of Corrections and Community Supervision, was charged with participating in a gang-related assault of another inmate. A tier III disciplinary hearing was held before a Commissioner’s Hearing Officer. At the outset, the Hearing Officer advised Henry that he was entitled to call witnesses on his behalf and to present documentary evidence. The Hearing Officer also instructed Henry to promptly raise any procedural objections or claims so that they might be addressed during the hearing. Henry indicated that he understood his rights as explained to him and pleaded not guilty to all charges. Henry requested that he be provided with any “to/from” report and logbook entries relevant to the incident, as well as the unusual incident report. Henry also requested testimony from two correction officers and several inmate witnesses.

At the hearing, an offender rehabilitation coordinator testified that confidential sources informed him that Henry had assaulted another inmate on April 22, 2012 with a sharp metal-type weapon. He further testified that his investigation led him to believe that the assault was gang-related and retaliatory. Prior to the presentation of his defense, Henry complained that he had not yet received the documents he had requested. The Hearing Officer denied Henry’s requests for documents, on the basis that the unusual incident report did not name Henry, the “to/from” report was confidential, and the logbook had no description of the incident.

Three of the inmates requested by Henry testified on his behalf. One of the correction officers requested by Henry testified that he was vaguely familiar with the subject incident and that he had nothing of significance to recount. In response to Henry’s questions, the correction officer testified that he did not know whether Henry was involved in the alleged assault. The Hearing Officer denied Henry’s request to call the second correction officer on the ground that the testimony would be cumulative. Regarding one of the inmates Henry had requested, the Hearing Officer told Henry that the inmate refused to testify. Twice during the hearing, Henry stated that he was not involved in the alleged attack and that he objected “to the whole hearing.”

Following the hearing, the Hearing Officer found Henry guilty and imposed two years in the special housing unit with attendant loss of privileges and good time. Henry filed an administrative appeal, arguing that he was denied requested documents, and that the Hearing Officer never provided an explanation for one inmate’s refusal to testify. Following administrative affirmance of the disposition, Henry commenced a CPLR article 78 proceeding to challenge the determination. In lieu of an answer, respondent moved to dismiss the proceeding on the ground that Henry had failed to preserve the issues he sought to raise by proper objection at the hearing.

Supreme Court granted respondent’s motion to dismiss, denied the petition, and dismissed the proceeding, holding that, because Henry had failed to object at the hearing to the denial of his requests for documents and witnesses, none of the issues were preserved for review. Henry appealed and the Appellate Division affirmed (120 AD3d 868 [3d Dept 2014]), holding that Henry’s claims were unpreserved “due to his failure to specifically object at the hearing” {id. at 869).

An inmate charged with violating a prison regulation is entitled to due process protections which include a right “to call witnesses and present documentary evidence in his defense when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals” (Wolff v McDonnell, 418 US 539, 566 [1974]; Matter of Laureano v Kuhlmann, 75 NY2d 141, 146 [1990]). Contrary to the conclusion of the Appellate Division, Henry cannot be deemed to have waived his challenges simply because he failed to make specific objections at the hearing.

In sum, the record shows that Henry plainly requested access to specific documents and witnesses, and the Hearing Officer denied some of those requests. In light of the denial of Henry’s requests, the courts below erred in determining that Henry’s failure to specifically object to the Hearing Officer’s unfavorable rulings constituted a failure to preserve those rulings for judicial review.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Order reversed, without costs, and matter remitted to Supreme Court, Albany County, for further proceedings in accordance with the memorandum herein.

       Respondent also argues that Henry failed to exhaust his administrative remedies. That was not the basis for the motion to dismiss and it is not reviewable on this appeal.


text:
    [69 NE3d 622, 46 NYS3d 835]
    In the Matter of Bruckner Realty LLC, Appellant, v Jeanette Cruz, Respondent.
    Decided December 20, 2016

      APPEARANCES OF COUNSEL

      Sontag & Hyman, RC., Roslyn Heights {Marc H. Hyman of counsel), for appellant.

      Jeanette Cruz, respondent pro se.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Petitioner failed to satisfy its burden on its motion for summary judgment of making a prima facie showing of entitlement to judgment as a matter of law.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.


text:
    [70 NE3d 477, 47 NYS3d 726]
    In the Matter of Norman Woods et al., Respondents, v State University of New York et al., Appellants.
    Decided February 14, 2017

      APPEARANCES OF COUNSEL

      Eric T Schneiderman, Attorney General, Albany (Julie M. Sheridan, Barbara D. Underwood and Andrew D. Bing of counsel), for appellants.

      Lippes Mathias Wexler Friedman LLP, Albany (Thomas D. Latin of counsel), for respondents.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, for the reasons stated in the dissenting memorandum of Justice Robert Rose (139 AD3d 1322, 1325 [2016]), and matter remitted to the Appellate Division, Third Department, for consideration of issues raised but not determined on the appeal to that Court.

Concur: Chief Judge DiFioee and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia; Judge Wilson taking no part.


text:
    (January 1, 2017 through
    January 31, 2017)
    Wells Fargo Bank, NA v Taschetta
   App Div, 4th Dept: 2016 NY Slip Op 89811(U)

1/9/17


text:
    (January 1, 2017 through
    January 31, 2017)
    People v Acevado
   1st Dept: 143 AD3d 549 (Bronx)

denied 1/4/17 (Stein, J.)


text:
    People v Acevedo
   1st Dept: 143 AD3d 549 (Bronx)

denied 1/4/17 (Stein, J.)


text:
    People v Alcides P.
   2d Dept: 144 AD3d 1178 (Kings)

denied 1/30/17 (Fahey, J.)


text:
    People v Alfred
   4th Dept: 142 AD3d 1373 (Onondaga)

denied 1/3/17 (Rivera, J.)


text:
    People v Allen
   4th Dept: 142 AD3d 1401 (Erie)

denied 1/23/17 (Garcia, J.)


text:
    People v Alvarez
   1st Dept: 143 AD3d 543 (NY)

denied 1/16/17 (Rivera, J.)


text:
    People v Angeles
   App Term, 1st Dept: 53 Misc 3d 143(A) (NY)

denied 1/23/17 (Garcia, J.)


text:
    People v Anonymous
   1st Dept: 144 AD3d 595 (NY)

denied 1/26/17 (Garcia, J.)


text:
    People v Ashe
   1st Dept: 142 AD3d 887 (NY)

denied 1/27/17 (DiFiore, Ch. J.)


text:
    People v Bacuetes
   App Term, 1st Dept: 53 Misc 3d 128(A) (NY)

denied 1/4/17 (Garcia, J.)


text:
    People v Baez
   1st Dept: 143 AD3d 474 (NY)

denied 1/17/17 (Fahey, J.)


text:
    People v Bartlett
   1st Dept: 143 AD3d 571 (NY)

denied 1/11/17 (Fahey, J.)


text:
    People v Barto
   4th Dept: 144 AD3d 1641 (Seneca)

denied 1/5/17 (Stein, J.)


text:
    People v Belton
   2d Dept: 143 AD3d 835 (Kings)

denied 1/10/17 (Stein, J.)


text:
    People v Blanco
   1st Dept: 143 AD3d 616 (NY)

denied 1/6/17 (Garcia, J.)


text:
    People v Boland
   2d Dept: 143 AD3d 909 (Queens)

denied 1/3/17 (Garcia, J.)


text:
    People v Bombard
   4th Dept: 143 AD3d 1257 (Ontario)

denied 1/5/17 (Stein, J.)


text:
    People v Bouwens
   App Div, 4th Dept, 10/4/16 (Ontario)

dismissed 1/26/17 (Garcia, J.)


text:
    People v Bowens
   1st Dept: 143 AD3d 528 (NY)

denied 1/24/17 (Abdus-Salaam, J.)


text:
    People v Bridges
   4th Dept: 144 AD3d 1582 (Erie)

denied 1/9/17 (Stein, J.)


text:
    People v Brimmage
   1st Dept: 143 AD3d 624 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Brito
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 53 Misc 3d 130(A) (Kings)

denied 1/3/17 (Garcia, J.)


text:
    People v Brook
   2d Dept: 143 AD3d 836 (Kings)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Bryant (Keith)
   4th Dept: 144 AD3d 1523 (Monroe)

denied 1/4/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Bryant (Keith)
   4th Dept: 144 AD3d 1530 (Monroe)

denied 1/4/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Burlingame
   App Div, 4th Dept, 8/16/16 (Chautauqua)

denied reconsideration 1/20/17 (DiFiore, Ch. J.)


text:
    People v Cadet
   3d Dept: 144 AD3d 1335 (Washington)

denied 1/18/17 (Fahey, J.)


text:
    People v Cardona
   App Term, 1st Dept: 53 Misc 3d 137(A) (NY)

denied 1/24/17 (Garcia, J.)


text:
    People v Carducci
   4th Dept: 143 AD3d 1260 (Erie)

denied 1/5/17 (Stein, J.)


text:
    People v Carrasquillo
   4th Dept: 142 AD3d 1359 (Onondaga)

denied 1/6/17 (Garcia, J.)


text:
    People v Carrasquillo-Fuentes
   4th Dept: 142 AD3d 1335 (Onondaga)

denied 1/6/17 (Garcia, J.)


text:
    People v Casolo
   3d Dept: 142 AD3d 1247 (Albany)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Castro
   1st Dept: 143 AD3d 514 (Bronx)

denied 1/16/17 (Rivera, J.)


text:
    People v Clark
   4th Dept: 142 AD3d 1339 (Monroe)

denied 1/4/17 (DiFiore, Ch. J.)


text:
    People v Clarke
   2d Dept: 144 AD3d 937 (Westchester)

denied 1/23/17 (Fahey, J.)


text:
    People v Coello
   App Div, 1st Dept: 2016 NY Slip Op 88142(U) (Bronx)

denied 1/24/17 (Garcia, J.)


text:
    People v Colletta
   2d Dept: 143 AD3d 908 (Queens)

denied 1/25/17 (Stein, J.)


text:
    People v Coney
   1st Dept: 143 AD3d 490 (NY)

denied 1/24/17 (Garcia, J.)


text:
    People v Cook
   3d Dept: 144 AD3d 1317 (Albany)

denied 1/30/17 (Fahey, J.)


text:
    People v Corona
   1st Dept: 142 AD3d 889 (Bronx)

denied 1/3/17 (DiFiore, Ch. J.)


text:
    People v Crespo
   1st Dept: 143 AD3d 412 (Bronx)

denied 1/30/17 (Abdus-Salaam, J.)


text:
    People v Cruz
   App Term, 1st Dept: 53 Misc 3d 95 (Bronx)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Culkin
   App Div, 4th Dept: 2016 NY Slip Op 88946(U) (Erie)

dismissed 1/6/17 (DiFiore, Ch. J.)


text:
    People v Dale
   4th Dept: 142 AD3d 1287 (Erie)

denied 1/26/17 (Garcia, J.)


text:
    People v Darden
   1st Dept: 142 AD3d 863 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Davis (Richard)
   4th Dept: 142 AD3d 1387 (Monroe)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Davis (Rodney)
   3d Dept: 144 AD3d 1188 (Schenectady)

denied 1/23/17 (Fahey, J.)


text:
    People v Davoy
   4th Dept: 142 AD3d 1301 (Lewis)

denied 1/4/17 (DiFiore, Ch. J.)


text:
    People v Deale
   1st Dept: 143 AD3d 621 (NY)

denied 1/6/17 (Garcia, J.)


text:
    People v Dermer
   1st Dept: 140 AD3d 551 (NY)

denied 1/6/17 (Fahey, J.)


text:
    People v Echols
   2d Dept: 144 AD3d 702 (Queens)

denied 1/4/17 (DiFiore, Ch. J.)


text:
    People v Elias
   2d Dept: 143 AD3d 908 (Kings)

denied 1/23/17 (Garcia, J.)


text:
    People v Empey
   3d Dept: 144 AD3d 1201 (St. Lawrence)

denied 1/30/17 (Fahey, J.)


text:
    People v Encarnacion
   App Div, 4th Dept, 10/18/16 (Onondaga)

dismissed 1/9/17 (Stein, J.)


text:
    People v Ernst
   4th Dept: 144 AD3d 1605 (Cayuga)

denied 1/4/17 (DiFiore, Ch. J.)


text:
    People v Esteban
   1st Dept: 143 AD3d 515 (NY)

denied 1/30/17 (Abdus-Salaam, L)


text:
    People v Evans
   4th Dept: 142 AD3d 1291 (Erie)

denied 1/4/17 (Garcia, J.)


text:
    People v Ezell
   1st Dept: 143 AD3d 551 (Bronx)

denied 1/18/17 (Fahey, J.)


text:
    People v Fernanand
   1st Dept: 143 AD3d 653 (Bronx)

denied 1/16/17 (Rivera, J.)


text:
    People v Fisher (Brian)
   4th Dept: 142 AD3d 1401 (Monroe)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Fisher (Kevin)
   1st Dept: 143 AD3d 623 (Bronx)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Forest
   3d Dept: 141 AD3d 967 (Tompkins)

denied 1/17/17 (DiFiore, Ch. J.)


text:
    People v Galindo
   1st Dept: 144 AD3d 578 (NY)

denied 1/18/17 (Fahey, J.)


text:
    People v Gambrell
   1st Dept: 143 AD3d 653 (NY)

denied 1/4/17 (Stein, J.)


text:
    People v Ghost
   4th Dept: 144 AD3d 1597 (Erie)

denied 1/31/17 (DiFiore, Ch. J.)


text:
    People v Gillegbower
   1st Dept: 143 AD3d 479 (NY)

denied 1/16/17 (Rivera, J.)


text:
    People v Gonzalez
   1st Dept: 144 AD3d 408 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Goss
   4th Dept: 143 AD3d 1279 (Erie)

denied 1/3/17 (Rivera, J.)


text:
    People v Gray
   2d Dept: 143 AD3d 909 (Queens)

denied 1/3/17 (Garcia, J.)


text:
    People v Grayson
   App Div, 3d Dept: 2016 NY Slip Op 87176(U) (Albany)

denied 1/26/17 (Garcia, J.)


text:
    People v Green
   4th Dept: 132 AD3d 1270 (Erie)

denied 1/19/17 (Abdus-Salaam, J.) (Appeal No. 2)


text:
    People v Griffin
   2d Dept: 143 AD3d 1000 (Queens)

denied 1/3/17 (Rivera, J.)


text:
    People v Gumbs
   1st Dept: 143 AD3d 403 (Bronx)

denied 1/18/17 (Fahey, J.)


text:
    People v Gunn
   3d Dept: 144 AD3d 1193 (Albany)

denied 1/23/17 (Fahey, J.)


text:
    People v Hale
   2d Dept: 143 AD3d 910 (Kings)

denied 1/17/17 (Fahey, J.)


text:
    People v Hall
   4th Dept: 142 AD3d 1295 (Lewis)

denied 1/9/17 (Stein, J.)


text:
    People v Hamilton
   App Div, 2d Dept: 2016 NY Slip Op 83131(U) (Kings)

denied reconsideration 1/10/17 (Rivera, J.)


text:
    People v Harris (Fred)
   App Div, 2d Dept: 2016 NY Slip Op 80387(U) (Kings)

denied reconsideration 1/19/17 (Abdus-Salaam, J.)


text:
    People v Harris (Joseph)
   3d Dept: 143 AD3d 1181 (Clinton)

denied 1/3/17 (Garcia, J.)


text:
    People v Hart
   App Div, 3d Dept: 2016 NY Slip Op 91179(U) (Albany)

denied 1/31/17 (DiFiore, Ch. J.)


text:
    People v Heath (James)
   App Div, 3d Dept: 2016 NY Slip Op 75491(U) (Tompkins)

dismissed 1/24/17 (Abdus-Salaam, J.)


text:
    People v Heath (James)
   App Div, 3d Dept, 6/6/14 (Tompkins)

dismissed 1/24/17 (Abdus-Salaam, J.)


text:
    People v Henderson
   2d Dept: 142 AD3d 1104 (Orange)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Hernandez
   2d Dept: 140 AD3d 1187 (Queens)

denied 1/4/17 (Stein, J.)


text:
    People v Howell
   1st Dept: 143 AD3d 470 (NY)

denied 1/9/17 (Stein, J.)


text:
    People v Hoppe
   App Div, 3d Dept: 2016 NY Slip Op 87811(U) (Broome)

dismissed 1/17/17 (Fahey, J.)


text:
    People v Houston
   4th Dept: 142 AD3d 1397 (Niagara)

denied 1/30/17 (Abdus-Salaam, J.)


text:
    People v Huggen
   App Term, 1st Dept: 53 Misc 3d 137(A) (NY)

denied 1/11/17 (Stein, J.)


text:
    People v Huggins
   App Term, 1st Dept: 53 Misc 3d 137(A) (NY)

denied 1/11/17 (Stein, J.)


text:
    People v Ikpemgbe
   1st Dept: 144 AD3d 430 (NY)

denied 1/4/17 (Garcia, J.)


text:
    People v Illescas
   2d Dept: 139 AD3d 873 (Westchester)

denied reconsideration 1/9/17 (Stein, J.)


text:
    People v Inoa
   App Div, 1st Dept: 2016 NY Slip Op 88161(U) (NY)

denied 1/23/17 (Fahey, J.)


text:
    People v Ivy
   App Div, 4th Dept, 9/7/16 (Erie)

denied reconsideration 1/18/17 (Stein, J.)


text:
    People v Jackson (Aaron)
   4th Dept: 141 AD3d 1095 (Onondaga)

denied 1/5/17 (Stein, J.)


text:
    People v Jackson (Arron)
   4th Dept: 141 AD3d 1095 (Onondaga)

denied 1/5/17 (Stein, J.)


text:
    People v Jackson (Sheree)
   1st Dept: 143 AD3d 404 (Bronx)

denied 1/16/17 (Rivera, J.)


text:
    People v Jiminez
   1st Dept: 143 AD3d 422 (NY)

denied 1/30/17 (Abdus-Salaam, J.)


text:
    People v Johnson (Chester)
   App Div, 2d Dept: 2016 NY Slip Op 83132(U) (Kings)

denied reconsideration 1/20/17 (DiFiore, Ch. J.)


text:
    People v Johnson (Tyriek)
   4th Dept: 143 AD3d 1284 (Orleans)

denied 1/4/17 (Garcia, J.)


text:
    People v Johnston
   App Div, 4th Dept, 10/7/16 (Yates)

denied 1/4/17 (Garcia, J.)


text:
    People v Jones (Jennifer)
   4th Dept: 142 AD3d 1318 (Cayuga)

denied 1/5/17 (Stein, J.)


text:
    People v Jones (Joseph)
   1st Dept: 143 AD3d 578 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Jones (Morris)
   App Term, 1st Dept: 53 Misc 3d 143(A) (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Jones (Nedra)
   4th Dept: 144 AD3d 1590 (Erie)

denied 1/25/17 (Stein, J.)


text:
    People v Jones (Vernon)
   App Div, 3d Dept: 2016 NY Slip Op 74760(U) (Rensselaer)

denied reconsideration 1/30/17 (Abdus-Salaam, J.)


text:
    People v Juan A.
   2d Dept: 143 AD3d 908 (Queens)

denied 1/4/17 (Garcia, J.)


text:
    People v Justice
   App Div, 4th Dept, 10/19/16 (Erie)

dismissed 1/23/17 (Garcia, J.)


text:
    People v Kamal
   2d Dept: 144 AD3d 1055 (Suffolk)

denied 1/31/17 (DiFiore, Ch. J.)


text:
    People v King
   1st Dept: 142 AD3d 917 (Bronx)

denied 1/9/17 (Stein, J.)


text:
    People v Kluss
   4th Dept: 143 AD3d 1281 (Yates)

denied 1/5/17 (Stein, J.)


text:
    People v Knighton (James)
   4th Dept: 144 AD3d 1594 (Onondaga)

denied 1/26/17 (Garcia, J.) (Appeal No. 1)


text:
    People v Knighton (James)
   4th Dept: 144 AD3d 1595 (Onondaga)

denied 1/26/17 (Garcia, J.) (Appeal No. 2)


text:
    People v Lancaster
   3d Dept: 143 AD3d 1046 (Broome)

denied 1/20/17 (Fahey, J.)


text:
    People v Land
   4th Dept: 144 AD3d 1561 (Erie)

denied 1/26/17 (Garcia, J.)


text:
    People v Lawrence
   App Term, 1st Dept: 53 Misc 3d 137(A) (NY)

denied 1/17/17 (Fahey, J.)


text:
    People v Leitzsey
   1st Dept: 142 AD3d 918 (NY)

denied 1/9/17 (Stein, J.)


text:
    People v Lineberger
   App Div, 1st Dept: 2015 NY Slip Op 74358(U) (NY)

denied 1/17/17 (Fahey, J.)


text:
    People v Maisonet
   2d Dept: 144 AD3d 948 (Kings)

denied 1/10/17 (Stein, J.)


text:
    People v Major
   3d Dept: 143 AD3d 1155 (Otsego)

denied 1/26/17 (Garcia, J.)


text:
    People v Manuel
   1st Dept: 143 AD3d 473 (NY)

denied 1/18/17 (Fahey, J.)


text:
    People v Marku
   1st Dept: 143 AD3d 576 (NY)

denied 1/16/17 (Rivera, J.)


text:
    People v Marrero
   1st Dept: 143 AD3d 403 (Bronx)

denied 1/18/17 (Fahey, J.)


text:
    People v Martin (Dijon)
   2d Dept: 144 AD3d 707 (Queens)

denied 1/9/17 (Stein, J.)


text:
    People v Martin (Gregory)
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 52 Misc 3d 140(A) (Queens)

denied 1/4/17 (Stein, J.)


text:
    People v Martinez (Aaron)
   3d Dept: 141 AD3d 1007 (Clinton)

denied 1/17/17 (Fahey, J.)


text:
    People v Martinez (Mitchell)
   1st Dept: 143 AD3d 564 (Bronx)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Mason
   1st Dept: 143 AD3d 569 (Bronx)

denied 1/3/17 (Garcia, J.)


text:
    People v Matos
   1st Dept: 143 AD3d 507 (Bronx)

denied 1/4/17 (Stein, J.)


text:
    People v Maynard
   App Div, 4th Dept, 10/7/16 (Cayuga)

denied 1/3/17 (Rivera, J.)


text:
    People v McClassling
   1st Dept: 143 AD3d 528 (NY)

denied 1/24/17 (Abdus-Salaam, J.)


text:
    People v McKnight
   3d Dept: 144 AD3d 1334 (Schenectady)

denied 1/24/17 (Garcia, J.)


text:
    People v McLean
   1st Dept: 143 AD3d 538 (NY)

denied 1/16/17 (Rivera, J.)


text:
    People v McMurray
   1st Dept: 143 AD3d 542 (NY)

denied 1/10/17 (DiFiore, Ch. J.)


text:
    People v Michel
   2d Dept: 144 AD3d 948 (Kings)

denied 1/11/17 (Stein, J.)


text:
    People v Miranda (Enrique)
   2d Dept: 144 AD3d 844 (Richmond)

denied 1/18/17 (Fahey, J.)


text:
    People v Miranda (Luis)
   1st Dept: 143 AD3d 491 (NY)

denied 1/4/17 (Stein, J.)


text:
    People v Mohammed
   3d Dept: 144 AD3d 1321 (Albany)

denied 1/11/17 (DiFiore, Ch. J.)


text:
    People v Moise
   1st Dept: 144 AD3d 491 (NY)

denied 1/18/17 (Fahey, J.)


text:
    People v Morrow
   2d Dept: 143 AD3d 919 (Kings)

denied 1/19/17 (Fahey, J.)


text:
    People v Murillo
   1st Dept: 144 AD3d 450 (NY)

denied 1/23/17 (Garcia, J.)


text:
    People v Myers
   2d Dept: 143 AD3d 843 (Suffolk)

denied 1/17/17 (Fahey, J.)


text:
    People v Nadal
   App Div, 2d Dept: 2016 NY Slip Op 80390(U) (Westchester)

denied reconsideration 1/23/17 (Fahey, J.)


text:
    People v Nedlik
   3d Dept: 144 AD3d 1324 (Broome)

denied 1/30/17 (Fahey, J.)


text:
    People v Nelson
   1st Dept: 133 AD3d 536 (NY)

denied 1/11/17 (Stein, J.)


text:
    People v Norman
   2d Dept: 142 AD3d 1107 (Queens)

denied 1/16/17 (Rivera, J.)


text:
    People v Nowell
   1st Dept: 143 AD3d 510 (NY)

denied 1/16/17 (Rivera, J.)


text:
    People v O’Rourke
   App Term, 2d Dept, 9th & 10th Jud Dists: 2016 NY Slip Op 93720(U) (Suffolk) :

denied 1/30/17 (Fahey, J.)


text:
    People v Ortega
   1st Dept: 144 AD3d 507 (Bronx)

denied 1/19/17 (DiFiore, Ch. J.)


text:
    People v Owens
   4th Dept: 144 AD3d 1510 (Onondaga)

denied 1/25/17 (Stein, J.)


text:
    People v Pace
   4th Dept: 143 AD3d 1286 (Erie)

denied 1/5/17 (DiFiore, Ch. J.)


text:
    People v Page
   4th Dept: 144 AD3d 1581 (Niagara)

denied 1/17/17 (Stein, J.)


text:
    People v Parker (Allied)
   4th Dept: 132 AD3d 1270 (Erie)

denied 1/19/17 (Abdus-Salaam, J.) (Appeal No. 2)


text:
    People v Parker (Devorn)
   App Term, 1st Dept: 53 Misc 3d 128(A) (Bronx)

denied 1/16/17 (Rivera, J.)


text:
    People v Patel (Vinod)
   App Div, 2d Dept: 2016 NY Slip Op 89517(U) (Queens)

dismissed 1/23/17 (Fahey, J.)


text:
    People v Patel (Vinod)
   App Div, 2d Dept: 2016 NY Slip Op 91140(U) (Nassau)

dismissed 1/30/17 (Fahey, J.)


text:
    People v Peals
   1st Dept: 143 AD3d 535 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Pendarvis
   4th Dept: 143 AD3d 1275 (Erie)

denied 1/10/17 (Stein, J.)


text:
    People v Perez (Lawrence)
   1st Dept: 142 AD3d 869 (Bronx)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Perez (Rudy)
   1st Dept: 143 AD3d 530 (NY)

denied 1/4/17 (Stein, J.)


text:
    People v Perry
   1st Dept: 144 AD3d 469 (Bronx)

denied 1/18/17 (Fahey, J.)


text:
    People v Phillips
   App Term, 1st Dept: 53 Misc 3d 151(A) (NY)

denied 1/30/17 (Fahey, J.)


text:
    People v Pierce
   4th Dept: 142 AD3d 1341 (Erie)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Pomales (Jaime)
   4th Dept: 142 AD3d 1386 (Monroe)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Pomales (Jaimen)
   4th Dept: 142 AD3d 1386 (Monroe)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Pryce
   1st Dept: 143 AD3d 554 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Puig
   1st Dept: 143 AD3d 588 (NY)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Ramos
   1st Dept: 144 AD3d 576 (Bronx)

denied 1/19/17 (DiFiore, Ch. J.)


text:
    People v Randall
   1st Dept: 143 AD3d 411 (NY)

denied 1/9/17 (Stein, J.)


text:
    People v Raska
   County Ct, 10/3/16 (Rensselaer)

denied 1/5/17 (DiFiore, Ch. J.)


text:
    People v Rastaldo
   1st Dept: 132 AD3d 455 (NY)

denied 1/9/17 (Stein, J.)


text:
    People v Reader (Jeffery)
   2d Dept: 142 AD3d 1109 (Richmond)

denied 1/6/17 (Fahey, J.)


text:
    People v Reader (Jeffrey)
   2d Dept: 142 AD3d 1109 (Richmond)

denied 1/6/17 (Fahey, J.)


text:
    People v Reyes (Casimiro)
   2d Dept: 137 AD3d 1060 (Kings)

granted 1/25/17 (Garcia, J.)


text:
    People v Reyes (Manahan)
   1st Dept: 142 AD3d 868 (NY)

denied 1/24/17 (Garcia, J.)


text:
    People v Reyes (Wendell)
   1st Dept: 144 AD3d 463 (Bronx)

denied 1/11/17 (DiFiore, Ch. J.)


text:
    People v Rhymes
   4th Dept: 142 AD3d 1400 (Monroe)

denied 1/24/17 (Garcia, J.)


text:
    People v Richardson (Dante)
   4th Dept: 143 AD3d 1252 (Erie)

denied 1/3/17 (Garcia, J.)


text:
    People v Richardson (Thomas)
   4th Dept: 142 AD3d 1318 (Monroe)

denied 1/19/17 (Stein, J.)


text:
    People v Rivera
   App Div, 2d Dept: 2016 NY Slip Op 84155(U) (Kings)

dismissed 1/19/17 (Abdus-Salaam, J.)


text:
    People v Robtoy
   3d Dept: 144 AD3d 1190 (Clinton)

denied 1/16/17 (Rivera, J.)


text:
    People v Rock
   3d Dept: 144 AD3d 1188 (Schenectady)

denied 1/23/17 (Fahey, J.)


text:
    People v Rodriguez
   1st Dept: 143 AD3d 497 (Bronx)

dismissed 1/4/17 (Stein, J.)


text:
    People v Rogers
   4th Dept: 132 AD3d 1270 (Erie)

denied 1/19/17 (Abdus-Salaam, J.) (Appeal No. 2)


text:
    People v Roman
   4th Dept: 144 AD3d 1523 (Onondaga)

denied 1/19/17 (DiFiore, Ch. J.)


text:
    People v Satlin
   1st Dept: 142 AD3d 920 (NY)

denied 1/16/17 (Rivera, J.)


text:
    People v Scippio
   3d Dept: 144 AD3d 1184 (Ulster)

denied 1/17/17 (Fahey, J.)


text:
    People v Scott
   4th Dept: 144 AD3d 1597 (Erie)

denied 1/31/17 (DiFiore, Ch. J.)


text:
    People v Simmerman
   1st Dept: 144 AD3d 425 (Bronx)

denied 1/19/17 (Abdus-Salaam, j)


text:
    People v Smalls
   App Div, 2d Dept: 2016 NY Slip Op 86585(U) (Westchester)

dismissed 1/19/17 (Abdus-Salaam, J.)


text:
    People v Smith (Melvin)
   2d Dept: 142 AD3d 1027 (Nassau)

denied 1/19/17 (Abdus-Salaam, J)


text:
    People v Smith (Ronnie)
   1st Dept: 144 AD3d 471 (Bronx)

denied 1/17/17 (Fahey, J.)


text:
    People v Solomon
   1st Dept: 144 AD3d 574 (NY)

denied 1/5/17 (Stein, J.)


text:
    People v Streeter
   4th Dept: 144 AD3d 1544 (Niagara)

denied 1/26/17 (Garcia, J.) (Appeal No. 1)


text:
    People v Swartele
   County Ct, 12/16/15 (Yates)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    People v Tavarez
   App Term, 1st Dept: 53 Misc 3d 151(A) (Bronx)

denied 1/23/17 (Fahey, J.)


text:
    People v Taylor (La-Meik)
   3d Dept: 144 AD3d 1317 (Albany)

denied 1/30/17 (Fahey, J.)


text:
    People v Taylor (Terrell)
   1st Dept: 142 AD3d 465 (NY)

denied 1/18/17 (Fahey, J.)


text:
    People v Terborg
   App Div, 4th Dept: 2016 NY Slip Op 88959(U) (Monroe)

dismissed 1/18/17 (Stein, J.)


text:
    People v Terranova
   2d Dept: 144 AD3d 952 (Richmond)

denied 1/18/17 (Fahey, J.)


text:
    People v Thomas
   2d Dept: 143 AD3d 1006 (Queens)

denied 1/24/17 (Garcia, J.)


text:
    People v Thornton
   3d Dept: 141 AD3d 936 (St. Lawrence)

denied 1/17/17 (Fahey, J.)


text:
    People v Turner (Myrrheleki)
   1st Dept: 143 AD3d 566 (NY)

denied 1/17/17 (Fahey, J.)


text:
    People v Turner (Robert)
   App Term, 2d Dept, 9th & 10th Jud Dists: 53 Misc 3d 130(A) (Nassau)

denied 1/17/17 (Stein, J.)


text:
    People v Urbina
   2d Dept: 143 AD3d 924 (Westchester)

denied 1/17/17 (Fahey, J.)


text:
    People v Velez
   1st Dept: 144 AD3d 493 (NY)

denied 1/17/17 (Fahey, J.)


text:
    People v Venable
   2d Dept: 144 AD3d 713 (Kings)

denied 1/11/17 (Stein, J.)


text:
    People v Wade
   1st Dept: 143 AD3d 470 (NY)

denied 1/9/17 (Stein, J.)


text:
    People v Waterman
   App Div, 1st Dept: 2016 NY Slip Op 88587(U) (NY)

denied 1/23/17 (Fahey, J.)


text:
    People v Wenner
   4th Dept: 143 AD3d 1268 (Monroe)

denied 1/30/17 (Abdus-Salaam, J.)


text:
    People v Williams (Isiah)
   App Div, 4th Dept, 10/3/16 (Monroe)

dismissed 1/19/17 (Abdus-Salaam, J.)


text:
    People v Williams (Thomas)
   1st Dept: 143 AD3d 403 (Bronx)

denied 1/18/17 (Fahey, J.)


text:
    People v Wilson (Shamduh)
   2d Dept: 141 AD3d 737 (Kings)

denied 1/23/17 (DiFiore, Ch. J.)


text:
    People v Wilson (Verniel)
   4th Dept: 144 AD3d 1500 (Monroe)

denied 1/26/17 (Garcia, J.)


text:
    People v Womack
   3d Dept: 143 AD3d 1171 (Schenectady)

denied 1/24/17 (Garcia, J.)


text:
    People v Young
   1st Dept: 144 AD3d 500 (NY)

denied 1/23/17 (Garcia, J.)


text:
    People v Yusuf
   2d Dept: 142 AD3d 1029 (Nassau)

denied 1/4/17 (Stein, J.)


text:
    People v Zaffuto
   2d Dept: 138 AD3d 1156 (Richmond)

denied 1/19/17 (Abdus-Salaam, J.)


text:
    (January 1, 2017 through
    January 31, 2017)
    People v Lee
   1st Dept: 143 AD3d 626 (NY)

granted 1/12/17 (Gesmer, J.)


text:
    People v Smart
   2d Dept: 142 AD3d 513 (Kings)

granted 1/6/17 (Chambers, J.)


text:
    People v Wiggins
   1st Dept: 143 AD3d 451 (NY)

granted 1/3/17 (Moskowitz, J.)


text:
    [71 NE3d 555, 49 NYS3d 64]
    The People of the State of New York, Respondent, v Zachary T. Guerin, Appellant.
    Submitted January 10, 2017;
    decided February 9, 2017
    APPEARANCES OF COUNSEL

      Zachary T Guerin, appellant pro se.

      Lori P. Rieman, District Attorney, Little Valley (William Preston Marshall of counsel), and Musacchio & Pyle, Esqs., Gowanda (James A. Musacchio of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the County Court should be affirmed.

Defendant Zachary T. Guerin challenges his conviction for trespassing on private property in violation of Environmental Conservation Law § 11-2113 (1). The law requires that the property be posted with warning signs bearing the name and address of the property owner (ECL 11-2111 [2]). Since defendant did not raise below his specific challenge that the People’s evidence of the location of 32 compliant signs is deficient, this claim is unpreserved and beyond our review (see People v Hines, 97 NY2d 56, 62 [2001]). To the extent defendant argues that evidence of one noncompliant sign undermined the People’s case, the claim is similarly not within our powers of review (CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 349 [2007]).

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Judge Wilson taking no part.

Order affirmed, in a memorandum.

       Includes only applications that were granted.


text:
    In the Matter of the Claim of Hassan Alamin, Appellant, v Down Town Taxi, Inc., et al., Respondents. Workers’ Compensation Board, Respondent.
    Decided February 9, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that it does not lie (see NY Const, art VI, § 3 [b]; CPLR 5601).

Judge Wilson taking no part.


text:
    Susan Aranoff, Respondent, v Gerald Aranoff, Appellant.
    Submitted December 12, 2016;
    decided February 9, 2017
   Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3; CPLR 5602). Motion for poor person relief dismissed as academic.

Judge Wilson taking no part.


text:
    In the Matter of Brookford, LLC, Appellant, v New York State Division of Housing and Community Renewal et al., Respondents.
    Submitted January 23, 2017;
    decided February 9, 2017
   Motion by Rent Stabilization Association et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed submission is accepted as filed.

Judge Wilson taking no part.


text:
    In the Matter of Regina Farage, Appellant, v Yvonne Lewis et al., Respondents.
    Decided February 9, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.

Judge Wilson taking no part.


text:
    In the Matter of Patricia Gill, Appellant, v Mercy College et al., Respondents.
    Submitted November 14, 2016;
    decided February 9, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for ancillary relief dismissed as academic.

Judge Wilson taking no part.


text:
    In the Matter of Patricia Gill, Appellant, v Nyack College et al., Respondents.
    Submitted December 19, 2016;
    decided February 9, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for ancillary relief dismissed as academic.

Judge Wilson taking no part.


text:
    In the Matter of Derrick Harris, Appellant, v James Burke et al., Respondents.
    Submitted December 19, 2016;
    decided February 9, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.

Judge Wilson taking no part.


text:
    Sara Myers et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted January 17, 2017;
    decided February 9, 2017
   Motion by New York State Catholic Conference for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore and Judge Wilson taking no part.


text:
    Sara Myers et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted January 23, 2017;
    decided February 9, 2017
   Motion by Not Dead Yet et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore and Judge Wilson taking no part.


text:
    Henry Nolasco, Plaintiff, v Soho Plaza Corp. et al., Defendants. Soho Plaza Corp. et al., Third-Party Appellants, v Diamond Era Construction, Inc., Third-Party Defendant, and Jason Birnbaum et al., Third-Party Respondents.
    Submitted December 5, 2016;
    decided February 9, 2017
   Reported below, 129 AD3d 924.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Judge Wilson taking no part.


text:
    The People of the State of New York, Respondent, v Christopher L. Anderson, Appellant.
    Submitted February 6, 2017;
    decided February 9, 2017
   Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.

Judges Stein and Wilson taking no part.


text:
    The People of the State of New York, Respondent, v Otis Boone, Appellant.
    Submitted February 6, 2017;
    decided February 9, 2017
   Motion by Brooklyn Defender Services et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Wilson taking no part.


text:
    The People of the State of New York, Respondent, v Gregory Lee, Appellant.
    Submitted February 6, 2017;
    decided February 9, 2017
   Motion for assignment of counsel granted and Rosemary Herbert, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.

Judge Wilson taking no part.


text:
    The People of the State of New York, Appellant, v Kerri Roberts, Respondent.
    Submitted January 23, 2017;
    decided February 9, 2017
   Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, NY 10005 assigned as counsel to the respondent on the appeal herein.

Judge Wilson taking no part.


text:
    The People of the State of New York, Respondent, v Andrew Smart, Appellant.
    Submitted February 6, 2017;
    decided February 9, 2017
   Motion for assignment of counsel granted and Lynn W.L. Fa-hey, Esq., Appellate Advocates, 111 John Street, 9th Floor, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.

Judge Wilson taking no part.


text:
    The People of the State of New York, Respondent, v Reginald Wiggins, Appellant.
    Submitted January 30, 2017;
    decided February 9, 2017
   Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, NY 10005 assigned as counsel to the appellant on the appeal herein.

Judge Wilson taking no part.


text:
    The People of the State of New York, Respondent, v Charles K. Wilson, Appellant.
    Submitted December 12, 2016;
    decided February 9, 2017
   Motion for reargument denied [see 28 NY3d 67 (2016)].

Judges Fahey and Wilson taking no part.


text:
    In the Matter of Shauntray T. Eva W., Respondent; Margaret T., Appellant.
    Submitted November 14, 2016;
    decided February 9, 2017
   Motion for leave to appeal dismissed upon the ground that appellant is not a party aggrieved (see CPLR 5511). Motion for poor person relief dismissed as academic.

Judge Wilson taking no part.


text:
    Injah Unique Tafari, Also Known as Richardo Orlando Foust, Appellant, v Vijaykumar Manadalaywala et al., Respondents.
    Submitted December 19, 2016;
    decided February 9, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Judge Wilson taking no part.


text:
    In the Matter of the Claim of Joseph A. Terranova, Jr., Appellant, v Lehr Construction Co. et al., Respondents. Workers’ Compensation Board, Respondent.
    Submitted January 23, 2017;
    decided February 9, 2017
   Motion by New York State Trial Lawyers Associaton for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Judge Wilson taking no part.


text:
    In the Matter of the Claim of Joseph A. Terranova, Jr., Appellant, v Lehr Construction Co. et al., Respondents. Workers’ Compensation Board, Respondent.
    Submitted January 23, 2017;
    decided February 9, 2017
   Motion by Injured Workers’ Bar Association for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and an original and nine copies filed within seven days.

Judge Wilson taking no part.


text:
    In the Matter of World Trade Center Lower Manhattan Disaster Site Litigation. Stanislaw Faltynowicz et al., Appellants, and State of New York, Intervenor-Appellant, v Battery Park City Authority et al., Respondents. Santiago Alvear, Appellant, and State of New York, Intervenor-Appellant, v Battery Park City Authority, Respondent. Peter Curley et al., Appellants, and State of New York, Intervenor-Appellant, v Battery Park City Authority, Respondent.
    Decided February 9, 2017

      See 846 F3d 58.
   Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.27 of the Rules of Practice of the Court of Appeals (22 NYCRR 500.27), accepted and the issues presented are to be considered after briefing and argument.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

Taking no part: Judge Wilson.


text:
    [71 NE3d 939, 49 NYS3d 351]
    The People of the State of New York, Respondent, v Darren Staton, Appellant.
    Decided February 16, 2017
    APPEARANCES OF COUNSEL

      Lynn W.L. Fahey, Appellate Advocates, New York City (Bryan D. Kreykes of counsel), for appellant.

      Richard A. Brown, District Attorney, Kew Gardens (Merri Turk Lasky of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant Darren Staton appeals from an order of the Appellate Division, which affirmed Supreme Court’s judgment and brings up for review denial of defendant’s motion to suppress identification testimony and his subsequent conviction. Defendant argues that the pretrial photo array that led to his arrest was unduly suggestive because he appeared older than the fillers and was the only participant with salt-and-pepper hair. The Appellate Division’s finding that the array was not unduly suggestive is supported by the record, and therefore beyond our further review (People v Holley, 26 NY3d 514, 524 [2015]). Consequently, defendant’s contention that the photo array tainted the lineup after his arrest, to the extent this argument is preserved, is without merit. Additionally, defendant’s argument that he was denied the right to counsel is belied by the record (People v Caban, 5 NY3d 143, 152 [2005]), and he has failed to demonstrate the absence of any strategic or legitimate explanation for counsel’s silence and inaction at sentencing (People v Wright, 25 NY3d 769, 779 [2015]).

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.


text:
    Rasheed Al Rushaid et al., Appellants, v Pictet & Cie et al., Respondents.
    Submitted January 17, 2017;
    decided February 16, 2017
   Motion for reargument denied [see 28 NY3d 316 (2016)].

Judge Wilson taking no part.


text:
    Rasheed Al Rushaid et al., Appellants, v Pictet & Cie et al., Respondents.
    Submitted January 23, 2017;
    decided February 16, 2017
   Motion by Swiss Bankers Association et al. for leave to appear amici curiae on the motion for reargument denied.

Judge Wilson taking no part.


text:
    American Economy Insurance Company et al., Respondents, v State of New York et al., Appellants.
    Submitted February 14, 2017;
    decided February 16, 2017
   Motion by Electrical Employers Self-Insurance Safety Plan for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.


text:
    In the Matter of Joel R. Brandes, a Disbarred Attorney, Appellant.
    Submitted December 12, 2016;
    decided February 16, 2017
   Motion for reargument denied [see 28 NY3d 1041 (2016)].

Judges Rivera and Stein taking no part.


text:
    Michael J. Carlson, Sr., Individually and as Administrator of the Estate of Claudia D’Agostino Carlson, Deceased, and as Assignee of William Porter, Appellant, v American International Group, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017
   Motion by MVP Delivery & Logistics, Inc. for leave to appear amicus curiae on the appeal herein denied.

Judge Fahey taking no part.


text:
    Michael J. Carlson, Sr., Individually and as Administrator of the Estate of Claudia D’Agostino Carlson, Deceased, and as Assignee of William Porter, Appellant, v American International Group, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017
   Motion by New York State Trial Lawyers Association for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Judge Fahey taking no part.


text:
    Lesley Drazek, Appellant, v Vital Transportation, Inc., Respondent.
    Submitted January 9, 2017;
    decided February 16, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1023 (2016)].


text:
    Trathony Griffin et al., Appellants, v Sirva, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017

      See 835 F3d 283.
   Motion by National Association of Professional Background Screeners for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.


text:
    Trathony Griffin et al., Appellants, v Sirva, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017

      See 835 F3d 283.
   Motion by Legal Action Center et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    Trathony Griffin et al., Appellants, v Sirva, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017

      See 835 F3d 283.
   Motion by Consumer Data Industry Association for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.


text:
    Trathony Griffin et al., Appellants, v Sirva, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017

      See 835 F3d 283.
   Motion by American Moving & Storage Association, Inc. for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.


text:
    Trathony Griffin et al., Appellants, v Sirva, Inc., et al., Respondents.
    Submitted February 14, 2017;
    decided February 16, 2017

      See 835 F3d 283.
   Motion by Eric M. Fink et al. for leave to appear amici curiae on consideration of the certified question herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    Rudolf Kats, Doing Business as Columbia Capital Co., Respondent, v Throop and Gates, Inc., Appellant, and Capital L. Holdings, LLC, Intervenor-Respondent, et al., Defendants.
    Submitted December 19, 2016;
    decided February 16, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Nella Manko, Appellant, v Lenox Hill Hospital, Respondent.
    Decided February 16, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution.

Judge Abdus-Salaam taking no part.


text:
    Shelley Mizrahi-Srour, Respondent, v Albert Srour, Appellant.
    Submitted January 3, 2017;
    decided February 16, 2017
   Motion for reargument denied [see 28 NY3d 1051 (2016)]. Motion for poor person relief dismissed as academic.

Judge Wilson taking no part.


text:
    In the Matter of New York City Asbestos Litigation. Laraine Sweberg, Individually and as Executrix of Ivan Sweberg, Deceased, Respondent, v ABB, Inc., et al., Defendants, and Crane Co., Appellant.
    Submitted January 17, 2017;
    decided February 16, 2017
   Reported below, 143 AD3d 483.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (see Whitfield v City of New York, 90 NY2d 777, 780-781 [1997]).


text:
    Nomura Home Equity Loan, Inc., Series 2006-FM2, by HSBC Bank USA, National Association, Solely in its Capacity as Trustee, et al., Respondents, v Nomura Credit & Capital, Inc., Appellant. (Action No. 1.) Nomura Home Equity Loan, Inc., Series 2007-3, by HSBC Bank USA, National Association, Solely in its Capacity as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. (Action No. 2.) Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AF 2, by HSBC Bank USA, National Association, as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. (Action No. 3.) Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2007-2 by HSBC Bank USA, National Association, as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. (Action No. 4.)
    Submitted February 14, 2017;
    decided February 16, 2017
   Reported below, 133 AD3d 96.

Motion by Securities Industry and Financial Markets Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.

Chief Judge DiFiore and Judge Garcia taking no part.


text:
    Nomura Home Equity Loan, Inc., Series 2006-FM2, by HSBC Bank USA, National Association, Solely in its Capacity as Trustee, et al., Respondents, v Nomura Credit & Capital, Inc., Appellant. (Action No. 1.) Nomura Home Equity Loan, Inc., Series 2007-3, by HSBC Bank USA, National Association, Solely in its Capacity as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. (Action No. 2.) Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AF 2, by HSBC Bank USA, National Association, as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. (Action No. 3.) Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2007-2 by HSBC Bank USA, National Association, as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. (Action No. 4.)
    Submitted February 14, 2017;
    decided February 16, 2017
   Reported below, 133 AD3d 96.

Motion by Sand Canyon Corporation for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.

Chief Judge DiFiore and Judge Garcia taking no part.


text:
    In the Matter of Federico Ortiz, Appellant, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.
    Decided February 16, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.


text:
    The People of the State of New York ex rel. Kenneth Grafton, Appellant, v Michael Sposato, Respondent.
    Submitted January 17, 2017;
    decided February 16, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 907 (2016)]. Motion for poor person relief dismissed as academic.

Judge Wilson taking no part.


text:
    Ivana Peraica, as Administratrix for the Estate of Ivo J. Peraica, Deceased, et al., Respondents, v A.O. Smith Water Products Co. et al., Defendants, and Crane Co., Appellant.
    Submitted January 3, 2017;
    decided February 16, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (see Whitfield v City of New York, 90 NY2d 777, 780-781 [1997]).


text:
    In the Matter of Plainview-Old Bethpage Congress of Teachers et al., Respondents, v New York State Health Insurance Plan et al., Appellants, et al., Respondents.
    Decided February 16, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.


text:
    In the Matter of Ricardo T., Jr. Orange County Department of Social Services, Respondent; Ricardo T., Sr., Appellant, et al., Respondent.
    Decided February 16, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.


text:
    In the Matter of Roslyn Teachers Association et al., Respondents, v New York State Health Insurance Plan et al., Appellants, et al., Respondents.
    Decided February 16, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.


text:
    Mohammad Saidin, Appellant, v Sam Negron et al., Respondents.
    Submitted January 3, 2017;
    decided February 16, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1069 (2016)].


text:
    In the Matter of Martin J. Sawma, Appellant, v Thomas P. DiNapoli, as State Comptroller, Respondent.
    Submitted January 9, 2017;
    decided February 16, 2017
   Motion for reconsideration of this Court’s November 17, 2016 dismissal order denied [see 28 NY3d 1053 (2016)].

Judge Wilson taking no part.


text:
    Theaprin Pharmaceuticals, Inc., et al., Appellants, v Joseph D. Conway et al., Respondents.
    Submitted January 9, 2017;
    decided February 16, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 909 (2016)].

Judge Wilson taking no part.


text:
    Theaprin Pharmaceuticals, Inc., et al., Appellants, v Joseph D. Conway et al., Respondents, et al., Defendants.
    Submitted January 9, 2017;
    decided February 16, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 909 (2016)].

Judge Wilson taking no part.


text:
    Sherilyn F. Van Orden, Appellant, v Richard E. Van Orden, Respondent.
    Submitted November 28, 2016;
    decided February 16, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Judge Stein taking no part.


text:
    Eric White et al., Appellants, v Eric T. Schneiderman, New York State Attorney General, in His Official Capacity, et al., Respondents.
    Submitted December 19, 2016;
    decided February 16, 2017
   Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the dismissal of plaintiffs’ motion for a preliminary injunction, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise granted.

Judge Wilson taking no part.


text:
    [71 NE3d 535, 49 NYS3d 44]
    The People of the State of New York, Respondent, v Rafael Then, Appellant.
    Argued January 5, 2017;
    decided February 9, 2017

      APPEARANCES OF COUNSEL

      Lynn W.L. Fahey, Appellate Advocates, New York City (.Patricia Pazner of counsel), and Rafael Then, pro se, for Rafael Then, appellant.

      Richard A. Brown, District Attorney, Kew Gardens (<Joseph N. Ferdenzi, Robert J. Masters, and John M. Castellano of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue on this appeal is whether defendant was denied a fair trial when, for half a day of jury selection, he was compelled to wear orange correctional pants. We hold that defendant was not denied his right to a fair trial because there is no evidence on this record that the correctional pants were visible to the jury.

Defendant was arrested while getting into a vehicle that had been stolen at gunpoint 12 days earlier and charged with first- and second-degree robbery. Before jury selection began, defendant, who was seated in a wheelchair, complained that he did not have his own clothing because he had not been able to contact his family and requested an adjournment from that day, a Thursday, to the following Monday. The trial judge noted that he understood defendant’s concerns and would arrange for clothes to be delivered to the defendant, adjourned the proceedings until after lunch, but denied the request for a four-day adjournment. Following a lunch break, and outside the presence of prospective jurors, the trial court noted

“for the record that the defendant does appear, I observed when he came in he has the orange correctional pants on, however, he appears to be wearing a black knitted top and that the defendant is, I’m going to actually push the chair in a little closer under the table, but he is at the end of a long table that is very wide and separated by one chair and his attorney is on the opposite end of that chair, and this defendant is the furthest away possible from the prospective jurors, from the jurors in the courtroom, and it’s not likely that unless they strained that they would be able to see that he’s wearing orange sweats.
“We’re placing a call into the Department of Corrections so that they make sure that the defendant is wearing civilian clothes tomorrow.”

Defense counsel requested an adjournment to the next day and the judge denied the request. The entire jury panel then entered the courtroom. When the prosecutor asked whether “[ajnybody when they came in here and looked in and the parties were introduced notice [d] something about the defendant,” the only response was from a prospective juror who noted, “He’s in a wheelchair.” The prosecutor assured the panel that defendant’s use of a wheelchair had nothing to do with the case and instructed the jury to put aside that fact. Six jurors were chosen.

The next day, defense counsel repeated his objection to the fact that half the jury was seated while defendant was in “Department of Corrections pants.” The court noted that defendant was “dressed appropriately today.” For the remainder of the trial, defendant wore a suit. After hearing testimony from the victim and the officer who arrested defendant, the jury found defendant guilty of first- and second-degree robbery.

Defendant appealed his conviction and the Appellate Division affirmed, holding that “the fact that the defendant wore prison pants for half a day of jury selection was not an error so egregious as to deprive the defendant of his right to a fair trial” (People v Then, 128 AD3d 864, 865 [2d Dept 2015]). A Judge of this Court granted leave to appeal (25 NY3d 1208 [2015]) and we now affirm.

Under the circumstances described here by the trial judge on the record, there is no merit to defendant’s contention that he was denied a fair trial because he was compelled to appear before the jury in correctional garb. We have previously held that “to require [a defendant] to appear in convict’s attire—a continuing visual communication to the jury—is to deny” the defendant the right to appear “with the dignity and the self-respect of a free and innocent” person (People v Roman, 35 NY2d 978, 979 [1975]), consistent with the Supreme Court’s holding that “the State cannot, consistently with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes” (Estelle v Will iams, 425 US 501, 512 [1976]). These concerns are not implicated here, however, where there is no evidence that defendant’s orange correctional pants were visible to the jury and the clothing that was visible to the jury was clearly not identifiable as correctional garb (cf. People v Harper, 47 NY2d 857, 858 [1979]). Accordingly, the concerns articulated in Estelle and Roman do not apply and the trial judge committed no error in allowing jury selection to proceed that day. Because we find no error here, we do not address whether harmless error analysis applies when a defendant is compelled to stand trial before a jury dressed in identifiable prison clothes.

Defendant’s remaining contention is unpreserved for our review.

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Judge Wilson taking no part.

Order affirmed, in a memorandum.


text:
    [71 NE3d 940, 49 NYS3d 352]
    The People of the State of New York, Respondent, v Fernando Maldonado, Appellant.
    Argued January 11, 2017;
    decided February 16, 2017

      APPEARANCES OF COUNSEL

      White & Case LLP, New York City (Louis O’Neill, Isaac Glassman, Eric Majchrzak and Romain Zamour of counsel), and Seymour W. James, Jr., The Legal Aid Society, New York City (David Crow and Andrew Fine of counsel), for appellant.

      Eric Gonzalez, Acting District Attorney, Brooklyn (Solomon Neubort, Leonard Joblove and Victor P. Barall of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of grand larceny in the first degree (Penal Law § 155.42); attempted grand larceny in the first degree (Penal Law §§ 110.00, 155.42); and criminal possession of a forged instrument in the second degree (Penal Law § 170.25).

Defendant appealed, arguing, among other things, that the evidence was legally insufficient to support his conviction on each count and that he was denied effective assistance of counsel. The Appellate Division unanimously affirmed defendant’s convictions (People v Maldonado, 119 AD3d 610 [2d Dept 2014]).

We agree with the Appellate Division that, to the extent preserved, defendant’s legal sufficiency challenges to this trial record lack merit. However, we hold that counsel’s overall performance fell below the “meaningful representation” standard and defendant is entitled to a new trial (see People v Berroa, 99 NY2d 134 [2002]; see also People v Baldi, 54 NY2d 137, 147 [1981]).

Chief Judge DiFiore and Judges Abdus-Salaam, Stein, Fa-hey and Garcia concur; Judge Rivera concurs in the result; Judge Wilson taking no part.

Order reversed and a new trial ordered, in a memorandum.


text:
    [71 NE3d 591, 49 NYS3d 97]
    In the Matter of County of Broome, Respondent, v Nirav R. Shah, as Commissioner of Health, et al., Appellants.
    Decided February 16, 2017

      APPEARANCES OF COUNSEL

      Eric T Schheiderman, Attorney General, Albany (Victor Pal-adino, Barbara D. Underwood and Andrew D. Bing of counsel), for appellants.
    Respondent precluded.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, petition dismissed in its entirety, and a declaration made in favor of respondents Nirav R. Shah, as Commissioner of Health, et al. that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional (see Matter of County of Chemung v Shah, 28 NY3d 244 [2016]).

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Garcia and Wilson. Taking no part: Judges Stein and Fahey.


text:
    Anthony Bottom, Appellant, v State of New York, Respondent.
    (Claim No. 121214.)
    Submitted December 19, 2016;
    decided February 14, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for poor person relief dismissed as academic.

Judge Wilson taking no part.