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For October 12, 2012 through October 18, 2012, the following preliminary appeal statements were filed:

ASARO (PATRICK A.), PEOPLE v (94 AD3d 773):
2nd Dept. App. Div. order of 4/3/12; affirmance; leave to appeal granted by Pigott, J., 10/2/12; CRIMES - MANSLAUGHTER IN THE SECOND DEGREE AND RECKLESS ASSAULT - SUFFICIENCY OF EVIDENCE OF RECKLESSNESS WHERE DEFENDANT, WHO WAS TRAVELING AT A HIGH RATE OF SPEED WHEN HE CRASHED INTO ANOTHER CAR, WAS FOUND NOT GUILTY OF DRIVING WHILE ABILITY IMPAIRED - REPUGNANCY OF VERDICT ACQUITTING DEFENDANT OF DRIVING WHILE ABILITY IMPAIRED BUT CONVICTING HIM OF MANSLAUGHTER IN THE SECOND DEGREE; WITNESSES - EXPERT WITNESS - WHETHER SUPREME COURT ERRED IN ALLOWING PEOPLE'S EXPERT ACCIDENT RECONSTRUCTIONIST TO TESTIFY TO ULTIMATE CONCLUSIONS WHERE HE HAD LOST HIS ORIGINAL NOTES CONTAINING COMPUTATIONS HE USED TO DETERMINE THE SPEED OF THE VEHICLES INVOLVED IN THE ACCIDENT - ALLEGED VIOLATION OF DEFENDANT'S RIGHT OF CONFRONTATION; ALLEGED PROSECUTORIAL MISCONDUCT; Orange County Court, convicted defendant of manslaughter in the second degree, four counts of assault in the second degree, two counts of assault in the third degree, reckless endangerment, and reckless driving, upon a jury verdict, and imposed sentence; App. Div. affirmed.

BIOTRONIK A.G. v CONOR MEDSYSTEMS IRELAND, LTD. (95 AD3d 724):
1st Dept. App. Div. order of 5/29/12; affirmance; leave to appeal granted by App. Div., 9/25/12; Rule 500.11 review pending; CONTRACTS - BREACH OR PERFORMANCE OF CONTRACT - DAMAGES - LOST RESALE PROFITS - DISTRIBUTION AGREEMENT; Supreme Court, New York County dismissed the complaint; App. Div. affirmed.

CORNELL v 360 WEST 51ST STREET REALTY, LLC (95 AD3d 50):
1st Dept. App. Div. order of 3/6/12; modification with dissents; leave to appeal granted by App. Div., 10/2/12; WITNESSES - EXPERT WITNESS - TENANT'S CLAIM OF INJURY ARISING OUT OF EXPOSURE TO TOXIC MOLD - SCIENTIFIC RELIABILITY OF EXPERT PROOF; WHETHER PLAINTIFF'S PROOF ESTABLISHED A CAUSAL RELATIONSHIP; Supreme Court, New York County, among other things, granted the motion of defendants 360 West 51st Street Corp. and Geoffrey Shotwell for summary judgment dismissing the complaint as against them; App. Div. modified by reinstating the complaint as against defendant 360 West 51st Street Corp., and otherwise affirmed.

FERGUSON v ROCHESTER CITY SCHOOL DISTRICT (99 AD3d 1184):
4th Dept. App. Div. order of 10/5/12; reversal with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether the two justice dissent is on a question of law; TRIAL - VERDICT - SETTING VERDICT ASIDE - WHETHER THE APPELLATE DIVISION ERRED IN SETTING VERDICT ASIDE AS AGAINST THE WEIGHT OF THE EVIDENCE; Supreme Court, Monroe County denied plaintiff's CPLR 4404(a) motion to set aside a jury verdict and grant judgment in her favor or a new trial and, thereafter, entered judgment in defendant's favor; App. Div. reversed the judgment, granted plaintiff's post-trial motion to set aside the verdict as against the weight of the evidence, reinstated the complaint and granted a new trial.

GALETTA v GALETTA (96 AD3d 1565):
4th Dept. App. Div. order of 6/15/12; affirmance with dissents; leave to appeal granted by App. Div., 9/28/12; MARRIAGE - PRENUPTIAL AGREEMENT - VALIDITY - WHETHER A DEFECTIVE CERTIFICATE OF ACKNOWLEDGMENT MAY BE CURED BY A SUBSEQUENT AFFIDAVIT; Supreme Court, Monroe County, among other things, denied plaintiff's motion for summary judgment; App. Div. affirmed.

GUAMAN (LUIS), PEOPLE v (36 Misc 3d 128(A)):
App. Term, 1st Dept. order of 6/27/12; affirmance; leave to appeal granted by Ciparick, J., 10/4/12; Rule 500.11 review pending; CRIMES - INFORMATION - FORCIBLE TOUCHING - PENAL LAW § 130.52 - WHETHER ACCUSATORY INSTRUMENT WAS FACIALLY INSUFFICIENT FOR FAILING TO ALLEGE THE ELEMENT OF "FORCE" WHERE DEFENDANT "RUBBED AGAINST" THE COMPLAINANT SUBWAY RIDER; Criminal Court of the City of New York convicted defendant, upon his guilty plea, of forcible touching, and imposed sentence; App. Div. affirmed.

HARRIS (JOSEPH), PEOPLE v (96 AD3d 502):
1st Dept. App. Div. order of 6/12/12; affirmance; leave to appeal granted by Graffeo, J., 9/28/12; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER THE TRIAL COURT ERRED IN IMPOSING CONSECUTIVE SENTENCES FOR THE CONVICTIONS OF ATTEMPTED MURDER IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE; Supreme Court, New York County convicted defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree and two counts of criminal possession of a weapon in the second degree, and sentenced him, as a persistent violent felony offender, to an aggregate term of 45 years to life; App. Div. affirmed.

HERNANDEZ (FELIX), PEOPLE v (98 AD3d 449):
1st Dept. App. Div. order of 8/21/12; affirmance with dissents; leave to appeal granted by Freedman, J., 10/2/12; CRIMES - PLEA OF GUILTY - WITHDRAWAL OF PLEA - ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL WHO PURPORTEDLY FAILED TO DISCUSS THE IMMIGRATION CONSEQUENCES (DEPORTATION) OF GUILTY PLEA; Supreme Court, New York County convicted defendant, upon his guilty plea, of sexual abuse in the first degree, and sentenced him, as a second violent felony offender, to a term of five years; thereafter, the same court denied defendant's CPL 440.10 motion to vacate the judgment of conviction; App. Div. affirmed.

REED (LANCE J.), PEOPLE v (97 AD3d 1142):
4th Dept. App. Div. order of 7/6/12; affirmance with dissents; leave to appeal granted by Martoche, J., 10/2/12; CRIMES - EVIDENCE - SUFFICIENCY OF EVIDENCE - FELONY MURDER AND ROBBERY - IDENTIFICATION OF SUPERMARKET BAG RECOVERED FROM CAR FLEEING SCENE OF CRIME; CIRCUMSTANTIAL EVIDENCE; Monroe County Court convicted defendant, upon a jury verdict, of murder in the second degree and two counts of robbery in the first degree; App. Div. affirmed.

RHODES (BRENDAN J.), PEOPLE v (91 AD3d 1280):
4th Dept. App. Div. order of 1/31/12; modification; leave to appeal granted by Pigott, J., 9/27/11; Rule 500.11 review pending; CRIMES - FACTUAL SUFFICIENCY OF THE PLEA ALLOCUTION - WHETHER GUILTY PLEA WAS KNOWING, VOLUNTARY AND INTELLIGENT; Allegany County Court judgment convicted defendant, upon his guilty plea, of robbery in the first degree; App. Div. modified by vacating the sentence, affirmed the judgment as modified and remitted to Allegany County Court.

SANDIFORD v CITY OF NEW YORK DEPARTMENT OF EDUCATION (94 AD3d 593):
1st Dept. App. Div. order of 4/24/12; modification with dissents; leave to appeal granted by App. Div., 10/4/12; CIVIL RIGHTS - DISCRIMINATION BASED ON SEXUAL ORIENTATION - RETALIATION - TERMINATION OF SCHOOL AIDE; "PRETEXT" FOR TERMINATION - BURDEN OF PROOF; SUMMARY JUDGMENT; COLLATERAL ESTOPPEL BASED ON UNION GRIEVANCE RESULT; Supreme Court, New York County, insofar as appealed from, granted defendants' motion for summary judgment insofar as it sought dismissal of plaintiff's retaliation claim under the New York City and New York State Human Rights Laws and denied the motion insofar as it sought dismissal of her discrimination claims; App. Div. modified by denying the motion as to plaintiff's retaliation claim, and otherwise affirmed.

SOTO v J. CREW, INC. (95 AD3d 721):
1st Dept. App. Div. order of 5/29/12; affirmance; leave to appeal granted by App. Div., 10/2/12; LABOR - SAFE PLACE TO WORK - ROUTINE MAINTENANCE - CLEANING - EMPLOYEE OF COMMERCIAL CLEANING COMPANY INJURED WHEN HE FELL OFF AN A-FRAME LADDER WHILE DUSTING THE TOP OF A SHELF - WHETHER THE ACTIVITY THE INJURED PLAINTIFF WAS ENGAGED IN WAS THE TYPE OF ACTIVITY PROTECTED BY LABOR LAW § 240(1); Supreme Court, New York County granted defendants' motions for summary judgment dismissing the complaint, and denied plaintiff's cross motion for summary judgment on the issue of liability on his Labor Law § 240(1) cause of action; App. Div. affirmed.

WELLS (CARL D.), PEOPLE v (95 AD3d 696):
1st Dept. App. Div. order of 5/24/12; affirmance; leave to appeal granted by Graffeo, J., 10/5/12; CRIMES - UNLAWFUL SEARCH AND SEIZURE - INVENTORY SEARCH - DEFENDANT PLEADED GUILTY AFTER SUPREME COURT DENIED HIS MOTION TO SUPPRESS PHYSICAL EVIDENCE RECOVERED FROM THE CAR HE WAS DRIVING UPON THE GROUND THAT THE POLICE HAD CONDUCTED A PROPER INVENTORY SEARCH - WHETHER THE APPELLATE DIVISION ERRED WHERE, AFTER CONCLUDING THAT SUPREME COURT IMPROPERLY RELIED UPON THE INVENTORY SEARCH DOCTRINE IN DENYING DEFENDANT'S MOTION TO SUPPRESS PHYSICAL EVIDENCE, IT UPHELD THE CONVICTION ON HARMLESS ERROR GROUNDS WHILE ACKNOWLEDGING THAT THE HARMLESS ERROR RULE REGARDING SUPPRESSION ISSUES DOES NOT NORMALLY APPLY TO CASES WHERE A DEFENDANT PLEADS GUILTY; Supreme Court, Bronx County convicted defendant, upon his guilty plea, of operating a motor vehicle while ability impaired by drugs and of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, and sentenced him to a term of imprisonment of six months; App. Div. affirmed.

WISDOM (SIDNEY), PEOPLE v (98 AD3d 241):
2nd Dept. App. Div. order of 7/11/12; reversal; leave to appeal granted by Graffeo, J., 10/5/12; GRAND JURY - DEFECTIVE PROCEEDING - FAILURE TO ADMINISTER TESTIMONIAL OATH TO WITNESS BEFORE TESTIFYING TO GRAND JURY - WHETHER A TESTIMONIAL OATH IS EFFECTIVE IF ADMINISTERED AFTER A WITNESS TESTIFIES AND, IF NOT, WHETHER SUCH A DEFECT WARRANTS DISMISSAL OF AN INDICTMENT; MOTIONS AND ORDERS - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION AS A MATTER OF LAW BY PERMITTING DEFENDANT TO FILE A MOTION TO DISMISS THE INDICTMENT AFTER THE TRIAL BEGAN BASED UPON THE TIMING OF THE ADMINISTRATION OF THE OATH TO THE GRAND JURY WITNESS; WHETHER DEFENDANT'S CONVICTION ON LEGALLY SUFFICIENT TRIAL EVIDENCE PRECLUDES REVIEW ON APPEAL OF HIS CHALLENGE TO THE ALLEGEDLY DEFECTIVE GRAND JURY PROCEEDING - CPL 210.30(6); Supreme Court, Kings County convicted defendant of two counts of attempted murder in the second degree, burglary in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposed sentence; App. Div. reversed, granted defendant's motion to dismiss the indictment pursuant to CPL 210.20(1)(c) and 210.35(5), dismissed the indictment, with leave to resubmit the charges to another grand jury, and remitted the matter to Supreme Court, Kings County, to immediately cause the defendant to be brought before it forthwith, at which time that court shall issue a securing order in accordance with the provisions of CPL 210.45(9).

For October 19, 2012 through October 25, 2012, the following preliminary appeal statements were filed:

G & C TRANSPORTATION, INC., MATTER OF v McGRANE (97 AD3d 817):
2nd Dept. App. Div. order of 7/25/12; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - CPLR ARTICLE 78 PROCEEDING TO REVIEW DETERMINATION OF CITY COUNCIL OF CITY OF NEWBURGH ADOPTING CITY OF NEWBURGH ORDINANCE NO. 3-2008 REGULATING TAXICABS; ACTION FOR JUDGMENT DECLARING ORDINANCE NO. 3-2008 OF CHAPTER 272 OF THE CITY OF NEWBURGH CODE OF ORDINANCES UNCONSTITUTIONAL; Supreme Court, Orange County denied petitioners/plaintiffs' motion for summary judgment, granted respondents/defendants' cross motion for summary judgment, and declared that Chapter 272 of the City of Newburgh Code of Ordinances, as amended by City of Newburgh Ordinance No. 11- 2010, is valid, constitutional and enforceable; App. Div. affirmed.

RODRIGUEZ (JOSE), PEOPLE v (96 AD3d 1079):
2nd Dept. App. Div. order of 6/27/12; affirmance; leave to appeal granted by Ciparick, J., 10/4/12; Rule 500.11 review pending; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER, UPON VACATING DEFENDANT'S ORIGINAL SENTENCE, SUPREME COURT HAD THE AUTHORITY TO RUN HIS NEW DETERMINATE PRISON TERMS CONCURRENTLY, DESPITE THAT ONE OF THE THREE ORIGINAL PRISON TERMS WAS TO RUN CONSECUTIVELY TO THE FIRST TWO; Supreme Court, Kings County resentenced defendant to, among other things, three determinate terms of imprisonment of 15 years upon his convictions of three counts of criminal sale of a controlled substance in the first degree, with two of those terms of imprisonment to run concurrently with each other and the third term of imprisonment to run consecutively to the first two; App. Div. affirmed.

SANTIAGO, JR. (CARLOS), PEOPLE v (96 AD3d 1495):
4th Dept. App. Div. order of 6/8/12; modification; leave to appeal granted by Pigott, J., 10/3/12; CRIMES - SENTENCE - SECOND FELONY OFFENDER - USE OF OUT-OF-STATE CONVICTION AS A PREDICATE FELONY - DEFENDANT CONVICTED WHEN HE WAS 15 YEARS OLD OF MURDER IN THE THIRD DEGREE UNDER PENNSYLVANIA STATUTE; Monroe County Court convicted defendant, upon a jury verdict, of two counts of sexual abuse in the first degree and unlawful imprisonment in the second degree; App. Div. modified by reversing that part convicting defendant of sexual abuse in the first degree under the fourth count of the indictment and dismissing that count of the indictment.

TYRELL (CAVELL CRAIG), PEOPLE v (37 Misc 3d 16) (APPEAL NO. 1.):
App. Term, 1st Dept. order of 7/16/12; affirmance; leave to appeal granted by Graffeo, J., 10/4/12; CRIMES - PLEA OF GUILTY - WHETHER DEFENDANT WAS REQUIRED TO PRESERVE FOR APPELLATE REVIEW HIS CHALLENGE TO THE GUILTY PLEA - WHETHER PLEA COURT ERRED IN ACCEPTING DEFENDANT'S GUILTY PLEA TO A MISDEMEANOR CHARGE IN THE ABSENCE OF A FACTUAL ALLOCUTION BY OR OTHER COLLOQUY WITH THE DEFENDANT - WHETHER PLEA WAS KNOWING, INTELLIGENT AND VOLUNTARY ABSENT A FACTUAL ALLOCUTION AND WHERE DEFENDANT WAS NEVER ADVISED OF HIS CONSTITUTIONAL RIGHTS BEFORE HIS COUNSEL INFORMED THE COURT THAT DEFENDANT HAD AUTHORIZED HIM TO ENTER A GUILTY PLEA TO CRIMINAL POSSESSION OF MARIJUANA IN THE FIFTH DEGREE; Criminal Court of the City of New York, New York County convicted defendant, upon his guilty plea, of criminal possession of marijuana in the fifth degree; App. Term affirmed.

TYRELL (CAVELL CRAIG), PEOPLE v (36 Misc 3d 133[A]) (APPEAL NO. 2.):
App. Term, 1st Dept. order of 7/16/12; affirmance; leave to appeal granted by Graffeo, J., 10/4/12; CRIMES - PLEA OF GUILTY - WHETHER DEFENDANT WAS REQUIRED TO PRESERVE FOR APPELLATE REVIEW HIS CHALLENGE TO THE GUILTY PLEA - WHETHER THE GUILTY PLEA WAS VOLUNTARY, KNOWING AND INTELLIGENT WHERE DEFENDANT ALLEGEDLY WAS NEVER INFORMED OF HIS CONSTITUTIONAL RIGHTS BEFORE THE COURT ACCEPTED THE GUILTY PLEA; Criminal Court of the City of New York, New York County convicted defendant, upon his guilty plea, of criminal sale of marijuana in the fourth degree, and imposed sentence; App. Term affirmed.