New York Appellate Division

People v. Olivarez - Sentencing Appeal

The Appellate Division of the Supreme Court of the State of New York affirmed a sentence imposed on Antonio Olivarez. The court found that the sentence was not excessive, referencing prior case law.

People v. Wheeler - Criminal Sale of Controlled Substance Conviction

The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Damon Wheeler of criminal sale of a controlled substance in the third degree. The conviction followed a plea of guilty, and the court found the defendant's waiver of appeal to be valid, precluding review of the sentence.

People v. Berger - Criminal Possession of Stolen Property

The Appellate Division of the Supreme Court of New York affirmed a judgment convicting Robert Berger of attempted criminal possession of stolen property. The court upheld the imposition of an enhanced sentence due to the defendant's failure to appear for sentencing, which violated the terms of his plea agreement.

Pomeranz v Shor - Conversion and Unjust Enrichment Case

The Appellate Division of the Supreme Court of the State of New York affirmed a lower court's order dismissing a complaint for conversion and unjust enrichment. The dismissal was based on the doctrine of res judicata, preventing the re-litigation of claims that were or could have been raised in a prior matrimonial action.

Harrington v. Ortolani - Defamation Case Opinion

The Appellate Division of the Supreme Court of the State of New York issued an opinion in Harrington v. Ortolani. The court affirmed in part and reversed in part a lower court's order regarding a defamation action between condominium unit owners.

People v. Franklin - Criminal Conviction Affirmation

The Appellate Division of the Supreme Court of New York affirmed a criminal conviction for robbery in the first degree. The court upheld the denial of the defendant's motion to suppress identification testimony, finding the pretrial identification procedures were not unduly suggestive.

Dursi v. Coffey - Neighbor Dispute Over Bamboo Encroachment

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision granting a petition for a license to enter neighboring property to install a bamboo root barrier. The case addresses a dispute arising from bamboo encroachment between adjacent property owners.

Axos Bank v. Michael Gangi Plumbing & Heating Contrs., Inc.

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision to dismiss counterclaims in a mortgage foreclosure action. The case involves Axos Bank and Michael Gangi Plumbing & Heating Contractors, Inc., among other defendants, concerning two mortgages.

Matter of Any Vanessa M. - Juvenile Delinquency Proceeding

The Appellate Division of the Supreme Court of New York modified an amended order of disposition in a juvenile delinquency proceeding. The court adjusted the credit for time spent in detention, extending it from May 24, 2024, to April 15, 2019, for a total placement period of three years.

People v. Bradford - Criminal Appeal

The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Rodney Bradford of criminal possession of a weapon in the third degree. The court found that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, precluding review of his contentions regarding the suppression motion and the sentence imposed.