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For October 28, 2022 through November 3, 2022, the following preliminary appeal statements were filed:

LEMIEUX v HORN (209 AD3d 1100):
3rd Dept. App. Div. order of 10/13/22; affirmance; Rule 500.11 review pending; Insurance--No-Fault Automobile Insurance--Whether summary judgment was properly granted in favor of defendants for lack of a serious injury sustained by plaintiff attributable to the motor vehicle accident; Supreme Court, Broome County, among other things, granted defendants' cross motion for summary judgment dismissing the complaint; Supreme Court, Broome County, upon reargument, adhered to prior decision; App. Div. affirmed, with two Justices dissenting.

PEOPLE v MUHAMMAD (HANZA) (206 AD3d 1580):
4th Dept. App. Div. order of 6/3/22; affirmance; leave to appeal granted by Rivera, J., 10/5/22; Crimes--Right to a Public Trial--Whether defendant was denied right to a public trial when court officers prevented spectators from entering courtroom for testimony of key witness; court had a standing policy preventing anyone from entering or exiting courtroom during testimony; whether trial counsel's failure to object to standing policy constituted ineffective assistance of counsel; Crimes--Right to Counsel--Effective Representation--Whether defense counsel was ineffective for failing to impeach identification witness with prior statement; Crimes--Sentence-- Whether consecutive sentencing was appropriate; County Court, Onondaga County, convicted defendant of murder in the second degree and criminal possession of a weapon in the second degree, App. Div. affirmed.

PEOPLE v RIVERA (JOSE M.) (202 AD3d 1480):
4th Dept. App. Div. order of 2/4/22; affirmance; leave to appeal granted by Wilson, J., 10/13/22; Crimes-Possession of Weapon--Whether the courts below erred in concluding that defendant was ineligible to be adjudicated as a youthful offender; whether defendant's conviction under Penal Law § 265.03(3), which criminalizes the possession of a firearm in public places, is unconstitutional under New York State Rifle & Pistol Assoc. v Bruen (597 US —, 142 S Ct 2111 [2022]); Supreme Court, Monroe County, resentenced defendant upon his conviction of criminal possession of a weapon in the second degree; App. Div. affirmed.

PEOPLE v SIDBURY (STEVEN) (206 AD3d 413):
1st Dept. App. Div. order of 6/2/22; modification; leave to appeal granted by Rivera, J., 10/20/22; Crimes--Arson--Whether the verdict was based on legally sufficient evidence; defendant set fire to a cuffing port in the door of his jail cell; Whether defendant's notice of intent to introduce expert psychiatric testimony under CPL 250.10 was insufficient; whether counsel was ineffective for failing to request a lesser-included charge; Supreme Court, Bronx County, convicted defendant, following a jury trial, of second degree arson, and sentenced him, as a second violent felony offender, to 25 years; App. Div. modified to reduce the sentence in the interest of justice, and otherwise affirmed.

PEOPLE v WRIGHT (FREDDIE T.) (203 AD3d 965):
1st Dept. App. Div. order of 3/16/22; affirmance; leave to appeal granted by Wilson, J., 9/29/22; Crimes--Jurors--Selection of Jury--Whether Supreme Court properly denied defendant's Batson challenges; Supreme Court, Queens County, convicted defendant of robbery in the second degree and criminal trespass in the second degree, and imposed sentence; App. Div. affirmed.

For November 4, 2022 through November 10, 2022, the following preliminary appeal statements were filed:

PEOPLE v PATRICK LABATE (74 Misc 3d 138[A], 2022 NY Slip Op 50309[U]):
2nd Dept. App. Term order of 4/8/22; reversal; leave to appeal granted by Wilson, J., 10/11/22; Crimes--Right to Speedy Trial--Whether defendant's motion to dismiss, on statutory speedy trial grounds, the count of reckless driving should have been granted; whether the People's statement of readiness was illusory when, following later adjournments, the People were not ready for trial without explanation; New York City Criminal Court, Queens County, upon reargument and renewal, adhered to March 25, 2019 order denying the branch of defendant's motion seeking to dismiss, on statutory speedy trial grounds, the count of the accusatory instrument charging defendant with reckless driving; Criminal Court, Queens County, convicted defendant, upon a jury verdict, of reckless driving, and imposed sentence; App. Term reversed, vacated so much of the June 13, 2019 order as, upon reargument, adhered to the March 25, 2019 order denying the branch of defendant's motion seeking to dismiss, on statutory speedy trial grounds, the count in the accusatory instrument charging defendant with reckless driving, granted that branch of defendant's motion, and dismissed that count of the accusatory instrument.

SUTHERLAND v TUTOR PERINI BUILDING CORP. (207 AD3d 159):
1st Dept. App. Div. order of 6/30/22; reversal; leave to appeal granted by the Appellate Division; Rule 500.11 review pending; Labor--Safe Place to Work--Whether issues of fact exist as to whether plaintiff's injuries were proximately caused by a slippery condition in violation of Industrial Code (12 NYCRR) § 23-1.7 (d), or whether the sole proximate cause was plaintiff's decision, as a foreman, to work on a plywood surface exposed to the elements while it was raining; Supreme Court, Bronx County, granted plaintiff's motion for partial summary judgment on so much of the Labor Law § 241 (6) claim as was based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7 (d); App. Div. reversed and denied the motion, with dissents.

For Novmeber 11, 2022 through November 17, 2022, the following preliminary appeal statements were filed:

KELLY v STATE OF NEW YORK (206 AD3d 1309):
3rd Dept. App. Div. order of 6/16/22; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved in the order appealed; State--Claim Against State--Police Officer deemed ineligible for open competitive civil service exam because he exceeded age limitation under Civil Service Law § 58; alleged violations of the federal Age Discrimination in Employment Act of 1967; Federal and New York State constitutions, Executive Law §§ 291 and 296, and Civil Rights Law § 54; Court of Claims, granted defendant's motion to dismiss the claim; App. Div. affirmed.