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Decision Date

May 28, 2010
Ex-parte application is declined...  
May 28, 2010
It is Ordered that the motion for a stay is granted on condition that respondent-appellant perfects the appeal by June 30, 2010 in order to be scheduled for the September 2010 Term. Accruing use and occupancy is to be paid to the landlord, without prejudice, on each subsequent rental due date. No further extensions of time to file appellant's brief will be granted. In the event of respondent-appellant's failure to comply with the orders of this Court, the petitioner-landlord may move on five...  
May 28, 2010
It is Ordered that the motion is granted to the extent of permitting the warrant of eviction to be executed after June 15, 2009. If, by said date, the appellant has tendered $2,500— to the petitioner, without prejudice, then the latter may move for a continuation of the stay beyond June 15, 2010. In the event the appellant fails to perfect the appeal by July 1, 2010, then the petitioner may move on five days' notice for an order dismissing the appeal...  
May 28, 2010
It is Ordered that the motion is granted to the extent of permitting the execution of the warrant of eviction after June 14, 2010. If, prior to said date, the appellant has provided access to the petitioner, then the appellant may move for a continuation of the stay...  
May 27, 2010
Ex-parte application is declined...  
May 27, 2010
It is Ordered that the motion is granted, without opposition. The appeal is dismissed...  
May 27, 2010
It is Ordered that the motion to dismiss the appeal and for other relief is denied, without prejudice to renew in the event the appeal is not perfected by the October 2010 term — the filing deadline is August 9, 2010. The parties should attempt to stipulate to the reconstruction of the legal fees hearing transcripts and exhibits...  
May 27, 2010
It is Ordered that the plaintiff-respondent's motion to dismiss the appeal as untimely is denied for the reason stated in this Court's April 5, 2010 order. The plaintiff himself served a copy of the judgment with notice of its entry on the adversary. Pursuant to CPLR § 2103[a], papers may only be served by a person not a party to the proceeding unless otherwise authorized by the court...  
May 27, 2010
It is Ordered that the motion is granted, without opposition, to the extent of dismissing the appeal for failure to diligently prosecute...  
May 27, 2010
In full satisfaction of a five-count indictment, defendant pleaded guilty to the crime of attempted robbery in the second degree. Pursuant to the plea agreement, defendant was to be sentenced, as a second felony offender, to a term of four years in prison, to be followed by five years of postrelease supervision. County Court admonished defendant that if he was arrested while out on bail awaiting sentencing, then it would not be bound by the plea agreement and could impose a harsher sentence...  
May 27, 2010
In satisfaction of a two-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree, waived his right to appeal and was sentenced as a second felony offender to the agreed-upon term of six years in prison followed by three years of postrelease supervision. Defendant now appeals, contending that he was denied the effective assistance of counsel... We affirm. Although defendant's waiver of the right to appeal does not bar his ineffective...  
May 27, 2010
Defendant pleaded guilty to a reduced charge of attempted burglary in the first degree in satisfaction of a nine-count indictment and waived his right to appeal. Pursuant to the negotiated plea agreement, County Court sentenced defendant to four years in prison followed by 2½ years of postrelease supervision. Defendant now appeals, claiming that his plea was involuntary, his sentence was harsh and excessive and he received ineffective assistance of counsel... Defendant's challenge to the...  
May 27, 2010
In satisfaction of a two-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced to four years in prison followed by two years of postrelease supervision. Thereafter, defendant made a pro se motion pursuant to CPL 440.10 to vacate the judgment of conviction on the ground that he was denied the effective assistance of counsel because his attorney failed to seek dismissal of the indictment on the basis of an allegedly...  
May 27, 2010
In full satisfaction of a four-count indictment, defendant pleaded guilty to grand larceny in the fourth degree and aggravated driving while intoxicated. The charges stemmed from his arrest for driving with a blood alcohol level of... 21% and being in possession of the victim's credit card. Defendant was thereafter sentenced pursuant to the plea agreement to a prison term of 1½ to 4 years. Defendant now appeals... We affirm. Defendant contends that his plea should be vacated due to County...  
May 27, 2010
Defendant pleaded guilty to attempted burglary in the third degree, waived his right to appeal and was sentenced as a second felony offender to a prison term of 1½ to 3 years. County Court also ordered defendant to pay restitution in the amount of $604.15. Defendant now appeals contending, among other things, that his plea was involuntary and he was entitled to a restitution hearing... Preliminarily, we reject defendant's claim that his appeal waiver was invalid. County Court explained the...  
May 27, 2010
Defendant was indicted on one count of criminal possession of a controlled substance in the third degree following a traffic stop during which a substantial quantity of cocaine was discovered on his person. After his motion to suppress the seized cocaine was denied, defendant pleaded guilty as charged and was sentenced to a prison term of three years and postrelease supervision of two years. He now appeals, focusing solely upon the propriety of County Court's suppression ruling... Deferring to...  
May 27, 2010
On August 25, 2008, while defendant was giving a piggy-back ride to a seven-year-old girl whom he had spent the entire summer babysitting, he slipped his hand under her pants and rubbed her vagina. Less than a week later, he was charged in Bangor Town Court with sexual abuse in the first degree and two counts of endangering the welfare of a child. He subsequently executed a written waiver of indictment in open court, consenting to be prosecuted by a superior court information, and County Court...  
May 27, 2010
In the course of an investigation into a fight wherein an individual was stabbed, defendant made a statement to police in which she admitted to possessing crack cocaine with intent to sell and secreting it in her anal cavity after the fight occurred. Although the plastic bag storing the crack cocaine was retrieved from defendant's person, the crack cocaine was not. Following an unsuccessful attempt to suppress her statement, defendant pleaded guilty to one count of criminal possession of a...  
May 27, 2010
Defendant pleaded guilty to an indictment accusing him of one count of grand larceny in the fourth degree, arising out of an incident in which he sold two horses without their owner's authorization. County Court conducted a hearing to determine the amount of restitution and thereafter sentenced him, as agreed, to a one-year jail term running concurrently to a prison sentence in an unrelated matter, and ordered restitution. Defendant now appeals and we affirm... Initially, defendant's claim of...  
May 27, 2010
Defendant waived indictment and pleaded guilty to a superior court information charging him with criminal possession of a controlled substance in the third degree. Pursuant to the plea agreement, defendant was thereafter sentenced to a term of three years in prison, to be followed by two years of postrelease supervision. Defendant now appeals and we affirm... Defendant's claims that his plea was not entered knowingly, voluntarily or intelligently and that he was denied the effective assistance...  
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