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For October 25, 2024 through October 31, 2024, the following preliminary appeal statements were filed:

PEOPLE v CLARK (CADARRELL D.) (230 AD3d 153):
APL-2024-00128 4th Dept. App. Div. order of 7/3/24; affirmance; leave to appeal granted by Nowack, J., 9/17/24; Crimes—Verdict—Whether conviction for robbery was against the weight of the evidence; Supreme Court, Monroe County, convicted defendant upon a jury verdict of robbery in the first degree (two counts) and robbery in the second degree (two counts); App. Div. affirmed.

PEOPLE ex rel. ELLIS v IMPERATI (226 AD3d 1069):
APL-2024-00140 2nd Dept. App. Div. judgment of 4/26/24; Writ of Habeas Corpus; leave to appeal granted by the Court of Appeals, 10/17/24; Bail—Recognizance—Whether the crime of making a terroristic threat (see Penal Law § 490.20) is a bail qualifying offense under CPLR 510.10 (4); App. Div., with one Justice dissenting, inter alia, sustained the writ and directed that Michael Cavagnolo be released upon his own recognizance on certain conditions.

PEOPLE v SAMUEL SHAW (229 AD3d 1180):
APL-2024-00129 4th Dept. App. Div. order of 7/26/24; modification; leave to appeal granted by Ogden, J., 9/16/24; Crimes—Unlawful Search and Seizure—Whether law enforcement's use of coercive means to order a suspect out of a house in order to conduct a warrantless arrest constitutes a Payton violation; whether the tenant's consent to search the house following her warrantless arrest was involuntary and, even if voluntary, was not attenuated from the alleged Fourth Amendment violation of seizing the occupants of the home; whether the evidence seized should have been suppressed; County Court, Monroe County, convicted defendant upon a jury verdict of murder in the first degree (two counts), murder in the second degree (two counts), attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree (three counts); App. Div., with one Justice dissenting, modified by reversing those parts convicting defendant of murder in the second degree under counts 3 and 4 of the indictment and dismissing those counts and by directing that the sentences imposed on counts 7 and 8 run concurrently with the sentences imposed on counts 1, 2, 5 and 6, and as so modified, affirmed.