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For June 7, 2024 through June 13, 2024, the following preliminary appeal statements were filed:

PEOPLE v MOSS (DWIGHT) (222 AD3d 1451):
APL-2024-00066 4th Dept. App. Div. order of 12/22/23; affirmance; leave to appeal granted by the Court of Appeals, 5/23/24; Crimes—Sex Offenders—Where prior conviction for felony sex offense has been deemed unconstitutional for predicate sentencing purposes, whether that prior felony sex conviction can support application of an automatic override in a sex offender risk level adjudication proceeding; Supreme Court, Monroe County, adjudicated defendant a level three sex offender; App. Div. affirmed.

PEOPLE v SALAS (CHRISTOPHER) (220 AD3d 545):
APL-2024-00067 1st Dept. App. Div. order of 10/19/23; modification; leave to appeal granted by Wilson, Ch.J., 5/22/24; Crimes--Vacatur of Judgment of Conviction--Whether Supreme Court erred in denying defendant a reconstruction hearing based on an alleged violation of People v O'Rama (78 NY2d 270 [1991]); Crimes--Right to Counsel-- Effective Representation--Whether counsel was ineffective for failing to pursue a Wade/Rodriguez hearing; Supreme Court, Bronx County, convicted defendant after a jury trial of murder in the second degree, and sentenced defendant to a term of 22 years to life; Supreme Court, Bronx County, denied defendant's CPL 440.10 motion to vacate the judgment; App. Div. (1) modified the judgment by reducing the sentence to a term of 19 years to life, and otherwise affirmed the judgment; and (2) affirmed the order.

MATTER OF YI v BPMC (226 AD3d 1167):
APL-2024-00068 3rd Dept. App. Div. order of 4/11/24; confirmed determination; Physicians and Surgeons--Whether clinical guidelines issued by a professional society establish the standard of care applicable to a physician disciplinary proceeding; Whether the Appellate Division can take judicial notice of such guidelines when they have not been introduced in evidence at the administrative disciplinary hearing; App. Div., in a proceeding pursuant to CPLR article 78 to review a determination of a Hearing Committee of respondent revoking petitioner's license to practice medicine in New York, with two Justices dissenting, affirmed the determination and dismissed the petition.

For June 14, 2024 through June 20, 2024, the following preliminary appeal statements were filed:

PEOPLE v BACON (ZAVEARR) (220 AD3d 450):
APL-2024-00074 1st Dept. App. Div. order of 10/5/23; affirmance; leave to appeal granted by Rivera, J., 6/6/24; Crimes--Appeal--Preservation of Issue for Appeal--Whether defendant's Confrontation Clause challenge was adequately preserved; whether statements made to police at scene of crime for purpose of compiling complaint report qualify as nontestimonial under ongoing emergency exception to the Confrontation Clause; Supreme Court, New York County, convicted defendant of robbery in the third degree and two counts of assault in the third degree, and imposed sentence; App. Div. affirmed.

CUOMO v NYS COMMISSION ON ETHICS (— AD3d —, 2024 NY Slip Op 02568):
APL-2024-00076 3rd Dept. App. Div. order of 5/9/24; affirmance; leave to appeal granted by the Appellate Division with certified question, 6/5/24; Constitutional Law--Separation of Powers-- Whether Executive Law § 94 (10) and (14) violate the New York State Constitution's separation-of-powers principle; Supreme Court, Albany County, inter alia, granted plaintiff's motion seeking a declaration that Executive Law § 94 (10) and (14) are unconstitutional; App. Div. affirmed.

PEOPLE ex rel. DEFREITAS v TOULON (226 AD3d 921):
APL-2024-00053 2nd Dept. App. Div. order of 4/17/24; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Habeas Corpus--Whether the Appellate Division properly dismissed the application for a writ of habeas corpus to release Russell DeFreitas upon his own recognizance or to set a reasonable bail under CPL 30.30(2)(a); alleged constitutional violations; App. Div. dismissed application for a writ of habeas corpus.

PEOPLE v ROBINSON (SAVION) (221 AD3d 435):
APL-2024-00073 1st Dept. App. Div. order of 11/9/23; affirmance; leave to appeal granted by Troutman, J., 6/6/24; Crimes--Suppression Hearing--Whether the courts below erred in holding that an "investigatory questioning" exception to Miranda v Arizona authorized the police to question appellant for 30 minutes while he was handcuffed; Supreme Court, New York County, convicted defendant of robbery in the third degree, and sentenced him, as a second felony offender, to a term of two to four years; App. Div. affirmed.