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For September 9, 2016 through September 15, 2016, the following preliminary appeal statements were filed:

SMITH (LEROY SAVAGE), PEOPLE v (140 AD3d 1699):
4th Dept. App. Div. order of 6/10/16; affirmance; leave to appeal granted by DiFiore, Ch.J., 9/6/16; CRIMES - RIGHT TO COUNSEL - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING DEFENDANT'S REQUEST FOR SUBSTITUTION OF ASSIGNED COUNSEL; County Court convicted defendant, upon a jury verdict, of assault in the first degree and criminal possession of a weapon in the fourth degree, and imposed sentence; App. Div. affirmed.

For September 16, 2016 through September 22, 2016, the following preliminary appeal statements were filed:

EVANS (DAN), PEOPLE v (141 AD3d 120):
1st Dept., App. Div. order of 5/19/16; reversal with two-Justice dissents; sua sponte examination whether the May 19, 2016 Appellate Division order of reversal satisfies the requirements of CPL 450.90(2)(a); CRIMES - WITNESSES - EXPERT WITNESS - WHETHER THE TRIAL COURT PROPERLY DENIED DEFENDANT'S MOTION TO CALL AN EXPERT WITNESS TO TESTIFY ON THE ISSUE OF FALSE CONFESSIONS; INDICTMENTS - WHETHER THE TRIAL COURTS PROPERLY GRANTED THE PEOPLE'S MOTION TO CONSOLIDATE DEFENDANT'S TWO INDICTMENTS; IDENTIFICATION OF DEFENDANT - LINEUP - WHETHER THE LINEUP IDENTIFICATION PROCEDURE WAS UNDULY SUGGESTIVE; Supreme Court, New York County, convicted defendant, upon a jury verdict, of murder in the second degree, attempted murder in the second degree, assault in the first and second degrees, attempted assault in the first degree, two counts of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and imposed sentence; App. Div. reversed, on the law, and remanded for a new trial.

TERRANOVA, MATTER OF v LEHR (139 AD3d 1309):
3rd Dept. App. Div. order of 5/19/16; affirmance; leave to appeal granted by Court of Appeals, 9/13/16; WORKERS' COMPENSATION - THIRD PARTY ACTION - WHETHER CLAIMANT, WHO SUSTAINED A WORK-RELATED INJURY AND OBTAINED A SCHEDULE LOSS OF USE AWARD, WAS ENTITLED TO ONGOING PAYMENTS FOR LITIGATION EXPENSES INCURRED IN AN ACTION AGAINST A THIRD-PARTY TORTFEASOR; App. Div. affirmed a decision of the Workers' Compensation Board ruling that claimant was not entitled to ongoing payments for litigation expenses incurred in a separate action against a third-party tortfeasor.