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For March 1, 2013 through March 7, 2013, the following preliminary appeal statements were filed:

TONYA A., MATTER OF v HAL H. (2013 NY Slip Op 60069[U]):
1st Dept. App. Div. order of 1/3/13; dismissal; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; PARENT AND CHILD - SUPPORT - CLAIMED FAILURE OF FAMILY COURT TO COMPLY WITH APPELLATE DIVISION DIRECTION ON REMAND; CLAIMED UNCONSTITUTIONALITY OF FAMILY COURT ACT; Family Court, Bronx County denied respondent's objections to supplemental findings by the Support Magistrate after the App. Div.'s 12/8/09 order concluding that $342 biweekly is appropriate level of support (11/24/10 order); thereafter, Family Court found respondent in civil contempt for failing to pay child support (4/4/11 order); App. Div., upon petitioner's motion, (1) dismissed respondent's appeals from the 11/24/10 and 4/4/11 Family Court orders and (2) vacated a 7/19/11 order amending a stay granted by an Appellate Division Justice.

AVENI (PAUL), PEOPLE v (100 AD3d 228):
2nd Dept. App. Div. order of 10/17/12; modification; leave to appeal granted by Pigott, J., 2/20/13; CRIMES - CONFESSION - VOLUNTARINESS OF CONFESSION - WHETHER POLICE TACTICS DECEIVING DEFENDANT ABOUT THE VICTIM'S STATUS WERE SO COERCIVE AS TO RENDER DEFENDANT'S CONFESSION INVOLUNTARY; WHETHER DEFENDANT'S CONVICTION OF CERTAIN CRIMES WAS SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE; Supreme Court, Westchester County convicted defendant, upon a jury verdict, of burglary in the second degree, criminally negligent homicide, criminal injection of a narcotic drug, criminal contempt in the first degree, and criminal possession of a controlled substance in the seventh degree, and imposed sentence; App. Div. modified by vacating the convictions of burglary in the second degree, criminally negligent homicide, criminal injection of a narcotic drug, and criminal possession of a controlled substance in the seventh degree, vacating the sentences imposed thereon, and dismissing those counts of indictment, and granted that branch of defendant's omnibus motion which was to suppress certain statements made to law enforcement officials.

CARTER (DARNELL), PEOPLE v (100 AD3d 1472):
4th Dept. App. Div. order of 11/9/12; grant of reargument and amendment of prior order; leave to appeal granted by Graffeo, J., 2/22/13; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER CONSECUTIVE SENTENCES UNDER PENAL LAW § 70.25(2) WERE PERMISSIBLE WHERE DEFENDANT WAS CONVICTED OF MURDER IN THE SECOND DEGREE AND POSSESSION OF A WEAPON IN THE SECOND DEGREE, AND THE POSSESSION CHARGE DID NOT REQUIRE INTENT AS AN ELEMENT; Niagara County Court convicted defendant, upon a jury verdict, of two counts of murder in the second degree, two counts of robbery in the first degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree, with the sentence imposed for criminal possession of a weapon in the second degree to run consecutively to the concurrent sentences imposed for the two counts of murder in the second degree; App. Div. modified by directing that all sentences imposed shall run consecutively and affirmed the judgment as modified; thereafter, App. Div. granted the People's motion for reargument and, upon reargument, amended its prior order by deleting the ordering paragraph and substituting the following ordering paragraph, "It is hereby ORDERED that the judgment so appealed from is affirmed," and by deleting the third paragraph of the memorandum and substituting the following paragraph, "The sentence is not unduly harsh or severe."

MARTINEZ (SELBIN), PEOPLE v (100 AD3d 537):
1st Dept. App. Div. order of 11/20/12; affirmance; leave to appeal granted by Smith, J., 2/21/13; CRIMES - DISCLOSURE - ROSARIO MATERIAL - DEFENDANT'S ENTITLEMENT TO AN ADVERSE INFERENCE CHARGE WHERE A POLICE OFFICER'S HANDWRITTEN NOTES OF HIS INTERVIEW WITH THE COMPLAINANT WERE LOST; INSTRUCTIONS - IDENTIFICATION - WHETHER THE TRIAL COURT IMPERMISSIBLY MARSHALED EVIDENCE AGAINST DEFENDANT THROUGH ITS JURY INSTRUCTION ON IDENTIFICATION; Supreme Court, Bronx County convicted defendant, after a jury trial, of attempted robbery in the second degree, and sentenced him, as a second felony offender, to a term of 4 1/2 years; App. Div. affirmed.

M & C BROTHERS, INC. v TORUM (101 AD3d 1329):
3rd Dept. App. Div. order of 12/13/12; affirmance; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; JUDGMENTS - DEFAULT JUDGMENT - VACATUR; ATTORNEY - SANCTIONS; Supreme Court, Delaware County, among other things, denied defendants' motion to vacate a default judgment and imposed a sanction of $1,250 against defendants' counsel; App. Div. affirmed.

TOWN OF NORTH HEMPSTEAD, MATTER OF v COUNTY OF NASSAU (103 AD3d 734):
2nd Dept. App. Div. order of 2/13/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - ALLEGEDLY UNAUTHORIZED AND UNCONSTITUTIONAL AUDIT OF PARK DISTRICT IN TOWN BY COUNTY COMPTROLLER; COMBINED ARTICLE 78 PROCEEDING AND ACTION FOR DECLARATORY JUDGMENT; Supreme Court, Nassau County, in a combined CPLR article 78 proceeding and action for declaratory judgment, seeking to prohibit the county and its comptroller from conducting an audit of a certain park district located within the town, denied the petition and dismissed the proceeding; App. Div. affirmed.

RILEY (THOMAS), PEOPLE v (2012 NY Slip Op 92642[U]):
1st Dept. App. Div. Justice's order of 12/6/12; denial of reargument; sua sponte examination whether any basis exists for an appeal as of right in a criminal matter; APPEALS - APPELLATE DIVISION - SINGLE APPELLATE DIVISION JUSTICE'S DENIAL OF MOTION TO REARGUE DENIAL OF LEAVE TO APPEAL IN A CRIMINAL MATTER; Supreme Court, Bronx County denied defendant's motion pursuant to CPL 440.20 to set aside the "persistent violent felony offender" adjudication and sentence imposed upon him for his 1997 conviction of manslaughter in the first degree; a single Appellate Division Justice denied defendant's application for permission to reargue that Justice's order denying defendant leave to appeal to the App. Div.

RIVERA (ENRIQUE), PEOPLE v (100 AD3d 658):
2nd Dept. App. Div. order of 11/7/12; affirmance; leave to appeal granted by Graffeo, J., 3/1/13; CRIMES - LESSER INCLUDED OFFENSE - MANSLAUGHTER - WHETHER SUPREME COURT PROPERLY DENIED DEFENDANT'S REQUEST TO CHARGE MANSLAUGHTER IN THE SECOND DEGREE (PENAL LAW § 125.15[1]) AS A LESSER INCLUDED OFFENSE OF MURDER IN THE SECOND DEGREE, UPON THE GROUND THAT THERE WAS NO "REASONABLE VIEW" OF THE EVIDENCE THAT WOULD SUPPORT A FINDING THAT DEFENDANT ACTED RECKLESSLY WHEN HE STABBED THE VICTIM; Supreme Court, Kings County convicted defendant of manslaughter in the first degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

STONE (ALIAS), PEOPLE v (98 AD3d 910):
1st Dept. App. Div. order of 9/27/12; affirmance; leave to appeal granted by Lippman, Ch.J., 2/21/13; CRIMES - RIGHT TO REPRESENTATION PRO SE - DEFENDANT COMPETENT TO STAND TRIAL - WHETHER DEFENDANT HAD A MENTAL INCAPACITY SUCH THAT HE COULD NOT REPRESENT HIMSELF AT THE TIME OF TRIAL - WHETHER THE TRIAL COURT PROPERLY PERMITTED DEFENDANT TO PROCEED PRO SE - INDIANA v EDWARDS (554 US 164 [2008]); Supreme Court, New York County convicted defendant, after a jury trial, of two counts of burglary in the second degree, and sentenced him, as a second felony offender, to concurrent terms of seven years; App. Div. affirmed.

TAYLOR (TALIYAH), PEOPLE v (98 AD3d 593):
2nd Dept. App. Div. order of 8/8/12; affirmance; leave to appeal granted by Lippman, Ch.J., 2/25/13; CRIMES - MURDER - DEPRAVED INDIFFERENCE MURDER - MENS REA - SUFFICIENCY OF THE EVIDENCE THAT DEFENDANT WHO OPERATED A MOTOR VEHICLE AFTER TAKING ECSTASY POSSESSED THE REQUISITE MENS REA FOR DEPRAVED INDIFFERENCE MURDER; Supreme Court, Richmond County convicted defendant of depraved indifference murder in the second degree, reckless endangerment in the first degree, and operating a motor vehicle while under the influence, upon a jury verdict, and imposed sentence; App. Div. affirmed.

BOARD OF MANAGERS OF FRENCH OAKS CONDOMINIUM, MATTER OF v TOWN OF AMHERST (103 AD3d 1102):
4th Dept. App. Div. order of 2/1/13; affirmance with dissents; TAXATION - ASSESSMENT - CHALLENGE TO APPRAISAL - NONCOMPLIANCE WITH 22 NYCRR 202.59 - VIOLATIONS OF THE UNIFORM STANDARD PRACTICES OF THE APPRAISAL PROFESSION, ETHICS RULE U-7, AND 19 NYCRR 1106.1 - COURT'S ALLEGED ABUSE OF DISCRETION IN ADOPTING ASSESSMENT BASED ON THE APPRAISAL; Supreme Court, Erie County, in proceedings pursuant to RPTL article 7, among other things, determined the value of the French Oaks Condominium after a hearing before a referee; App. Div. affirmed.

For March 8, 2013 through March 14, 2013, the following preliminary appeal statements were filed:

MITCHEL D. G., PEOPLE ex rel. v INTERFAITH MEDICAL CENTER (2012 NY Slip Op 94111[U]):
2nd Dept. App. Div. order of 12/19/12; denial of petition; sua sponte examination whether the matter has been rendered moot by appellant's release from Interfaith Medical Center and whether a substantial constitutional question is directly involved in the App. Div. order, and whether any other jurisdictional basis exists to support an appeal as of right; HABEAS CORPUS - WHEN REMEDY AVAILABLE - INVOLUNTARY ADMINISTRATION OF ANTI-PSYCHOTIC AND OTHER MEDICATIONS; App. Div. denied petitioner's application for a writ of habeas corpus.

JOHNSON (SHARMELLE), PEOPLE v (99 AD3d 591):
1st Dept. App. Div. order of 11/5/12; affirmance; leave to appeal granted by Abdus-Salaam, J., 2/28/13; Rule 500.11 review pending; CRIMES - PLEA OF GUILTY - SUFFICIENCY OF ALLOCUTION - WHETHER DEFENDANT'S PLEA ALLOCUTION NEGATED AN ESSENTIAL ELEMENT OF THE CRIME CHARGED; RAPE IN THE SECOND DEGREE - WHETHER VICTIM WAS "MENTALLY INCAPACITATED" DUE TO THE INFLUENCE OF AN INTOXICATING SUBSTANCE ADMINISTERED TO HER (PENAL LAW §§ 130.30[2] AND 130.00[6]); Supreme Court, New York County convicted defendant, upon his guilty plea, of rape in the second degree, and sentenced him, as a second felony offender, to a term of four years; App. Div. affirmed.

McCRAY (TERENCE), PEOPLE v (102 AD3d 1000):
3rd Dept. App. Div. order of 1/17/13; affirmance with dissents; leave to appeal granted by McCarthy, J., 3/5/13; CRIMES - DISCLOSURE - WHETHER COUNTY COURT ERRED IN NOT TURNING OVER TO DEFENDANT CERTAIN OF THE RAPE VICTIM'S MENTAL HEALTH RECORDS; EVIDENCE - VICTIM'S PRIOR SEXUAL CONDUCT - CROSS-EXAMINATION ABOUT HYPERSEXUALITY - RAPE SHIELD LAW - LIMITATION OF DEFENSE COUNSEL'S CROSS- EXAMINATION DESIGNED TO ELICIT TESTIMONY ABOUT THE VICTIM'S ERRATIC BEHAVIOR - DENIAL OF MOTION TO COMPEL PROSECUTION TO OBTAIN CERTAIN OF THE VICTIM'S HOSPITALIZATION RECORDS; RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - COUNSEL'S FAILURE TO OBJECT TO ADMISSION OF CERTAIN EVIDENCE OR REQUEST LIMITING INSTRUCTIONS; Albany County Court convicted defendant of rape in the first degree; App. Div. affirmed.

For March 15, 2013 through March 21, 2013, the following preliminary appeal statements were filed:

BALDWIN UNION FREE SCHOOL DISTRICT, MATTER OF v COUNTY OF NASSAU (— AD3d —, 2013 NY Slip Op 01265):
2nd Dept. App. Div. order of 2/27/13; reversal; CONSTITUTIONAL LAW - VALIDITY OF STATUTE - WHETHER LOCAL LAW NO. 18 (2010) OF COUNTY OF NASSAU VIOLATES THE NEW YORK CONSTITUTION AND MUNICIPAL HOME RULE LAW; Supreme Court, Nassau County in effect denied the petition and dismissed the proceeding in Matter No. 1, searched the record and awarded summary judgment to the defendants/respondents declaring that Local Law No. 18 (2010) of County of Nassau does not violate either the New York Constitution or the Municipal Home Rule Law; in effect, denied that branch of the cross motion by plaintiffs in Matter No. 2 which was for summary judgment declaring that Local Law No. 18 (2010) or County of Nassau violates the New York Constitution and Municipal Home Rule Law, and declared that Local Law No. 18 (2010) of County of Nassau does not violate either the New York Constitution or the Municipal Home Rule Law; and, in effect, denied the petition and dismissed the proceeding in Matter No. 3, searched the record and awarded summary judgment to defendants/respondents declaring that Local Law No. 18 (2010) of County of Nassau does not violate either the New York Constitution or the Municipal Home Rule Law, and declared that Local Law No. 18 (2010) of County of Nassau does not violate either the New York Constitution or the Municipal Home Rule Law; App. Div. reversed, granted that branch of plaintiffs' cross motion in Matter No. 2 which was for summary judgment declaring that Local Law No. 18 (2010) of County of Nassau violates the New York Constitution and the Municipal Home Rule Law; upon searching the record, awarded petitioners/plaintiffs in Matter Nos. 1 and 3 summary judgment declaring that Local Law 18 (2010) of County of Nassau violates the New York Constitution and the Municipal Home Rule Law; denied the petitions in Matter Nos. 1 and 3 as academic, and declared that Local Law No. 18 (2010) of County of Nassau violates the New York Constitution and the Municipal Home Rule Law.

CURRY, MATTER OF v EVANS (100 AD3d 1120):
3rd Dept. App. Div. order of 11/8/12; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - CALCULATION OF SENTENCE - INCLUSION OF UNDISCHARGED PORTION OF PRIOR SENTENCE IN CALCULATING RELEASE DATE; Supreme Court, Albany County dismissed petitioner's CPLR article 78 application to prohibit the Department of Corrections and Community Supervision from including the undischarged portion of a prior sentence in the calculation of petitioner's sentence; App. Div. affirmed.

MATTER OF DONOFRIO (104 AD3d 64):
2nd Dept. App. Div. order of 1/9/13; sua sponte examination whether any jurisdictional basis exists for appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - SUSPENSION - WHETHER APPELLATE DIVISION ABUSED ITS DISCRETION IN IMPOSING SUSPENSION - WHETHER SPECIAL REFEREE'S REPORT HAD A SUFFICIENT BASIS IN LAW; App. Div., among other things, granted petitioner's motion to confirm the Special Referee's report and suspended respondent from the practice of law for two years.

GOLB (RAPHAEL), PEOPLE v (102 AD3d 601):
1st Dept. App. Div. order of 1/29/13; modification; leave to appeal granted by Pigott, J., 3/11/13; CRIMES - INSTRUCTIONS - DEFINITION OF "FRAUD," "DEFRAUD," "BENEFIT," AND "INJURE" - WHETHER DEFENDANT'S PROSECUTION, AND THE JURY INSTRUCTIONS GIVEN, FOR THE IDENTITY THEFT, CRIMINAL IMPERSONATION AND FORGERY COUNTS VIOLATED HIS FIRST AMENDMENT RIGHTS; AGGRAVATED HARASSMENT - WHETHER AGGRAVATED HARASSMENT IS COMMITTED WHEN COMMUNICATIONS OF THE TYPE BARRED BY THE STATUTE ARE NOT SENT TO THE VICTIM CRITICIZED IN THOSE COMMUNICATIONS; UNAUTHORIZED USE OF A COMPUTER - WHETHER VIOLATIONS OF INTERNET TERMS OF SERVICE AGREEMENT CONSTITUTES THE CRIME OF UNAUTHORIZED USE OF A COMPUTER; EVIDENCE - WHETHER THE VERDICT IS SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE; Supreme Court, New York County convicted defendant, after a jury trial, of two counts of identity theft, 14 counts of criminal impersonation, ten counts of forgery, three counts of aggravated harassment, and one count of unauthorized use of a computer, and sentenced him to an aggregate term of six months; App. Div. modified to the extent of vacating the identity theft conviction under count one.