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For October 3, 2014 through October 9, 2014, the following preliminary appeal statements were filed:

BARDEN (SCOTT), PEOPLE v (117 AD3d 216):
1st Dept. App. Div. order of 4/10/14; modification; leave to appeal granted by Pigott, J., 9/23/14; CRIMES - POSSESSION OF STOLEN PROPERTY - INTANGIBLES - CREDIT CARD NUMBERS - WHETHER A PERSON MAY BE CONVICTED FOR CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE OR USING A CREDIT CARD NUMBER TO MAKE UNAUTHORIZED CHARGES WHERE THE RIGHTFUL OWNER RETAINS PHYSICAL POSSESSION OF THE CREDIT CARD (PENAL LAW § 165.45[2]) - CONSTRUCTIVE POSSESSION OF CREDIT CARD NUMBER; ALLEGED VIOLATION OF DEFENDANT'S STATUTORY SPEEDY TRIAL RIGHTS; Supreme Court, New York County, convicted defendant of identity theft in the first degree, criminal possession of stolen property in the fourth degree, and two counts of theft of services, and imposed sentence; App. Div. modified, to the extent of vacating the identity theft conviction and dismissing that count.

BILAL (RASHID), PEOPLE v (118 AD3d 448):
1st Dept. App. Div. order of 6/5/14; affirmance; leave to appeal granted by Rivera, J., 9/25/14; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT COUNSEL'S ERROR IN FAILING TO MOVE TO SUPPRESS A WEAPON DEFENDANT DISCARDED WHILE BEING CHASED BY PLAINCLOTHES POLICE DID NOT CAUSE DEFENDANT PREJUDICE BECAUSE DEFENDANT WOULD NOT HAVE PREVAILED ON A SUPPRESSION MOTION BASED UPON THE COURT'S CONCLUSION THAT "THE UNDISPUTED FACTS ESTABLISH THAT, WHEN ADDED TO THE INFORMATION ALREADY KNOWN TO THE POLICE, DEFENDANT'S FLIGHT CREATED REASONABLE SUSPICION WARRANTING PURSUIT" AND "THE SEIZURE WAS LAWFUL, IN ANY EVENT, UNDER THE DOCTRINE OF ABANDONMENT"; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentenced him to a term of five years; App. Div. affirmed.

DAVIS v SOUTH NASSAU COMMUNITIES HOSPITAL (119 AD3d 512):
2nd Dept. App. Div. order of 7/2/14; affirmance; leave to appeal granted by Court of Appeals, 9/23/14; NEGLIGENCE - DUTY - WHETHER DEFENDANTS OWED A DUTY OF CARE TO PLAINTIFF WHO WAS INJURED WHEN THE BUS HE WAS OPERATING WAS STRUCK BY A VEHICLE DRIVEN BY DEFENDANT'S PATIENT AFTER SHE ALLEGEDLY BECAME UNCONSCIOUS AS A RESULT OF NARCOTIC MEDICATIONS ADMINISTERED TO HER AT DEFENDANT HOSPITAL'S EMERGENCY ROOM; PHYSICIANS AND SURGEONS; Supreme Court, Nassau County, granted defendants' separate motions to dismiss the complaint, denied that branch of plaintiffs' cross motion which was for leave to amend the complaint, and denied, in effect, as academic that branch of plaintiffs' cross motion which was to consolidate the action with two related actions; App. Div. affirmed.

PAVONE (ANTHONY), PEOPLE v (117 AD3d 1329):
3rd Dept. App. Div. order of 5/29/14; affirmance; leave to appeal granted by Pigott, J., 9/24/14; CRIMES - HARMLESS AND PREJUDICIAL ERROR - VIOLATION OF DEFENDANT'S RIGHT TO REMAIN SILENT BY, AMONG OTHER THINGS, PEOPLE'S ELICITING OF TESTIMONY IN ITS CASE-IN-CHIEF THAT DEFENDANT FAILED TO MENTION EXTREME EMOTIONAL DISTURBANCE WHEN HE WAS APPREHENDED - WHETHER THE APPELLATE DIVISION, AFTER CONCLUDING THAT THE ISSUE WAS LARGELY UNPRESERVED, ERRED IN HOLDING THAT, IN ANY EVENT, THE ADMISSION OF THE CHALLENGED EVIDENCE WAS HARMLESS "IN LIGHT OF THE OVERWHELMING EVIDENCE ESTABLISHING BOTH DEFENDANT'S GUILT BEYOND A REASONABLE DOUBT AND HIS CORRESPONDING FAILURE TO PROVE HIS AFFIRMATIVE DEFENSE OF EXTREME EMOTIONAL DISTURBANCE BY A PREPONDERANCE OF THE EVIDENCE"; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL IN FAILING, WITH ONE EXCEPTION, TO OBJECT TO TESTIMONY AND ARGUMENT CONCERNING DEFENDANT'S PRETRIAL SILENCE REGARDING EXTREME EMOTIONAL DISTURBANCE, IN FAILING TO REQUEST A LIMITING INSTRUCTION ON THAT ISSUE, AND IN FAILING TO PROVIDE THE DEFENSE EXPERT WITH MATERIALS NEEDED TO ADEQUATELY PREPARE AN EXTREME EMOTIONAL DISTRESS DEFENSE; County Court, Clinton County, convicted defendant of two counts of murder in the first degree and criminal possession of a weapon in the second degree; App. Div. affirmed.

ROSSBOROUGH (RONALD D.), PEOPLE v (113 AD3d 1114):
4th Dept. App. Div. order of 1/3/14; affirmance; leave to appeal granted by Smith, J., 9/24/14; CRIMES - SENTENCE - VALIDITY OF DEFENDANT'S WAIVER OF HIS RIGHT TO BE PRESENT DURING SENTENCING; APPEAL - WAIVER OF RIGHT TO APPEAL - WHETHER DEFENDANT'S WAIVER OF THE RIGHT TO APPEAL INCLUDES DEFENDANT'S CONTENTION THAT COUNTY COURT ERRED IN SENTENCING HIM IN ABSENTIA; County Court, Wyoming County, convicted defendant, upon his guilty plea, of grand larceny in the third degree; App. Div. affirmed.

For October 10, 2014 through October 16, 2014, the following preliminary appeal statements were filed:

COOKE (ROBERT J.), PEOPLE v (119 AD3d 1399):
4th Dept. App. Div. order of 7/11/14; modification; leave to appeal granted by Fahey, J., 9/18/14; Rule 500.11 review pending; TRIAL - PHYSICALLY RESTRAINED DEFENDANT - STUN BELT - WHETHER THE TRIAL COURT MADE A MODE OF PROCEEDINGS ERROR IN FAILING TO MAKE A FINDING THAT THE APPLICATION OF A STUN BELT TO DEFENDANT DURING TRIAL WAS NECESSARY; WHETHER DEFENDANT KNOWINGLY WAIVED HIS RIGHT TO OBJECT TO THE STUN BELT; WHETHER COUNT FIVE OF INDICTMENT WAS RENDERED DUPLICITOUS BY EVIDENCE AT TRIAL; WHETHER IT WAS ERROR TO ADMIT A PARTIALLY INAUDIBLE AUDIOTAPE; County Court, Steuben County, convicted defendant, upon a jury verdict, of criminal sexual act in the first degree, sexual abuse in the first degree and two counts of endangering the welfare of a child; App. Div. modified by reversing that part of the judgment convicting defendant of endangering the welfare of a child under count eight of the indictment, dismissing that count, and vacating the sentence imposed on that count, and by vacating that part of the order of protection in favor of defendant's elder daughter.

DIXON, MATTER OF v FISCHER (120 AD3d 1511):
3rd Dept. App. Div. judgment of 9/25/14; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - WHETHER THE APPELLATE DIVISION PROPERLY DISMISSED THE PETITION AS MOOT ON THE BASIS THAT PETITIONER RECEIVED ALL THE RELIEF TO WHICH HE WAS ENTITLED IN AN ADMINISTRATIVE REVERSAL OF A DISCIPLINARY DETERMINATION; App. Div. dismissed the petition as moot.

POLEUN (JAMES R.), PEOPLE v (119 AD3d 1378):
4th Dept. App. Div. order of 7/3/14; affirmance; leave to appeal granted by Court of Appeals, 9/23/14; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) (CORRECTION LAW ART. 6-C) - WHETHER DEFENDANT WAS DENIED DUE PROCESS OF LAW WHEN THE HEARING COURT ACCEPTED HIS WAIVER OF APPEARANCE AND HELD A HEARING TO ASSESS HIS RISK LEVEL IN HIS ABSENCE, ALTHOUGH HE EXPRESSED HIS DESIRE TO BE PRESENT AT THE HEARING AND PROFFERED AN EXCUSE FOR HIS INABILITY TO ATTEND; County Court, Niagara County, determined that defendant is a level three risk pursuant to SORA; App. Div. affirmed.