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For November 19, 2021 through November 25, 2021 , the following preliminary appeal statements were filed:

PEOPLE v CARMAN (PETER) (194 AD3d 760):
2nd Dept. App. Div. order of 5/5/21; affirmance with one judge dissenting; leave to appeal granted by the App. Div. on 11/17/21; Crimes--Sex Offenders--Whether counsel was ineffective for failing to request a downward departure from defendant's presumptive risk level assessment; whether that issue was raised at the Appellate Division; County Court, Suffolk County, after a hearing, designated defendant a level three sex offender pursuant to Correction Law article 6-C; App. Div. affirmed.

PEOPLE v WEBER (CHRISTOPHER J.) (195 AD3d 1544):
4th Dept. App. Div. order of 6/17/21; affirmance; leave to appeal granted by the Court of Appeals,11/18/21; Crimes--Sex Offenders--Whether the Appellate Division erroneously remitted the matter to County Court for an upward departure determination; whether an upward departure was properly granted; County Court, Monroe County, determined that the defendant is a level three sex offender; App. Div. affirmed.

For November 26, 2021 through December 2, 2021 , the following preliminary appeal statements were filed:

MANKO v GABAY (2021 NY Slip Op 72231[U]):
2nd Dept. App. Div. order of 9/24/21; denial of motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution, and whether any jurisdictional basis exists for an appeal as of right; Appeal; Supreme Court, Kings County, dismissed the complaint for plaintiff's failure to state a cause of action; App. Div. inter alia, denied a motion to recall and vacate an order of the court dated 9/30/13, and to reinstate an appeal from an order of Supreme Court, Kings County, dated 5/7/12.

PEOPLE v TINDAL (HAROLD) (192 AD3d 1146):
2nd Dept. App. Div. order of 3/31/21; affirmance; leave to appeal granted by Wilson, J., 11/12/21; Crimes--Jurors--Selection of Jury--Whether defendant must join Batson challenges by jointly tried codefendant to preserve a Batson claim for appellate review; Crimes--Sufficiency of the Evidence--Whether legally sufficient evidence supports defendant's conviction for criminal trespass in the third degree; Crimes--Right to Counsel--Effective Representation--Whether defendant was deprived of the effective assistance of counsel; Supreme Court, Queens County convicted defendant of criminal trespass in the third degree and resisting arrest, and imposed sentence; App. Div. affirmed.