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For September 2, 2016 through September 8, 2016, the following preliminary appeal statements were filed:

HELMS (MARLO S.), PEOPLE v (141 AD3d 1138):
4th Dept. App. Div. order of 7/8/16, modification; leave to appeal granted by Curran, J., 8/10/16; CRIMES - SENTENCE - SECOND VIOLENT FELONY OFFENDER - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT DEFENDANT WAS IMPROPERLY SENTENCED AS A SECOND VIOLENT FELONY OFFENDER BECAUSE HIS CONVICTION OF BURGLARY IN GEORGIA DID NOT CONSTITUTE A PREDICATE FELONY INASMUCH AS THE GEORGIA STATUTE DEFINING BURGLARY LACKED THE KNOWLEDGE ELEMENT REQUIRED BY THE EQUIVALENT NEW YORK BURGLARY STATUTE; County Court, Monroe County, convicted defendant, upon his guilty plea, of attempted criminal possession of a weapon in the second degree, and sentenced him as a second violent felony offender; App. Div. modified by vacating the sentence, affirmed the judgment as modified, and remitted the matter to County Court for further proceedings in accordance with the court's memorandum.

WORD (DIANE), PEOPLE v (260 AD2d 196):
1st Dept. App. Div. order of 4/13/99; affirmance and reversal; sua sponte examination whether a civil appeal lies from the order entered in this criminal action; CRIMES - MURDER - DEPRAVED INDIFFERENCE MURDER - PEOPLE'S APPEAL TO THE APPELLATE DIVISION - CHALLENGE TO CONSTITUTIONAL VALIDITY OF CPL 450.20; Supreme Court, New York County, granted defendant's motion for a trial order of dismissal to the extent of setting aside the verdict convicting her of murder in the second degree, and thereafter, convicted defendant, after a jury trial, of manslaughter in the second degree and sentenced her to a term of 5 to 15 years in prison; App. Div. affirmed the judgment of conviction, reversed the order granting defendant's motion for a trial order of dismissal to the extent of setting aside the verdict convicting her of murder in the second degree, reinstated the verdict, and remanded the matter for resentencing.