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For August 5, 2011 through August 11, 2011, the following preliminary appeal statements were filed:

CAJIGAS (NORMAN), PEOPLE v (82 AD3d 544):
1st Dept. App. Div. order of 3/17/11; affirmance; leave to appeal granted by Smith, J., 8/3/11; CRIMES - BURGLARY - ATTEMPT - SUFFICIENCY OF THE EVIDENCE OF CRIMINAL INTENT - WHETHER AN INTENT TO COMMIT AN ACT THAT WOULD BE INNOCUOUS IF AN ORDER OF PROTECTION DID NOT PROHIBIT IT CAN SATISFY THE "INTENT TO COMMIT A CRIME THEREIN" ELEMENT OF BURGLARY; Supreme Court, New York County convicted defendant, after a jury trial, of attempted burglary in the second degree and three counts of criminal contempt in the first degree, and sentenced him, as a second violent felony offender, to an aggregate term of 6 1/2 to 8 years; App. Div. affirmed.

HARBATKIN, MATTER OF v NEW YORK CITY DEPARTMENT OF RECORDS AND INFORMATION SERVICES (84 AD3d 700):
1st Dept. App. Div. order of 5/31/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; DISCLOSURE - FREEDOM OF INFORMATION LAW (FOIL) - PROCEEDING PURSUANT TO CPLR ARTICLE 78 AND PUBLIC OFFICERS LAW §§ 84-90 FOR UNRESTRICTED ACCESS TO HISTORICAL RECORDS CONCERNING AN INVESTIGATION OF COMMUNIST ACTIVITY IN NEW YORK CITY SCHOOLS FROM 1930'S TO 1960'S; ALLEGED FIRST AMENDMENT VIOLATIONS IN REDACTING RECORDS FOR PERSONAL PRIVACY CONCERNS OF INTERVIEWED PUBLIC SCHOOL TEACHERS; Supreme Court, New York County denied the FOIL petition for a judgment compelling respondent to grant unrestricted access to records related to the Board of Education's "anti-Communist investigation"; App. Div. affirmed.

HOLSTEIN v COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE (86 AD3d 911):
4th Dept. App. Div. order of 7/1/11; affirmance with dissents; sua sponte examination whether two-justice dissent at App. Div. is on a question of law; JURY - POLLING OF JURY - WHETHER A NEW TRIAL IS WARRANTED BASED ON THE TRIAL COURT'S FAILURE TO POLL THE JURY AFTER REQUEST BY DEFENDANT - WHETHER TRIAL COURT'S RESPONSE TO JURY POLL REQUEST WAS EQUIVOCAL - WAIVER; PHYSICIANS AND SURGEONS - MEDICAL MALPRACTICE ACTION; Supreme Court, Onondaga County, upon a jury verdict, awarded plaintiff the principal sum of $1,690,000; App. Div. affirmed.

HOLUBAR, MATTER OF v O'CONNOR (84 AD3d 1236):
2nd Dept. App. Div. order of 5/24/11; denial of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - MANDAMUS - WHEN REMEDY AVAILABLE; App. Div. denied a CPLR article 78 petition in the nature of prohibition, among other things, to prohibit a Supreme Court Justice from conducting any proceedings in an action entitled Holubar v Holubar (Index No. 2083/08), and in the nature of mandamus, among other things, to compel that Supreme Court Justice to execute written orders or "so order transcripts" and to recommence a 2009 contempt proceeding against Michele Holubar.

LEONARD (LEO), PEOPLE v (83 AD3d 1113):
3rd Dept. App. Div. order of 4/7/11; affirmance; leave to appeal granted by Pigott, J., 8/4/11; CRIMES - KIDNAPPING - SUFFICIENCY OF EVIDENCE - AFFIRMATIVE DEFENSE IF DEFENDANT WAS A RELATIVE OF THE PERSON ABDUCTED AND HIS "SOLE PURPOSE WAS TO ASSUME CONTROL OF SUCH PERSON" (PENAL LAW § 135.30) - FATHER REFUSING TO HAND OVER HIS DAUGHTER IN STAND-OFF WITH POLICE; Supreme Court, Ulster County, upon a jury verdict, convicted defendant of kidnapping in the second degree, two counts of criminal possession of a weapon in the third degree, endangering the welfare of a child and burglary in the second degree; App. Div. affirmed.

MANKO v LENOX HILL HOSPITAL (2011 NY Slip Op 72320[U]):
2nd Dept. App. Div. order of 5/10/11; denial of motion; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; APPEAL - APPELLATE DIVISION - DENIAL OF MOTION TO VACATE PRIOR APPELLATE DIVISION ORDER DISMISSING APPEALS; App. Div. denied appellant's motion, in effect, to recall and vacate so much of a decision and order on motion of the Appellate Division dated 2/8/11 as dismissed appeals from two orders of Supreme Court, Kings County, dated 5/15/09 and 8/14/09, and two other Supreme Court orders both dated 8/14/09, for failure to timely perfect; to reinstate the appeals; and to enlarge the time to perfect the appeals.

MATOS (ZAHIRA), PEOPLE v (83 AD3d 529):
1st Dept. App. Div. order of 4/19/11; affirmance; leave to appeal granted by Lippman, Ch.J., 7/28/11; CRIMES - MURDER - DEPRAVED INDIFFERENCE MURDER - SUFFICIENCY OF EVIDENCE - DEFENDANT'S FAILURE TO SEEK EMERGENCY MEDICAL TREATMENT FOR HER TWO-YEAR-OLD SON AFTER THE CHILD WAS BEATEN BY DEFENDANT'S DOMESTIC PARTNER; WITNESSES - EXPERT WITNESS - TESTIMONY ON ABUSIVE DOMESTIC RELATIONSHIP NOT ADMITTED AS IRRELEVANT AND POTENTIALLY MISLEADING - HARMLESS ERROR; CLAIM THAT INDICTMENT, WHICH ENCOMPASSED A TWO-MONTH TIME PERIOD, DID NOT PROVIDE DEFENDANT WITH PROPER NOTICE OF THE PROSECUTION'S THEORY OF THE CASE; GRAND JURY - WHETHER THE INDICTMENT WAS DEFECTIVE BECAUSE THE GRAND JURY WAS INSTRUCTED UNDER THE REGISTER STANDARD PREVIOUSLY APPLICABLE TO DEPRAVED INDIFFERENCE MURDER CHARGES; WHETHER DEFENDANT'S STATEMENTS TO POLICE AND PHYSICAL EVIDENCE SEIZED FROM HER APARTMENT SHOULD HAVE BEEN SUPPRESSED; Supreme Court, New York County convicted defendant, after a jury trial, of murder in the second degree and two counts of endangering the welfare of a child, and sentenced her to an aggregate term of 20 years to life; App. Div. affirmed.

McKENZIE (DONYELL J.), PEOPLE v (81 AD3d 1375):
4th Dept. App. Div. order of 2/10/11; affirmance; leave to appeal granted by Smith, J., 8/2/11; CRIMES - MURDER - EXTREME EMOTIONAL DISTURBANCE - WHETHER THE TRIAL COURT PROPERLY REFUSED DEFENDANT'S REQUEST TO CHARGE THE AFFIRMATIVE DEFENSE OF EXTREME EMOTIONAL DISTURBANCE; Monroe County Court convicted defendant, upon a jury verdict, of murder in the second degree; App. Div. affirmed.

ROSSI, PEOPLE ex rel. v BEZIO (2011 NY Slip Op 78972[U]):
3rd Dept. App. Div. order of 7/18/11; denial of application; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING PETITIONER'S APPLICATION FOR A WRIT OF HABEAS CORPUS; App. Div., among other things, denied petitioner's application for habeas corpus relief.

STEPHENSON v THE CITY OF NEW YORK (85 AD3d 523):
1st Dept. App. Div. order of 6/16/11; reversal with dissents; SCHOOLS - STUDENTS - INJURY TO STUDENT - WHETHER SCHOOL DEFENDANTS ARE LIABLE FOR NEGLIGENTLY FAILING TO PREVENT ONE STUDENT FROM ASSAULTING ANOTHER STUDENT OFF SCHOOL GROUNDS TWO DAYS AFTER THE TWO STUDENTS WERE IN A FIGHT AT THE SCHOOL DURING SCHOOL HOURS - LIABILITY FOR FAILING TO NOTIFY INJURED STUDENT'S MOTHER OF FIGHT AT SCHOOL; Supreme Court, Bronx County denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for summary judgment on the issue of liability; App. Div. reversed, granted defendants' motion, denied plaintiffs' cross motion and directed the Clerk to enter judgment dismissing the complaint.

WILLIAMS (LEROY), PEOPLE v (84 AD3d 684):
1st Dept. App. Div. order of 5/31/11; affirmance; leave to appeal granted by Ciparick, J., 7/27/11; CRIMES - SENTENCE - POST-RELEASE SUPERVISION (PRS) - PRS IMPOSED IN JUDGMENT OF RESENTENCE - WHETHER ADDITION OF PRS EXTENDS EXPIRATION DATE OF ORDER OF PROTECTION ISSUED AS PART OF ORIGINAL SENTENCE - CPL 530.13(4); Supreme Court, Bronx County resentenced defendant to a term of 13 years, with 3 years' post-release supervision and an order of protection; App. Div. affirmed.

WRIGHT (LEDARRIUS), PEOPLE v (— AD3d —, 2011 NY Slip Op 05362):
1st Dept. App. Div. order of 6/21/11; affirmance; leave to appeal granted by Tom, J., 7/21/11; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER CONSECUTIVE SENTENCES WERE ILLEGAL UNDER PENAL LAW § 70.25(2) - CONVICTIONS FOR FIRST-DEGREE MURDER AND SECOND-DEGREE CRIMINAL POSSESSION OF A WEAPON - DEFENDANT CLAIMS TRIAL COURT ERRED IN IMPOSING CONSECUTIVE SENTENCES BECAUSE HE ACTED WITH SINGULAR INTENT DURING ONE CRIMINAL TRANSACTION; Supreme Court, New York County, upon a jury verdict, convicted defendant of murder in the first degree and criminal possession of a weapon in the second degree, and sentenced him to consecutive terms of 25 years to life and 15 years; App. Div. affirmed.

For August 12, 2011 through August 18, 2011, the following preliminary appeal statements were filed:

MONK (TERRANCE), PEOPLE v (83 AD3d 35):
2nd Dept. App. Div. order of 3/15/11; affirmance; leave to appeal granted by Read, J., 8/5/11; CRIMES - PLEA OF GUILTY - WITHDRAWAL OF PLEA - WHETHER A COURT MUST ADVISE DEFENDANT ABOUT POTENTIAL CONSEQUENCES OF VIOLATING CONDITIONS OF POST-RELEASE SUPERVISION FOR A GUILTY PLEA TO BE KNOWING, VOLUNTARY AND INTELLIGENT; MOTION TO WITHDRAW PLEA - MEANINGFUL OPPORTUNITY TO BE HEARD; Westchester County Court convicted defendant of attempted robbery in the first degree, upon his guilty plea, and imposed sentence; App. Div. affirmed.

RAMOS (GILBERTO), PEOPLE v (80 AD3d 537):
1st Dept. App. Div. order of 1/27/11; affirmance; leave to appeal granted by Read, J., 8/4/11; CRIMES - SENTENCE - SECOND FELONY OFFENDER - WHETHER A FEDERAL CONSPIRACY CONVICTION MAY SERVE AS A PREDICATE FELONY WITHIN THE MEANING OF PENAL LAW § 70.06; Supreme Court, New York County convicted defendant, upon his guilty plea, of robbery in the third degree, and sentenced him, as a second felony offender, to a term of 2 to 4 years; App. Div. affirmed.

SINHA (LINA), PEOPLE v (84 AD3d 35):
1st Dept. App. Div. order of 4/7/11; modification; leave to appeal granted by Pigott, J., 8/3/11; CRIMES - SODOMY - DUPLICITOUS COUNTS - JURY INSTRUCTIONS; EVIDENCE - DISCLOSURE - WHETHER CPL 240.20 REQUIRES THE PEOPLE TO DISCLOSE TO THE DEFENSE BEFORE TRIAL DOCUMENTS THEIR FORENSIC COMPUTER EXPERTS DOWNLOADED FROM DEFENDANT'S COMPUTER HARD-DRIVE; WHETHER, CONSISTENT WITH PEOPLE v COLON (13 NY3d 343), THE SODOMY AND MISDEMEANOR COUNTS OF THE CONVICTION MUST BE REVERSED BECAUSE OF THE PEOPLE'S BRADY VIOLATIONS AND ALLEGED RELIANCE ON FALSE OR MISLEADING TESTIMONY AND ARGUMENT; BRIBING A WITNESS - CORROBORATION OF ACCOMPLICE TESTIMONY - PEOPLE v MULLENS (292 NY 408); HARMLESS AND PREJUDICIAL ERROR - WHETHER TRIAL COURT CORRECTLY DENIED DEFENDANT'S MOTION FOR MISTRIAL BASED UPON DELIBERATING JURY'S ACCIDENTAL RECEIPT OF UNREDACTED TAPE RECORDING CONTAINING EXCLUDED EVIDENCE; CHALLENGE TO PEOPLE'S USE ON REBUTTAL AND SUMMATION OF VOLUNTARY STATEMENT DEFENDANT GAVE TO THE PROSECUTION WHERE THE PEOPLE DID NOT PREVIOUSLY DISCLOSE THE STATEMENT TO DEFENDANT; WHETHER MATTER SHOULD BE REMANDED TO A DIFFERENT JUDGE FOR RESENTENCING; Supreme Court, New York County convicted defendant, after a jury trial, of sodomy in the second and third degrees, bribing a witness and four counts each of criminal impersonation in the second degree and falsely reporting an incident in the third degree, sentenced her to an aggregate term of 4 2/3 to 14 years, and denied her CPL 440.10 motion to vacate the judgment; App. Div. (1) modified the judgment, in the interest of justice, to the extent of vacating the conviction of bribing a witness, remanded the matter for a new trial on that charge, and otherwise affirmed, and remanded for further proceedings pursuant to CPL 460.50; and (2) modified the order denying defendant's CPL 440.10 motion to vacate the judgment, in the interest of justice, to the extent of vacating the conviction of bribing a witness, remanded the matter for a new trial on that charge, and otherwise affirmed.

STANLEY (DONALD), PEOPLE v (83 AD3d 968):
2nd Dept. App. Div. order of 4/19/11; affirmance; leave to appeal granted by Smith, J., 8/11/11; CRIMES - SENTENCE - RESENTENCE AFTER ENACTMENT OF 2009 DRUG LAW REFORM ACT - WHETHER DEFENDANT MAY RAISE ISSUES REGARDING HIS PREDICATE FELON STATUS AT THE RESENTENCING PROCEEDING WHEN HE DID NOT CHALLENGE HIS SENTENCING AS A SECOND FELONY OFFENDER AT THE ORIGINAL SENTENCING PROCEEDING - CLAIM THAT FLORIDA FELONY CONVICTIONS ARE NOT THE EQUIVALENT OF ANY NEW YORK FELONY AND ARE TOO DISTANT IN TIME TO BE CONSIDERED; Supreme Court, Queens County resentenced defendant, after a hearing pursuant to CPL 440.46, upon his conviction of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree; App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v JOHN P. (ANONYMOUS) (85 AD3d 1189):
2nd Dept. App. Div. order of 6/28/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - MENTAL ABNORMALITY - WHETHER PSYCHIATRIC EVALUATION OF SEX OFFENDER WAS CONDUCTED IN VIOLATION OF SEX OFFENDER'S RIGHT TO COUNSEL - DENIAL OF REQUEST TO PRECLUDE TESTIMONY AND EVIDENCE FROM PSYCHOLOGIST WHO CONDUCTED EVALUATION; Supreme Court, Suffolk County, upon a finding, made after a jury trial, that John P. suffers from a mental abnormality as defined in Mental Hygiene Law § 10.03(1), and upon a determination, made after a dispositional hearing, that he currently is a dangerous sex offender requiring civil confinement, granted a petition seeking civil management and directed that John P. be committed to a secure treatment facility for care, treatment and control until such time he no longer requires confinement; App. Div. affirmed.

For August 19, 2011 through August 25, 2011, the following preliminary appeal statements were filed:

CHESTNUT (KEVIN), PEOPLE v (81 AD3d 661):
2nd Dept. App. Div. order of 2/1/11; affirmance; leave to appeal granted by Jones, J., 8/19/11; CRIMES - CONSOLIDATION AND SEVERANCE - CPL 200.40(1) - WHETHER SUPREME COURT'S ALLEGED ERROR IN DENYING DEFENDANT'S MOTION TO SEVER UNRELATED COUNTS APPLICABLE ONLY TO CODEFENDANT IS SUBJECT TO HARMLESS ERROR ANALYSIS AND, IF SO, WHETHER THE ERROR IS HARMLESS; Supreme Court, Queens County convicted defendant of robbery in the first degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

CHISENA, A SUSPENDED ATTORNEY, MATTER OF (— AD3d —, 2011 NY Slip Op 05697):
2nd Dept. App. Div. order of 6/28/11; disbarment; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDING - DISBARMENT - CLAIMED VIOLATION OF DUE PROCESS AND OTHER RIGHTS; App. Div., among other things, granted petitioner Grievance Committee's motion to confirm the Special Referee's report, and disbarred respondent Chisena.

DIXON, MATTER OF v CLYNE 87 AD3d 812):
3rd Dept. App. Div. order of 8/18/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ELECTIONS - DESIGNATING PETITIONS - FILING OF CERTIFICATE OF ACCEPTANCE WITH ALBANY COUNTY BOARD OF ELECTIONS - CLAIMED DUE PROCESS AND EQUAL PROTECTION VIOLATIONS; Supreme Court, Albany County dismissed petitioner's application, in a proceeding pursuant to Election Law § 16- 102, to declare valid the designating petition naming petitioner as the Independence Party candidate for the office of Albany County Legislator for the 3rd Legislative District in the 9/13/11 primary election; App. Div. affirmed.

DOUGLAS ELLIMAN LLC v TRETTER (84 AD3d 446):
1st Dept. App. Div. order of 5/5/11; modification; leave to appeal granted by App. Div., 7/14/11; BROKERS - REAL ESTATE BROKERS - COMMISSION - BREACH OF FIDUCIARY DUTY - BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING - EXISTENCE OF UNDISCLOSED DUAL AGENCY - CHALLENGE TO APPELLATE DIVISION ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFF BROKER; Supreme Court, New York County denied defendants' motion for summary judgment dismissing the complaint in an action for a brokerage commission and denied plaintiff's cross motion for summary judgment for the amount of the commission sought in the complaint; App. Div. modified to grant plaintiff's motion.

FERNANDEZ (SANDY), PEOPLE v (31 Misc 3d 144(A)):
App. Term 2nd, 11th and 13th Judicial Districts, order of 5/20/11; affirmance; leave to appeal granted by Graffeo, J., 8/17/11; CRIMES - ACCUSATORY INSTRUMENT - WHETHER THE APPELLATE TERM ERRED IN HOLDING THAT AN ACCUSATORY INSTRUMENT CHARGING DEFENDANT WITH AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD DEGREE (VEHICLE AND TRAFFIC LAW § 511[1][a]) WAS A SIMPLIFIED TRAFFIC INFORMATION EVEN THOUGH IT WAS TITLED "COMPLAINT/INFORMATION" AND INCLUDED FACTUAL ALLEGATIONS IN SUPPORT OF THE CHARGE; Criminal Court, New York City, Kings County convicted defendant, upon his guilty plea, of aggravated unlicensed operation of a motor vehicle in the third degree; App. Term affirmed.

LATTA (DOUGLAS), PEOPLE v (85 AD3d 1):
1st Dept. App. Div. order of 4/19/11; reversal with dissents; leave to appeal granted by Andrias, J., 8/11/11; CRIMES - EVIDENCE - SUFFICIENCY OF EVIDENCE - WHETHER THE PEOPLE PRESENTED SUFFICIENT EVIDENCE TO THE GRAND JURY THAT THE DEFENDANTS' COMBINED ACTIVITIES CONSTITUTED AN "ASCERTAINABLE STRUCTURE" AS REQUIRED BY THE ENTERPRISE CORRUPTION PROVISION (PENAL LAW §§ 460.10[3] AND 460.20) OF NEW YORK'S ORGANIZED CRIME CONTROL ACT - ALLEGED INTERNATIONAL CYBERCRIME GROUP FACILITATING THE INTERNET SALE OF STOLEN CREDIT CARD DATA; Supreme Court, New York County dismissed the enterprise corruption count against defendant and others; App. Div. reversed and reinstated the enterprise corruption count.

RICHARDS, PEOPLE ex rel. v YELICH (87 AD3d 764):
3rd Dept. App. Div. order of 8/4/11; affirmance; sua sponte examination whether any jurisdictional basis exists for an appeal as of right pursuant to CPLR 5601(b); HABEAS CORPUS - WHEN REMEDY APPROPRIATE - ISSUES THAT COULD HAVE BEEN RAISED ON DIRECT APPEAL OR IN A CPL ARTICLE 440 MOTION - CLAIM THAT TRIAL COURT LACKED JURISDICTION TO CONVICT PETITIONER OF FELONY MURDER BECAUSE THE INDICTMENT DID NOT CHARGE HIM WITH THE UNDERLYING FELONY; Supreme Court, Franklin County treated petition as an ex parte request for issuance of a writ of habeas corpus or order to show cause in a habeas corpus proceeding and denied such request and dismissed the petition; App. Div. affirmed.

YATAURO v MANGANO (87 AD3d 582):
2nd Dept. App. Div. order of 8/9/11; reversal with dissents; ELECTIONS - REDISTRICTING PLAN - WHETHER THE ADOPTION OF LOCAL LAW 3 (2011) TO REDEFINE 19 COUNTY LEGISLATIVE DISTRICTS FOR THE 2011 ELECTIONS WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE NASSAU COUNTY CHARTER; Supreme Court, Nassau County granted plaintiffs'/petitioners' motion for summary judgment on the first cause of action to the extent of declaring that the implementation of Local Law No. 3 (2011) of the County of Nassau is null and void for lack of compliance with the Nassau County Charter §§ 113 and 114, and declared that the adoption of Local Law No. 3 is in accord with the Nassau County Charter § 112; App. Div. reversed, denied plaintiffs'/petitioners' motion which was for summary judgment on their first cause of action, and declared that the legislative boundaries described in Annex A to the Nassau County Charter, as amended by Local Law 3 (2011) of the County of Nassau, must be implemented in connection with the general election to be held on November 8, 2011.