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For March 26, 2010 through April 1, 2010, the following preliminary appeal statements were filed:

CECUNJANIN (ZUFER), PEOPLE v (67 AD3d 1072):
3rd Dept. App. Div. order of 11/5/09; affirmance; leave to appeal granted by Smith, J., 3/16/10; CRIMES - INTOXICATION - SUFFICIENCY OF EVIDENCE - SEXUAL ABUSE IN THE FIRST DEGREE (PENAL LAW § 130.65[2]) - WHETHER VICTIM WAS "INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS"; ALLEGED JUROR MISCONDUCT; ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL; Franklin County Court convicted defendant of attempted sexual abuse in the first degree and unlawful imprisonment in the second degree; App. Div. affirmed.

DIAZ (DAVID), PEOPLE v (68 AD3d 642):
1st Dept. App. Div. order of 12/29/09; affirmance; leave to appeal granted by Renwick, J., 3/16/10; Rule 500.11 review pending; CRIMES - EVIDENCE - SUFFICIENCY OF EVIDENCE - CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE - DRUGS HIDDEN IN AIR BAG COMPARTMENT OF AUTOMOBILE DEFENDANT OCCUPIED BUT DID NOT OWN - CONSTRUCTIVE POSSESSION OF CONTRABAND; CIRCUMSTANTIAL EVIDENCE; Supreme Court, New York County convicted defendant of criminal possession of a controlled substance in the second degree, and sentenced him, as a second felony drug offender, to a term of 7 years; App. Div. affirmed.

DOWNS v TOWN OF GUILDERLAND (70 AD3d 1228):
3rd Dept. App. Div. order of 2/18/10; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CONSTITUTIONAL LAW - FREEDOM OF SPEECH - NY CONSTITUTION, ARTICLE I, § 8 - PLAINTIFF ARRESTED FOR TRESPASS BY TOWN POLICE OFFICER AT MALL AFTER PLAINTIFF REFUSED TO REMOVE "ANTI-WAR T- SHIRT" OR LEAVE MALL AS REQUESTED BY MALL SECURITY PERSONNEL; FALSE ARREST; Supreme Court, Albany County, among other things, granted defendants' motions for summary judgment dismissing the complaint; App. Div. affirmed.

HALL, PEOPLE ex rel. v ROCK (71 AD3d 1303):
3rd Dept. App. Div. order of 3/18/10; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - WHEN REMEDY AVAILABLE; Supreme Court, Washington County denied petitioner's application for a writ of habeas corpus without a hearing; App. Div. affirmed.

FERNANDEZ (JOAO), PEOPLE v (72 AD3d 303):
2nd Dept. App. Div. order of 3/9/10; affirmance; leave to appeal granted by Leventhal, J., 3/18/10; COURTS - CLAIMED IMPROPRIETY IN TRANSFER OF CASE FROM CRIMINAL COURT TO SUPREME COURT; WHETHER CPL 210.05 PRECLUDES THE INTEGRATED DOMESTIC VIOLENCE PART OF SUPREME COURT FROM EXERCISING ITS JURISDICTION TO TRY MISDEMEANOR CHARGES AGAINST A DEFENDANT IN THE ABSENCE OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION; Supreme Court, Kings County convicted defendant of three counts of attempted aggravated harassment in the second degree and imposed sentence; App. Div. affirmed.

KABIR v COUNTY OF MONROE (68 AD3d 1628):
4th Dept. App. Div order of 12/30/09; reversal with dissents; leave to appeal granted by App. Div., 3/19/10; NEGLIGENCE - EMERGENCY DOCTRINE - PLAINTIFF INJURED WHEN HER VEHICLE WAS STRUCK FROM BEHIND BY DEPUTY SHERIFF'S VEHICLE - DEPUTY SHERIFF LOOKING DOWN AT MOBILE DATA TERMINAL TO ASCERTAIN LOCATION OF BURGLARIZED PREMISES ANNOUNCED IN RADIO DISPATCH - WHETHER DEPUTY SHERIFF ENTITLED TO QUALIFIED IMMUNITY UNDER VEHICLE AND TRAFFIC LAW § 1104(3) - "RECKLESS DISREGARD" STANDARD OF LIABILITY; SUMMARY JUDGMENT; Supreme Court, Monroe County granted those parts of defendants' motion seeking summary judgment dismissing the complaint against defendant County of Monroe and dismissing the amended complaint, and denied plaintiff's cross motion seeking partial summary judgment with respect to liability; App. Div. reversed, denied those parts of the motion seeking summary judgment dismissing the complaint against defendant County of Monroe and dismissing the amended complaint, reinstated the complaint, and granted plaintiff's cross motion.

SMITH v SHERWOOD (68 AD3d 1785):
4th Dept. App. Div. order of 12/30/09; modification with dissents; leave to appeal granted by App. Div., 3/19/10; NEGLIGENCE - DUTY - PRIVATE SCHOOL STUDENT STRUCK BY CAR AFTER EXITING PRIVATE BUS TRANSPORTING STUDENTS UNDER CONTRACT WITH REGIONAL TRANSPORTATION AUTHORITY AND SCHOOL DISTRICT - WHETHER REGIONAL TRANSPORTATION AUTHORITY AND DRIVER HAD DUTY TO PROTECT CHILD WHO HAD TO CROSS STREET; SUMMARY JUDGMENT; Supreme Court, Onondaga County, among other things, granted the motion of defendants City of Syracuse, Syracuse City School District, Board of Education of Syracuse City School District, Central New York Regional Transportation Authority and Theodore R. Gray for summary judgment dismissing the complaint as against them; App. Div. modified by denying in part the motion of defendants Central New York Regional Transportation Authority and Gray and reinstating the common-law negligence claim against those defendants, and affirmed as so modified.

WEAVER (TONY), PEOPLE v (68 AD3d 1781):
4th Dept. App. Div. order of 12/30/09; affirmance; leave to appeal granted by Jones, J., 3/16/10; CRIMES - EVIDENCE - SUFFICIENCY OF EVIDENCE - DISORDERLY CONDUCT - WHETHER CIRCUMSTANCES OF INCIDENT PRESENTED A PUBLIC ANNOYANCE CONSISTENT WITH PEOPLE v MUNAFO (50 NY2d 326); RESISTING ARREST; JURY INSTRUCTIONS; Wayne County Court convicted defendant of resisting arrest and two counts of disorderly conduct; App. Div. affirmed and remitted to County Court for further proceedings pursuant to CPL 460.50(5).

WELCH, MATTER OF v FISCHER (70 AD3d 1077):
3rd Dept. App. Div. order of 2/4/10; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - REVIEW OF SENTENCE COMPUTATION BY DEPARTMENT OF CORRECTIONAL SERVICES; Supreme Court, Franklin County converted petitioner's application for a writ of habeas corpus into a CPLR article 78 proceeding and dismissed the petition; App. Div. affirmed.



For April 2, 2010 through April 8, 2010, the following preliminary appeal statements were filed:

ALBUNIO v CITY OF NEW YORK (67 AD3d 407):
1st Dept. App. Div. order of 11/5/09; affirmance; leave to appeal granted by App. Div., 4/6/10; CIVIL RIGHTS - DISCRIMINATION IN EMPLOYMENT - RETALIATION CLAIM - WHETHER PLAINTIFFS ENGAGED IN PROTECTED "OPPOSITION" ACTIVITY WITHIN THE MEANING OF ADMINISTRATIVE CODE OF THE CITY OF NEW YORK § 8-102(7); Supreme Court, New York County awarded plaintiff Robert Sorrenti $491,706 and attorneys' fees to counsel for Sorrenti; the same court awarded plaintiff Lori Albunion $759,728.83 and plaintiff Thomas Connors $588,113.45 against the City of New York and, thereafter, awarded attorneys' fees to counsel for those plaintiffs; App. Div. affirmed.

CHAVIS, PEOPLE ex rel. v NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES (71 AD3d 1499):
4th Dept. App. Div. order of 3/19/10; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - AVAILABILITY OF RELIEF; Supreme Court, Wyoming County dismissed a petition for a writ of habeas corpus; App. Div. affirmed.

LINGLE (JOHN), PEOPLE v (66 AD3d 582):
1st Dept. App. Div. order of 10/27/09; affirmance; leave to appeal granted by Graffeo, J., 3/29/10; Rule 500.11 review pending; CRIMES - SENTENCE - POST- RELEASE SUPERVISION (PRS) - PRS IMPOSED IN JUDGMENT OF RESENTENCE AFTER DEFENDANT SERVED PART OF HIS PRISON SENTENCE AND WHILE HE WAS STILL CONFINED - ALLEGED VIOLATION OF DOUBLE JEOPARDY AND DUE PROCESS RIGHTS; Supreme Court, New York County resentenced defendant, as a second felony offender, to concurrent terms of 14 years and 3 1/2 to 7 years with 5 years' post-release supervision; App. Div. affirmed.

MACK (ALLEN), PEOPLE v (70 AD3d 555):
1st Dept. App. Div. order of 2/23/10; reversal; leave to appeal granted by Acosta, J., 3/30/10; COURTS - CLAIMED IMPROPRIETY IN TRANSFER OF CASE FROM CRIMINAL COURT TO SUPREME COURT; SUBJECT MATTER JURISDICTION OF TRIAL COURT; Supreme Court, Bronx County convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentenced him to an aggregate term of 90 days; App. Div. reversed and dismissed the misdemeanor information.