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   State Courts - New York - January 16, 2007

  
People v. McGrath, 2002-05698, (Ind. No. 01-00548), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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People v. Moore, 2005-01977, 2005-01978, 2005-01979, (Ind. No. 2044/03), (Ind. Nos. 10397/00 and 10400/00), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because defendant's contentions on appeal were either unpreserved or without merit, pursuant to CPL 470.05(2), 470.15(5), it was determined that the trial court properly convicted him of resisting arrest and revoked two previously-imposed sentences of probation.

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People v. Moses, 2004-08029, (Ind. No. 7047/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Defendant's second degree assault conviction was affirmed because the evidence was legally sufficient to show that complainant sustained a "physical injury" under N.Y. Penal Law § 10.00(9) and that defendant used a "dangerous instrument" under § 10.00(13). A factual review under CPL 470.15(5) showed that verdict was not against weight of evidence.

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People v. Pepe, 2004-03721, (Ind. No. 00-00616), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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People v. Posada, 2006-00661, (Ind. No. 1312/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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People v. Richmond, 2005-04565, (Ind. No. 2024/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Defendant's conviction of second degree assault was vacated because evidence was legally insufficient to show that complainant, who was bitten on the arm by defendant, sustained physical injury within Penal Law § 10.00(9)'s meaning in absence of sufficient evidence as to extent of complainant's physical injuries or that he suffered extensive pain.

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People v. Ruiz, 2003-08393, (Ind. No. 158/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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People v. Sharma, 2001-10936, (Ind. No. 489/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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People v. Twitty, 2004-10341, (Ind. No. 1385/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Trial court properly denied defendant's motion to suppress undercover police officer's identification testimony because identification was confirmatory in nature and not unduly suggestive; thus, Wade hearing was unnecessary. Furthermore, evidence was legally sufficient to convict defendant of six counts of offenses involving controlled substances.

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Pugliano v. Morse Diesel Intl., Inc., 9664, Index 114177/99, 501320/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Overview: Because a company's obligation to monitor and maintain ventilation equipment did not give rise to a duty to monitor the air coming out of the equipment or inside a terminal, and because the company had no notice, either actual or constructive, of the dangerous condition, the motion court erred in denying the company's motion for summary judgment.

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