Return to New Filings Page


For August 20, 2021 through August 26, 2021, no preliminary appeal statements were filed.

For August 27, 2021 through September 2, 2021, the following preliminary appeal statements were filed:

GUERRA (SANTINO), PEOPLE v (192 AD3d 563):
1st Dept. App. Div. order of 3/23/21; affirmance; leave to appeal granted by Rivera, J., 8/16/21; Crimes--Justification--Whether People v Miller (39 NY2d 543 [1976]) should be overruled, allowing admission of a complainant's prior violent acts for purposes of proving the complainant was the initial aggressor in support of a justification defense; Supreme Court, Bronx County, convicted defendant, after a jury trial, of assault in the second degree, and sentenced him to a term of three years. App. Div. affirmed.

JOHNSON (RONALD K.), PEOPLE v (193 AD3d 1429):
4th Dept. App. Div. order of 4/30/21; affirmance; leave to appeal granted by Fahey, J., 8/23/21; Crimes--Right to Speedy Trial--Whether defendant's due process rights were violated by nearly eight-year preindictment delay; defense to crime to which defendant pleaded guilty, a strict liability crime, was not prejudiced by preindictment delay; defendant also asserted preindictment delay deprived him of ability to negotiate a sentence that would have run concurrently with a prior unrelated burglary sentence; County Court, Monroe County, convicted defendant of rape in the second degree. App. Div. affirmed.

WELLS FARGO BANK v KHAN (2021 NY Slip Op 66285[U]): 2nd Dept. App. Div. order of 5/19/21 dismissed motion to recall and vacate; 2nd Dept. App. Div. order of 11/20/20 reversed; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any basis exits for an appeal as of right; Motions and Orders; Supreme Court, Queens County, denied plaintiff's motion for summary judgment and an order of reference; Supreme Court, Queens County, denied plaintiff's motion to reargue; App. Div. reversed 8/27/18 order insofar as appealed from, vacated the determination in the 3/14/18 order denying those branches of the plaintiff's motion for summary judgment insofar as asserted against defendants Simon Khan and Yeonsu Choi and for an order of reference, and granted those branches of the motion; App. Div. dismissed that branch of the motion which was for leave to reargue the appeal for lack of standing to seek that relief because defendants did not serve and file a brief, and otherwise denied the motion.

For September 3, 2021 through September 9, 2021, the following preliminary appeal statements were filed:

DODSON (JOHNTAVIOUS), PEOPLE v (194 AD3d 1409):
4th Dept. App. Div. order of 5/7/21; affirmance; leave to appeal granted by Wilson, J., 8/24/21; Crimes--Sentence--Whether illegal sentence exception to the preservation requirement applies to defendant's challenge to the legality of his designation as a second felony offender; County Court, Onondaga County, convicted defendant, upon a plea of guilty, of criminal possession of a forged instrument in the second degree; App. Div. affirmed.

DOUGLAS (RAKEEM), PEOPLE v (193 AD3d 622):
1st Dept. App. Div. order of 4/27/21; affirmance; leave to appeal granted by Fahey, J., 8/24/21; Crimes--Unlawful Search and Seizure--Whether police conducted a valid inventory search of the vehicle defendant was driving; Supreme Court, New York County, convicted defendant, upon a plea of guilty, of criminal possession of a weapon in the second degree and imposed sentence; App. Div. affirmed.

RODGRIGUEZ (LANCE), PEOPLE v (194 AD3d 968):
2nd Dept. App. Div. order of 5/19/21; affirmance; leave to appeal granted by Fahey, J., 8/24/21; Crimes--Unlawful Search and Seizure--Whether police lawfully stopped defendant when he was riding on a bicycle; Supreme Court, Queens County, convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed; Court of Appeals reversed and remitted for further proceedings; App. Div. affirmed.