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For December 23, 2022 through December 29, 2022, the following preliminary appeal statements were filed:

PEOPLE v DANIEL BRADFORD (204 AD3d 1483):
4th Dept. App. Div. order of 4/29/22; affirmance; leave to appeal granted by Lindley, J., 12/5/22; Rule 500.11 review pending; Crimes--Right to Counsel--Effective Representation--Whether trial counsel was ineffective for failing to object to defendant being forced to wear stun belt during trial; Supreme Court, Steuben County, denied defendant's CPL 440.10 motion; App. Div. affirmed.

PEOPLE v JORGE ESPINOSA (207 AD3d 655):
2nd Dept. App. Div. order of 7/20/22; affirmance; leave to appeal granted by Rivera, J., 11/3/22; Rule 500.11 review pending; Crimes--Right to Counsel--Effective Representation--Whether trial counsel was ineffective for failing to object on Confrontation Clause grounds to the admission of DNA evidence through a criminalist who did not perform the DNA testing; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of burglary in the second degree, possession of a burglar's tools, and criminal mischief in the fourth degree, and imposed sentence; App. Div. affirmed.

PEOPLE v GEORGE GARCIA (205 AD3d 432):
1st Dept. App. Div. order of 5/3/22; affirmance; leave to appeal granted by Wilson, J., 12/9/22; Crimes--Possession of Weapon--Whether Penal Law § 265.03 (3), criminalizing possession of a firearm in public places, and Penal Law § 265.03 (1) (b), criminalizing possession of a firearm with the intent to use it unlawfully, are unconstitutional under New York State Rifle & Pistol Assoc. v Bruen (597 US —, 142 S Ct 2111 [2022]); whether defendant's sentence is unconstitutional under Bruen because Penal Law § 265.03 (3) distinguishes between public possession and possession in the home; whether defendant's sentence was cruel and unusual; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a weapon in the second degree (two counts), and sentenced him to concurrent terms of 3 ½ years; Supreme Court, New York County, denied defendant's 440.20 motion to set aside his sentence; App. Div. affirmed.

For December 30, 2022 through January 5, 2023, the following preliminary appeal statements were filed:

MATTER OF CLIFTON PARK APTS v DHR (204 AD3d 1358):
3rd Dept. App. Div. order of 4/28/22; annulled determination; leave to appeal granted by the Court of Appeals, 12/13/22; Civil Rights--Discrimination in Housing-- Whether the Appellate Division properly concluded that substantial evidence did not support the finding that petitioners took adverse action against respondent CityVision Services, Inc.; whether the Appellate Division should have remitted for further proceedings upon concluding that the Administrative Law Judge did not apply the correct burden-shifting analysis under one prong of the test for retaliation; App. Div., in a proceeding pursuant to Executive Law § 298 to, among other things, review a determination of the Commissioner of the Division of Human Rights finding petitioners guilty of unlawful discriminatory practice based on retaliation, annulled the determination and granted the petition.

PEOPLE v JEAN DUFRESNE (209 AD3d 541):
1st Dept. App. Div. order of 10/18/22; affirmance; leave to appeal granted by the Court of Appeals, 12/13/22; Rule 500.11 review pending; Crimes--Sex Offenders--In a Sex Offender Registration Act (SORA) proceeding, whether the SORA hearing court erred as a matter of law or abused its discretion when it denied defendant's request for an adjournment of the SORA hearing pending the outcome of a civil commitment proceeding against defendant pursuant to Mental Hygiene Law article 10; Supreme Court, New York County, adjudicated defendant a level three sexually violent predicate offender pursuant to the Sex Offender Registration Act; App. Div. affirmed.

MANKO v STATE OF NEW YORK (2022 NY Slip Op 73575[U]):
2nd Dept. App. Div. order of 10/26/22; 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--Matters Appealable; App. Div. denied the motion to vacate the dismissal of an appeal and to extend the time to perfect an appeal from an order of the Court of Claims dated August 15, 2019.

UNITED JEWISH COMMUNITY v WASHINGTONVILLE CSD (207 AD3d 9):
3rd Dept. App. Div. order of 6/2/22; reversal; leave to appeal granted by the Court of Appeals, 12/15/22; Schools--Transportation of Pupils--Whether Education Law § 3635 requires central school districts to transport nonpublic school students to and from school on days when a district's public schools are closed; whether the failure to provide nonpublic school students with transportation on days when public schools are closed denies nonpublic school students' right to equal protection under the State Constitution; Supreme Court, Albany County, inter alia, granted petitioners' motion for summary judgment; App. Div. reversed, denied petitioners' motion for summary judgment, granted respondent State Education Department's cross motion for summary judgment, and declared (1) that respondent Washingtonville Central School District is not required to transport nonpublic school students on days when its public schools are closed and (2) that the State Education Department's transportation guidance, to the effect that school districts outside New York City are permitted, but not required, to transport nonpublic school students on days when public schools are closed, is valid.