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For March 12, 2010 through March 18, 2010, the following preliminary appeal statements were filed:

HECKER (JOSEPH), PEOPLE v (68 AD3d 429):
1st Dept. App. Div. order of 12/3/09; affirmance; leave to appeal granted by Graffeo, J., 3/9/10; CRIMES - JURORS - CHALLENGE TO JURY - CLAIMED RACIAL DISCRIMINATION IN JUROR CHALLENGES - WHETHER TRIAL JUDGE ERRED IN GRANTING THE PEOPLE'S APPLICATION PURSUANT TO BATSON v KENTUCKY (476 US 79) TO REVIEW DEFENSE COUNSEL'S USE OF PEREMPTORY CHALLENGES TO REMOVE THE ONLY TWO ASIAN- AMERICAN PANEL MEMBERS - REVIEW PROCESS FOR BATSON CHALLENGE ISSUES; MOOTNESS; COURTROOM CLOSURE; Supreme Court, New York County convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced him, as a second felony drug offender, to a term of six years; App. Div. affirmed.

HILL (HADJI S.), PEOPLE v (66 AD3d 1471):
4th Dept. App. Div. order of 10/2/09; affirmance; leave to appeal granted by Jones, J., 3/2/10; CRIMES - PLEA OF GUILTY - SUFFICIENCY OF ALLOCUTION - WHETHER DEFENDANT KNOWINGLY AND VOLUNTARILY ENTERED GUILTY PLEA TO MANSLAUGHTER IN THE FIRST DEGREE AND NEGATED INTENT ELEMENT OF THAT CRIME - POSSIBILITY OF JUSTIFICATION DEFENSE RAISED DURING PLEA ALLOCUTION; Monroe County Court convicted defendant, upon his guilty plea, of manslaughter in the first degree; App. Div. affirmed.

MANKO v MANNOR (68 AD3d 497):
1st Dept. App. Div. order of 12/10/09; 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; PHYSICIANS AND SURGEONS - MEDICAL MALPRACTICE; LIMITATIONS OF ACTIONS; RES JUDICATA; FAILURE TO STATE A CAUSE OF ACTION; Supreme Court, New York County granted motions to dismiss the complaint as against the individually named defendants; App. Div. affirmed.

STEWART (ANDRE), PEOPLE v (67 AD3d 553):
1st Dept. App. Div. order of 11/19/09; affirmance; leave to appeal granted by Ciparick, J., 3/1/10; CRIMES - SENTENCE - POST-RELEASE SUPERVISION - WHETHER DEFENDANT'S FAILURE TO RAISE HIS PLEA VACATUR ISSUE ON DIRECT APPEAL WAS "NOT UNJUSTIFIABLE" - DEFENDANT ADVISED BY TRIAL COURT THAT HE WOULD RECEIVE "MAXIMUM POST-RELEASE SUPERVISION" BUT WAS NOT ADVISED AS TO THE SPECIFIC DURATION - AVAILABILITY OF CPL 440 MOTION - REQUEST FOR VACATUR OF PLEA (PEOPLE v CATU, 4 NY3d 242); Supreme Court, New York County denied defendant's CPL article 440 motion; App. Div. affirmed.

UNION CARBIDE CORPORATION v AFFILIATED FM INSURANCE COMPANY (68 AD3d 534):
1st Dept. App. Div. order of 12/15/09; modification; leave to appeal granted by App. Div., 3/4/10; INSURANCE - EXCESS COVERAGE - MULTI-YEAR EXCESS INSURANCE POLICIES - WHETHER EXCESS POLICIES AT ISSUE PROVIDE ANNUALIZED AGGREGATE PRODUCTS LIMITS - DURATION OF COVERAGE WHERE EXCESS POLICY IS EXTENDED FOR TWO MONTHS UNDER ENDORSEMENTS THAT CONTAIN NO LIMIT OF LIABILITY; Supreme Court, New York County denied defendant insurers' motions for partial summary judgment, granted plaintiff Union Carbide's motion for summary judgment and adjudged that the aggregate limits of liability for the policies that defendants issued to Union Carbide apply on an annual basis (the 5/9/07 order); thereafter, the same court granted plaintiff Union Carbide's motion for partial summary judgment and adjudged that a two-month extension of a policy issued by defendant Continental Casualty Company to Union Carbide carried with it a full $5 million aggregate limit (the 11/8/07 order); App. Div. modified the 5/9/07 Supreme Court order by denying Union Carbide's motion; and reversed the 11/8/07 Supreme Court order and denied plaintiff Union Carbide's motion.



For March 19, 2010 through March 25, 2010, the following preliminary appeal statements were filed:

LEGON v PETAKS (70 AD3d 457):
1st Dept. App. Div. order of 2/11/10; reversal with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; NEGLIGENCE - MAINTENANCE OF PREMISES - PLAINTIFF INJURED WHEN SHE TRIPPED OVER A RACK HOLDING SHOPPING BASKETS IN GROCERY STORE - WHETHER CONDITION OF RACK WAS OPEN AND OBVIOUS OR INHERENTLY DANGEROUS AS CONCEALED BY SHOPPING BASKETS; SUMMARY JUDGMENT; Supreme Court, New York County granted defendant's motion for summary judgment dismissing the complaint; App. Div. reversed, denied defendant's motion, and reinstated the complaint.

SPICOLA (MICHAEL), PEOPLE v (61 AD3d 1434):
4th Dept. App. Div. order of 4/24/09; affirmance; leave to appeal granted by Jones, J., 3/12/10; CRIMES - WITNESSES - EXPERT WITNESS - CLINICAL SOCIAL WORKER PERMITTED TO TESTIFY CONCERNING CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME AND REASON FOR DELAY IN REPORTING INCIDENT TO AUTHORITIES - TESTIMONY FROM NURSE PRACTITIONER REGARDING STATEMENTS MADE BY VICTIM DURING EXAMINATION; PRECLUSION OF CHARACTER WITNESSES FOR DEFENDANT; INDICTMENT ISSUED MORE THAN SIX YEARS AFTER ALLEGED OFFENSES; JURY INSTRUCTIONS; Erie County Court convicted defendant, upon a jury verdict, of six counts of sodomy in the first degree, three counts of sexual abuse in the first degree, and endangering the welfare of a child; App. Div. affirmed.

WILLIAMS (IVIN), PEOPLE v (66 AD3d 440):
1st Dept. App. Div order of 10/8/09; affirmance; leave to appeal granted by Lippman, Ch.J., 3/9/10; Rule 500.11 review pending; CRIMES - SENTENCE - RESENTENCE - ADDITION OF POST-RELEASE SUPERVISION TO SENTENCE AFTER DEFENDANT'S RELEASE FROM PRISON; Supreme Court, New York County resentenced defendant, as a second violent felony offender, to a term of 7 years with 5 years' post-release supervision; App. Div. affirmed.