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For October 6, 2017 through October 12, 2017, the following preliminary appeal statements were filed:

HILL (NICHOLAS), PEOPLE v (150 AD3d 627):
1st Dept. App. Div. order of 5/30/17; affirmance; leave to appeal granted by Gesmer, J., 8/22/17; Rule 500.11 review pending; Crimes--Suppression Hearing--Police retained defendant's proffered identification while investigating defendant's explanation about who he was visiting in a particular apartment building--whether the trial court properly denied defendant's motion to suppress physical evidence on the basis that the police officer's retention of defendant's identification constituted a significant interruption of his freedom of movement so as to constitute an unreasonable seizure; Supreme Court, New York County, convicted defendant, upon his guilty plea, of criminal possession of a controlled substance in the third degree, and sentenced him, as a second felony drug offender, to a term of two years; App. Div. affirmed.

MARTIN (TIMOTHY), PEOPLE v (147 AD3d 587):
1st Dept. App. Div. order of 2/21/17; affirmance; leave to appeal granted by Rivera, J., 9/28/17; Crimes--Suppression Hearing--Whether the trial court erred in admitting evidence of defendant's response to a police officer that he lived in the apartment being searched, to prove defendant's constructive possession of the drugs found--whether defendant's response fell within the pedigree exception to the Miranda rule; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees and two counts of criminally using drug paraphernalia in the second degree, and sentenced him, as a second felony drug offender, to an aggregate term of two years; App. Div. affirmed.

SCHNAPP v MILLER'S LAUNCH, INC. (150 AD3d 32):
1st Dept. App. Div. order of 3/23/17; reversal; leave to appeal granted by App. Div., 8/29/17; Rule 500.11 review pending; Workers' Compensation--Longshore and Harbor Workers' Compensation Act--Plaintiff maritime surveyor injured while attempting to board vessel by jumping from bulkhead to vessel deck; whether questions of fact exist as to whether defendant vessel owner violated the turnover duty and duty to intervene under the Longshore and Harbor Workers' Compensation Act (33 USC § 901 et seq); application of Scinda Steam Nav. Co. v De los Santos (451 US 156 [1981]); Supreme Court, New York County, granted defendant's motion for summary judgment dismissing the complaint; App. Div. reversed and denied the motion.

TAPIA (CARLOS), PEOPLE v (151 AD3d 437):
1st Dept. App. Div. order of 6/6/17; affirmance with dissents; leave to appeal granted by Kapnick, J., 9/26/17; Rule 500.11 review pending; Crimes--Verdict-- Sufficiency of the Evidence--Whether the evidence was legally sufficient to support verdict of attempted assault in the first degree; charge based on use of dangerous instrument under an acting-in-concert theory, but no dangerous instrument recovered from crime scene and no evidence that defendant knew other perpetrator possessed a dangerous instrument; Identification of Defendant--Showup--Whether Supreme Court properly denied defendant's motion to suppress a showup identification--Evidence--Whether admission of police officer's grand jury testimony as a past recollection recorded violated the Confrontation Clause or the rule against hearsay; Supreme Court, New York County, convicted defendant, upon a jury verdict, of attempted assault in the first degree, and sentenced him to a term of five years imprisonment, with three years' post release supervision; App. Div. affirmed.