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For April 19, 2013 through April 25, 2013, the following preliminary appeal statements were filed:

GORDON (HAZEL E.), PEOPLE v (101 AD3d 1158):
3rd Dept. App. Div. order of 12/6/12; modification; leave to appeal granted by Pigott, J., 4/11/13; CRIMES - ROBBERY - PETIT LARCENY - EFFECT OF FAILURE TO RECOVER STOLEN PROPERTY ON ROBBERY CHARGES - ASSAULT - SUFFICIENCY OF THE EVIDENCE; Supreme Court, Albany County convicted defendant, after a jury trial, of robbery in the first degree, two counts of robbery in the second degree, and assault in the second degree; App. Div. modified by reducing defendant's convictions of robbery in the first degree and robbery in the second degree under counts 1, 2 and 6 of the indictment to petit larceny, remitted to Supreme Court for resentencing, and affirmed as so modified.

ROSSI (JOHN), PEOPLE v (99 AD3d 947):
2nd Dept. App. Div. order of 10/17/12; affirmance; leave to appeal granted by Chambers, J., 2/7/13; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WARRANTLESS SEARCH FOR GUN - EMERGENCY EXCEPTION TO WARRANT REQUIREMENT; SUFFICIENCY OF THE EVIDENCE; ALLEGED PROSECUTORIAL MISCONDUCT; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL; Nassau County Court convicted defendant of criminal possession of a weapon in the second degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

WALSTON (JAMEL), PEOPLE v (101 AD3d 1156):
2nd Dept. App. Div. order of 12/26/12; affirmance; leave to appeal granted by Smith, J., 4/17/13; CRIMES - JURORS - WHETHER TRIAL COURT ERRED IN FAILING TO INFORM COUNSEL OF THE EXACT CONTENTS OF A JURY NOTE - WHETHER CONTENT OF NOTE WAS SUBSTANTIVE; PRESERVATION; CLAIMED DENIAL OF DUE PROCESS AND INEFFECTIVE ASSISTANCE OF COUNSEL; Supreme Court, Kings County convicted defendant, upon a jury verdict, of manslaughter in the first degree and criminal possession of a weapon in the second degree, and imposed sentence; App Div., upon reargument and after vacating a prior order, affirmed.

For April 26, 2013 through May 2, 2013, the following preliminary appeal statements were filed:

GYABAAH v RIVLAB TRANSPORTATION CORP. (102 AD3d 451):
1st Dept. App. Div. order of 1/10/13; affirmance; leave to appeal granted by App. Div., 4/18/13; Rule 500.11 review pending; ATTORNEY AND CLIENT - COMPENSATION - ATTORNEY'S LIEN - WHETHER SETTLEMENT OF PERSONAL INJURY ACTION OCCURRED, TRIGGERING PAYMENT OF LAW FIRM'S CONTINGENCY FEE PER RETAINER AGREEMENT; Supreme Court, Bronx County granted nonparty law firm's motion to the extent of granting the firm leave to place a lien against the action, and denied the motion insofar as it sought an order enforcing a purported settlement and setting the firm's fee accordingly; App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v DANIEL OO. (88 AD3d 212):
3rd Dept. App. Div. order of 8/11/11; reversal; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; MENTAL HEALTH - PROCEEDING BY STATE OF NEW YORK SEEKING AN ORDER AUTHORIZING RESPONDENT'S CIVIL MANAGEMENT PURSUANT TO MENTAL HYGIENE LAW ARTICLE 10 - CONFINEMENT OF PERSONS WHO HAVE NOT BEEN CONVICTED OF A SEX OFFENSE AND LACK CAPACITY TO STAND TRIAL WITH RESPECT TO WHETHER THEY COMMITTED A SEX OFFENSE; CLAIMED DENIAL OF DUE PROCESS AND EQUAL PROTECTION; Supreme Court, Franklin County, in a proceeding pursuant to Mental Hygiene Law article 10, granted respondent's motion to dismiss the petition; App. Div. reversed, denied respondent's motion to dismiss the petition seeking sex offender civil management, and remitted the matter to Supreme Court to permit respondent to serve an answer within 20 days; Supreme Court "so ordered" the parties' stipulation to withdraw the petition without prejudice to renewal should respondent be released from custody.