Criminal Law Library Blog

December 21, 2009.

Update from the Lexis Alert Service,

1. People v Hayes, 1802, 4897/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9399; 2009 N.Y. App. Div. LEXIS 9207, December 17, 2009, Decided, December 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

2. People v Marcellin, 1804, 9043/98, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9401; 2009 N.Y. App. Div. LEXIS 9209, December 17, 2009, Decided, December 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Jeffrey M. Atlas, ...

3. People v Garcia, 1819, 5122/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9376; 2009 N.Y. App. Div. LEXIS 9194, December 17, 2009, Decided, December 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

4. People v Cordisco, 1825, 4108/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9382; 2009 N.Y. App. Div. LEXIS 9185, December 17, 2009, Decided, December 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

...

Continue reading "New York Appellate Criminal Cases Originating from the New York Supreme Court NY County" »

December 14, 2009.

Update from the Lexis Alert Service,

1. People v Padilla, 1712, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9144; 2009 N.Y. App. Div. LEXIS 8976, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Ronald Zweibel, J.), ...

2. People v Perkins, 1716, 3963/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9146; 2009 N.Y. App. Div. LEXIS 8966, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

3. People v Shaw, 1730, 7741/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9157; 2009 N.Y. App. Div. LEXIS 8981, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

4. People v Thomas, 1740, 1734/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9163; 2009 N.Y. App. Div. LEXIS 8984, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), ...

5. People v Henry, 1741, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9164; 2009 N.Y. App. Div. LEXIS 8987, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Renee A. White, ...

A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust

Beard v. Kindler, No. 08-992 (U.S. Dec. 8, 2009)

"The Court decided a capital habeas matter involving whether Pennsylvania's fugitive forfeiture rule provided an adequate basis to bar federal habeas review of petitioner's claims, grant of habeas petition is vacated and remanded where a state procedural rule is not automatically "inadequate" under the adequate state ground doctrine (and therefore unenforceable on federal habeas review) because the state rule was discretionary rather than mandatory).

The respondent, Kindler was convicted of capital murder in Pennsylvania. The jury recommended the death sentence. Kindler subsequently filed post verdict motions but before the trial court could consider the motions he escaped and fled to Canada. He was picked up in Canada, escaped again and was eventually caught and now back in custody. During the time he was escaping the court dismissed the motions. Once back in prison Kindler moved to reinstate the motions which the trial court denied.

Kindler argued on direct appeal that the trial court erred in declining to address the merits of his post verdict motions, but the Pennsylvania Supreme Court affirmed. Kindler’s claims were rejected on state habeas, and he sought federal habeas relief. Under the adequate state ground doctrine, a federal habeas court will not review a claim rejected by a state court “if the decision of [the state] court rests on a state law ground that is independent of the federal question and adequate to support the judgment.” Coleman v. Thompson, 501 U. S. 722, 729. The District Court nonetheless granted Kindler’s habeas petition, determining that the state fugitive forfeiture rule did not provide an adequate basis to bar federal review of Kindler’s habeas claims. The Third Circuit affirmed, and the Commonwealth petitioned for certiorari.

Held: A state procedural rule is not automatically “inadequate” under the adequate state ground doctrine—and therefore unenforceable on federal habeas review—because the state rule is discretionary rather than mandatory. The question whether a state procedural ruling is adequate is itself a question of federal law. Given the federalism and comity concerns motivating the adequate state ground doctrine in the habeas context, see Coleman, supra, at 730, this Court should not disregard discretionary state procedural rules that are in place in nearly every State and are substantially similar to those given full force in federal courts. Cf. Francis v. Henderson, 425 U. S. 536, 541–542. Pp. 7–9."

http://www.supremecourtus.gov/opinions/09pdf/08-992.pdf

December 7, 2009.

Update from the Lexis Alert Service,

1. People v Basbus, 1649, 2759/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8964; 2009 N.Y. App. Div. LEXIS 8782, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Roger S. Hayes, ...

2. People v McAlpin, 187, 5214/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8957; 2009 N.Y. App. Div. LEXIS 8770, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

3. People v Brown, 1642, 1566/06, 5155/06, 5903/06, 5995/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8959; 2009 N.Y. App. Div. LEXIS 8789, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Richard Carruthers, J.), ...

4. People v Watson, 1627, 3735/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8947; 2009 N.Y. App. Div. LEXIS 8768, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), ...

5. People v Hecker, 1639, 5770/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8955; 2009 N.Y. App. Div. LEXIS 8797, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (A. Kirke Bartley, ...

6. People v Boulware, 1657, 4523/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8972; 2009 N.Y. App. Div. LEXIS 8769, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Robert Stolz, J.), ...

7. People v Koonce, 1629-2579/04, 1629A, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8948; 2009 N.Y. App. Div. LEXIS 8766, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

8. People v Carvajal, 1651, 2185/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8966; 2009 N.Y. App. Div. LEXIS 8791, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

9. People v Barnes, 1656, 3299/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8971; 2009 N.Y. App. Div. LEXIS 8784, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Eduardo Padro, J.), ...

10. People v Capers, 1636, 2862/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8953; 2009 N.Y. App. Div. LEXIS 8780, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, ...

11. People v Stanley, 1624, 504/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8944; 2009 N.Y. App. Div. LEXIS 8764, December 3, 2009, Decided, December 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bruce Allen, J. ...

12. People v Argentieri, 1248, 1249, 4081/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7495; 887 N.Y.S.2d 568; 2009 N.Y. App. Div. LEXIS 7352, October 22, 2009, Decided, October 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J.), ...

November 26, 2009.

Update from the Lexis Alert Service,

1. People v Johnson, 1541, 1748/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8682; 2009 N.Y. App. Div. LEXIS 8510, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment of resentence, Supreme Court, New York County (Marcy L. Kahn, ...

2. People v Carter, 1557, 1557A, 1174/00, 5667/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8689; 2009 N.Y. App. Div. LEXIS 8518, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgments, Supreme Court, New York County (Michael A. Corriero, ...

3. People v Perez, 1556, 7034/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8688; 2009 N.Y. App. Div. LEXIS 8515, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

4. People v Tanner, 1569, 1570, 444/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8696; 2009 N.Y. App. Div. LEXIS 8521, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

5. People v Harris, 1578, 4783/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8701; 2009 N.Y. App. Div. LEXIS 8530, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, ...

6. People v Fisher, 355/05, 81, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8704; 2009 N.Y. App. Div. LEXIS 8531, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appeals from a judgment of the Supreme Court, New York County (Budd G. Goodman, ...
... coercion. Accordingly, the judgment of the Supreme Court, New York County (Budd G. Goodman, ...
... was hardly Draconian. Judgment, Supreme Court, New York County (Budd G. Goodman, ...

7. People v Montes, 534, 3418/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8680; 2009 N.Y. App. Div. LEXIS 8535, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edwin Torres, J.), ...

8. People v Pearson, 1549, 2835/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8686; 2009 N.Y. App. Div. LEXIS 8511, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

9. People v. Banks, 1149, 6248/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7308; 887 N.Y.S.2d 41; 2009 N.Y. App. Div. LEXIS 7185, October 13, 2009, Decided, October 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

10. People v Pacheco, 1136, 6695/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7196; 887 N.Y.S.2d 19; 2009 N.Y. App. Div. LEXIS 6987, October 8, 2009, Decided, October 8, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Robert H. Straus, ...

11. People v Sene, 1120, 1121, 2850/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7160; 887 N.Y.S.2d 8; 2009 N.Y. App. Div. LEXIS 6973, October 6, 2009, Decided, October 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (A. Kirke Bartley, ...

November 18-19, 2009.

Update from the Lexis Alert Service,

1. People v Castillo, 1331, 3751/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7760; 886 N.Y.S.2d 805; 2009 N.Y. App. Div. LEXIS 7589, October 29, 2009, Decided, October 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

2. People v Lewis, 1338, 1686/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7766; 886 N.Y.S.2d 803; 2009 N.Y. App. Div. LEXIS 7599, October 29, 2009, Decided, October 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), ...

3. People v Anderson, 1072, 3856/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6725; 65 A.D.3d 973; 885 N.Y.S.2d 415; 2009 N.Y. App. Div. LEXIS 6573, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Thomas Farber, J.), ...

4. People v Haidara, 1074, 4709/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6726; 65 A.D.3d 974; 885 N.Y.S.2d 415; 2009 N.Y. App. Div. LEXIS 6587, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, ...

5. People v Rawls, 1079, 638/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6731; 65 A.D.3d 978; 885 N.Y.S.2d 417; 2009 N.Y. App. Div. LEXIS 6584, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

6. People v Cartwright, 1070, 188/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6724; 65 A.D.3d 973; 885 N.Y.S.2d 414; 2009 N.Y. App. Div. LEXIS 6588, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ronald A. Zweibel, ...

7. People v Sierra, 1064, 5958/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6719; 65 A.D.3d 968; 885 N.Y.S.2d 495; 2009 N.Y. App. Div. LEXIS 6585, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), ...

8. People v Guillen, 1078, 2881/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6730; 65 A.D.3d 977; 886 N.Y.S.2d 373; 2009 N.Y. App. Div. LEXIS 6578, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J.), ...

9. People v Johnson, 1076, 2486/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6728; 65 A.D.3d 975; 886 N.Y.S.2d 375; 2009 N.Y. App. Div. LEXIS 6592, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

10. People v Loyd, 1081, 1625/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6732; 65 A.D.3d 979; 886 N.Y.S.2d 63; 2009 N.Y. App. Div. LEXIS 6594, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Bonnie G. Wittner, ...

11. People v Wilson, 929, 5633/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6717; 65 A.D.3d 956; 886 N.Y.S.2d 17; 2009 N.Y. App. Div. LEXIS 6579, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Appeal from judgment, Supreme Court, New York County (Rena K. Uviller, ...

12. People v. Sprinkler, 1476, 3261/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8456; 2009 N.Y. App. Div. LEXIS 8306, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), ...

13. People v Lantigue, 1480, 1481, 11732/95, 4996/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8459; 2009 N.Y. App. Div. LEXIS 8315, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki Scherer, J.), ...

14. People v Sanchez, 1477, 5226/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8457; 2009 N.Y. App. Div. LEXIS 8305, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J.), ...

15. People v Thompson, 1474, 6507/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8455; 2009 N.Y. App. Div. LEXIS 8304, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Marcy L. Kahn, ...

16. People v. Brown, 1486, 3986/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8462; 2009 N.Y. App. Div. LEXIS 8311, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bonnie G. Wittner, ...

November 12, 2009.

Update from the Lexis Alert Service,

1. People v. Johnson, 9973, 1634/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8052; 2009 N.Y. App. Div. LEXIS 7904, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ronald A. Zweibel, ...

2. People v Brunner, 1387, 5545/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8054; 2009 N.Y. App. Div. LEXIS 7902, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

3. People v Marks, 1411, 3459/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8070; 2009 N.Y. App. Div. LEXIS 7916, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bruce Allen, J.), ...

4. People v Shepard, 1029, 5496/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8051; 2009 N.Y. App. Div. LEXIS 7901, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

5. People v Pinero-Baez, 1396, 887/08, 1397, 83/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8060; 2009 N.Y. App. Div. LEXIS 7907, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

6. People v Hopkins, 1400, 316/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8062; 2009 N.Y. App. Div. LEXIS 7933, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Eduardo Padro, J.), ...

7. People v Quan Hong Ye, 1404, 2968/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8064; 2009 N.Y. App. Div. LEXIS 7911, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (John A.K. Bradley, ...

8. People v Vanderpul, 1406, 6369/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8066; 2009 N.Y. App. Div. LEXIS 7920, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Michael R. Ambrecht, ...

9. People v Mornix, 1413, 592N/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8072; 2009 N.Y. App. Div. LEXIS 7924, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Robert M. Stolz, ...

10. People v Chauncy, 1422, 1775/07, 5496/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8079; 2009 N.Y. App. Div. LEXIS 7928, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (James A. Yates, ...

11. People v. Nestingen, 1421, 2154/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8078; 2009 N.Y. App. Div. LEXIS 7929, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Bonnie Wittner, J.), ...

12. People v. Fulton, 1425 1101/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8081; 2009 N.Y. App. Div. LEXIS 7931, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...