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State Courts -
New York - February 2, 2007
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People v. Church, 158 KA 05-02657,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. Darby, 25 KA 04-00318,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. Davis, 1562 KA 05-02607,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: By failing to move to withdraw the plea or to vacate the conviction, defendant failed to preserve for review his claim that he raised possible justification and intoxication defenses during his plea colloquy. The trial court was required to order the sentence to run consecutively to a sentence for a prior felony conviction (Penal Law § 70.25(2-b)).
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People v. De Carlis, 4 KA 04-02911,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. De Jesus, 199 KA 06-00112,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. DeCapua, 1611 KA 03-01913,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Evidence failed to support murder conviction under circumstances in which defendant, wielding a gun, confronted victim, the two scuffled and struggled over the gun, the two fell to the ground, and the gun went off, fatally injuring the victim. However, the evidence supported conviction of second degree manslaughter, Penal Law § 125.15(1).
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People v. Dixon, 156 KA 06-00114,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. Donaldson, 32 KA 05-02385,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. Donhauser, 27 KA 05-02500,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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People v. Donhauser, 26 KA 05-01905,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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