Return to New Filings Page


For July 21, 2023 through July 27, 2023, the following preliminary appeal statements were filed:

CRUZ v CITY OF NEW YORK (197 AD3d 555):
2nd Dept. App. Div. order of 8/11/21; affirmance; leave to appeal granted by the Appellate Division, 6/23/23; Negligence--Assumption of Risk--Whether doctrine of primary assumption of risk was applicable in personal injury action; plaintiff injured after falling in crack or hole on basketball court; Supreme Court, Queens County, granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

MAHARAJ v CITY OF NEW YORK (200 AD3d 769):
2nd Dept. App. Div. order of 12/8/21; affirmance; leave to appeal granted by the Appellate Division, 6/23/23; Negligence--Assumption of Risk--Whether doctrine of primary assumption of risk was applicable in personal injury action; plaintiff injured after tripping over hole while playing cricket; Supreme Court, Kings County, granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

MATTER OF ROWE v WHELAN (2023 NY Slip Op 69177[U]):
2nd Dept. App. Div. order of 6/23/23; denial of motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exists for the appeal; Proceeding Against Body or Officer; App. Div. denied motion to reargue or for leave to appeal to the Court of Appeals.

PEOPLE v WILLIAMS (RAYMOND) (216 AD3d 466):
1st Dept. App. Div. order of 5/9/23; affirmance; leave to appeal granted by Mendez, J., 7/6/23; Rule 500.11 review pending; Crimes--Burglary--Whether the evidence was legally sufficient to establish that defendant committed third-degree burglary; Supreme Court, New York County, convicted defendant, after a jury trial, of burglary in the third degree, and sentenced him, as a second felony offender, to a term of 3 ½ to 7 years; App. Div., with two Justices dissenting, affirmed.

For July 28, 2023 through August 3, 2023, the following preliminary appeal statements were filed:

PEOPLE v DIXON, (KERBET) (211 AD3d 1030):
2nd Dept. App. Div. order of 12/28/22; affirmance, leave to appeal granted by Troutman, J., 7/18/23; Crimes--Right to Representation Pro Se--Whether defendant's Sixth Amendment right to self-representation was violated by the People monitoring his trial-preparation calls from jail and using the communications for trial; whether defendant's decision to waive his right to counsel and proceed pro se was unequivocal, knowing, voluntary, and intelligent; whether defendant's pro se status should have been revoked at trial; Supreme Court, Queens County, convicted defendant of course of sexual conduct against a child in the first degree, sexual abuse in the third degree, endangering the welfare of a child, promoting a sexual performance by a child (150 counts), and possessing a sexual performance by a child (150 counts), upon a jury verdict, and course of sexual conduct against a child in the first degree, endangering the welfare of a child, and rape in the third degree (two counts), upon his plea of guilty, under indictment No. 498/12, and possessing a sexual performance by a child (334 counts) under indictment No. 54/13, upon a jury verdict, and imposed sentences; App. Div. affirmed.

PEOPLE v ESTRELLA (JONAIKI MARTINEZ) (214 AD3d 459):
1st Dept. App. Div. order of 3/9/23; modification; leave to appeal granted by Troutman, J., 7/18/23; Crimes--Murder--Whether the evidence was legally sufficient to support defendant's conviction of murder in the first degree under Penal Law 125.27(1)(a)(x) based on the infliction of torture upon the victim; Supreme Court, Bronx County, convicted defendant, after a jury trial, of murder in the first and second degrees, conspiracy in the second degree and gang assault in the second degree, and sentenced him to an aggregate term of life without parole; App. Div. modified to the extent of vacating defendant's conviction of first-degree murder, dismissing that count of the indictment, and remanding for resentencing on the remaining convictions, and otherwise affirmed.

For August 4, 2023 through August 10, 2023, the following preliminary appeal statements were filed:

PEOPLE v MITCHELL HERNANDEZ (213 AD3d 425):
1st Dept. App. Div. order of 2/2/23; affirmance; leave to appeal granted by Wilson, Ch.J., 7/25/23; Crimes--Sentence--Whether the courts below correctly adjudicated defendant a persistent violent felony offender under Penal Law 70.04(1)(b)(iv)-(v) when more than ten years without incarceration elapsed between his sentencing on the first predicate felony conviction and the incident underlying this case but the period of pre-sentencing incarceration on the predicate felony was subtracted from that ten-year period; Supreme Court, New York County, convicted defendant, after a jury trial, of robbery in the first degree and two counts of robbery in the second degree, and sentenced him, as a persistent violent felony offender, to concurrent terms of 20 years to life; App. Div. affirmed.

MATTER OF HOFFMANN v IRC (217 AD3d 53):
3rd Dept. App. Div. order of 7/13/23; reversal; Proceeding Against Body or Officer--Whether the Appellate Division properly granted petitioners' CPLR article 78 petition and directed the Independent Redistricting Commission to commence its duties; whether the proceeding was timely; whether the relief granted violates New York Constitution, Article III, Section 4(e); whether the relief granted conflicts with Matter of Harkenrider v Hochul, 38 NY3d 494 (2022); Supreme Court, Albany County, in a proceeding pursuant to CPLR article 78, granted certain respondents' motions to dismiss the amended petition; App. Div., with two Justices dissenting, reversed and granted the petition.

KELSEY v CATENA (217 AD3d 1233):
3rd Dept. App. Div. order of 6/22/23; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Civil Rights--Whether the courts below properly dismissed plaintiff's amended complaint in this action commenced under 42 USC § 1983 and asserting that alleged deficiencies in his criminal trial deprived him of due process and negatively impacted the appeal of his conviction; Supreme Court, Columbia County, granted defendants' motions to dismiss the amended complaint; App. Div. affirmed.