Select Unpublished Opinions
of the
Appellate Term, 9th & 10th Judicial Districts
(arranged by issue)
Click on the title of the case to go to the text of that case.
Accusatory Instruments (Conversion to Information)
People v. Breland (Milton), Case No. 97-1489 N CR (App. Term, 9th & 10th Jud. Dists. May 20, 1999)- Agreement by court on the record to annex supporting deposition is not the equivalent of a filing, and accusatory instrument was not thereby
converted to an information.
- Accusatory Instruments (Basis of Deponent's Knowledge)
People v. Bartkow (John), Case No. 98-1563 N CR (App. Term, 9th & 10th Jud. Dists. Mar. 23, 2000)
- Bail Jumping instrument dismissed for failure to state whether factual allegations were based on personal knowledge or information and belief.
- Accusatory Instruments (Factual Allegations)
People v. Galvin (Thomas), Case No. 94-791 N CR (App. Term, 9th & 10th Jud. Dists. December 4, 1995)
- Criminal contempt instrument dismissed for failure to allege defendant had knowledge of order of protection at the time of the acts charged.
- People v. Garguilo (Carol Ann), Case No. 94-70 N CR (App. Term, 9th & 10th Jud. Dists. Oct. 21, 1996)
- Assault (Third Degree) instrument dismissed for failure to sufficiently establish requisite element of physical injury.
- People v. Glenn (Michael), Case No. 98-1080 N CR (App. Term, 9th & 10th Jud. Dists. December 17, 1999)
- Reckless Endangerment & Resisting Arrest instruments dismissed as factually insufficient.
- People v. Jean-Mary (Liautaud), Case No. 93-1297 N CR (App. Term, 9th & 10th Jud. Dists. March 15, 1995)
- Criminal contempt instrument dismissed for failure to allege defendant had knowledge of order of protection at the time of the acts charged.
- People v. Jones (Kenneth), Case No. 98-1485 N CR (App. Term, 9th & 10th Jud. Dists. March 23, 2000)
- Disorderly conduct instrument deemed sufficient.
- People v. Roestenberg (Harry), Case No. 95-633 N CR (App. Term, 9th & 10th Jud. Dists. December 27, 1996)
- Aggravated Harassment instrument dismissed for failure to factually allege every element of offense; Criminal Contempt instrument dismissed for
failure to allege defendant had knowledge of order of protection at the time of the acts charged.
- People v. Savoia (Cynthia), Case No. 95-1344 N CR (App. Term, 9th & 10th Jud. Dists. July 9, 1997)
- Obstructing governmental administration instrument dismissed for failure to sufficiently allege "official function" being obstructed and for
hearsay nature of factual allegations.
- People v. Shaw (Teresa), Case No. 2001-1491 N CR (App. Term, 9th & 10th Jud. Dists. October 10, 2002)
- Aggravated harassment instrument dismissed for failure to allege basis of complainant's belief caller was person he knew to be defendant.
- Assault
People v. Garguilo (Carol Ann), Case No. 94-70 N CR (App. Term, 9th & 10th Jud. Dists. Oct. 21, 1996)
- Assault (Third Degree) instrument dismissed for failure to sufficiently establish requisite element of physical injury.
Bail Jumping
People v. Bartkow (John), Case No. 98-1563 N CR (App. Term, 9th & 10th Jud. Dists. Mar. 23, 2000)
Bail Jumping instrument dismissed for failure to state whether factual allegations were based on personal knowledge or information and belief.
Criminal Contempt
People v. Galvin (Thomas), Case No. 94-791 N CR (App. Term, 9th & 10th Jud. Dists. December 4, 1995)
Accusatory instrument charging criminal contempt dismissed for failure to allege defendant had knowledge of order of protection at the time of
the acts charged.
- People v. Jean-Mary (Liautaud), Case No. 93-1297 N CR (App. Term, 9th & 10th Jud. Dists. March 15, 1995)
- Accusatory instrument charging criminal contempt dismissed for failure to allege defendant had knowledge of order of protection at the time of
the acts charged.
- People v. Roestenberg (Harry), Case No. 95-633 N CR (App. Term, 9th & 10th Jud. Dists. December 27, 1996)
- Accusatory instrument charging criminal contempt dismissed for failure to allege defendant had knowledge of order of protection at the time of
the acts charged.
- People v. White (Raymond), Case No. 96-350 N CR (App. Term, 9th & 10th Jud. Dists. October 16, 1998)
- Accusatory instrument charging criminal contempt dismissed for failure to allege defendant had knowledge of order of protection at the time of
the acts charged.
Defendant's Right to Be Present at all Material Stages of Trial
People v. Taylor (Pernorris), Case No. 99-605 N CR (App. Term, 9th & 10th Jud. Dists. April 2, 2001)
Right to be present not violated when court, in defendant's absence, instructed jury to break for lunch and advised panel not to discuss case;
deemed a ministerial act unrelated to substantive legal or factual issues.
Defendant's Right to Testify
People v. Ciapetta (Noel), Case No. 97-212 N CR (App. Term, 9th & 10th Jud. Dists. November 4, 1998)
Court abused its discretion in denying defendant's post-summation request to testify without making any inquiry.
Disorderly Conduct
People v. Jones (Kenneth), Case No. 98-1485 N CR (App. Term, 9th & 10th Jud. Dists. March 23, 2000)
Disorderly conduct instrument deemed sufficient; trial evidence sufficient.
Evidence
People v. Woods (Anthony), Case No. 90-78 N CR (App. Term, 9th & 10th Jud. Dists. May 22, 1991)
No error where court permits prosecutor to read factual portion of accusatory instrument to jury provided the court instructs jury that the
instrument is no more than an accusation and has no evidentiary value.
- People v. Hager (Karl), Case No. 96-1185 N CR (App. Term, 9th & 10th Jud. Dists. March 27, 1998)
- Judge presiding over a bench trial is presumed not to have been prejudiced by evidence of defendant's prior bad acts.
- People v. Harper (Michael), Case No. 97-570 N CR (App. Term, 9th & 10th Jud. Dists. March 11, 1999)
- Defendant's testimony that he does not "do drugs" opened the door to prosecutor questioning him about a conviction of possession of a controlled
substance previously excluded at Sandoval hearing.
Guilty Pleas
People v. Cerullo (Martin), Case No. 98-1202 N CR (App. Term, 9th & 10th Jud. Dists. December 17, 1999)
Court erred in failing to honor its commitment to allow defendant to withdraw guilty plea when it imposed a maximum sentence.
Harassment & Aggravated Harassment
People v. Shaw (Teresa), Case No. 2001-1491 N CR (App. Term, 9th & 10th Jud. Dists. Oct. 10, 2002)
Aggravated harassment instrument dismissed for failure to allege basis of complainant's belief caller was person he knew to be defendant.
Bail Jumping
People v. Bartkow (John), Case No. 98-1563 N CR (App. Term, 9th & 10th Jud. Dists. Mar. 23, 2000)
Bail Jumping instrument dismissed for failure to state whether factual allegations were based on personal knowledge or information and belief.
Jury Selection
People v. Parasher (Puneet), Case No. 2000-261 N CR (App. Term, 9th & 10th Jud. Dists. November 19, 2001)
Where prospective juror was unable to state unequivocally that she could render a verdict based solely on the evidence, defendant's challenge for
cause should have been granted.
Mistrials
People v. Lozada (Cynthia Ashe), Case No. 95-1062 N CR (App. Term, 9th & 10th Jud. Dists. October 24, 1997)
Antommarchi violation regarding alternate jurors does not require a mistrial, given that the trial could have proceeded without the alternates.
Obstructing Governmental Administration
People v. Savoia (Cynthia), Case No. 95-1344 N CR (App. Term, 9th & 10th Jud. Dists. July 9, 1997)
Accusatory instrument charging obstructing governmental administration dismissed for failure to sufficiently allege "official function" being
obstructed and for hearsay nature of factual allegations.
Probation
People v. Yates (Jennifer), Case No. 98-480 N CR (App. Term, 9th & 10th Jud. Dists. July 19, 1999)
Analysis of procedural rules governing hearings on probation violations.
Prosecutor's Duties & Misconduct
People v. Galvin (Thomas), Case No. 96-1276 N CR (App. Term, 9th & 10th Jud. Dists. September 5, 1998)
Prosecutors have an affirmative duty to correct false testimony by prosecution witnesses.
- People v. White (Raymond), Case No. 96-350 N CR (App. Term, 9th & 10th Jud. Dists. October 16, 1998)
- Defendant denied a fair trial by prosecutorial goading and comments to the effect that he was calling the police officers who testified on behalf of
the People "liars."
Reckless Endangerment
People v. Glenn (Michael), Case No. 98-1080 N CR (App. Term, 9th & 10th Jud. Dists. December 17, 1999)
Reckless Endangerment instrument dismissed for failure to sufficiently allege danger of "serious physical injury."
Remedy on Appeal
People v. Cerullo (Martin), Case No. 98-1202 N CR (App. Term, 9th & 10th Jud. Dists. December 17, 1999)
Upon reversal of conviction, where defendant has completed serving his or her sentence, dismissal is the appropriate remedy.
- People v. Galvin (Thomas), Case No. 94-791 N CR (App. Term, 9th & 10th Jud. Dists. December 4, 1995)
- Upon reversal of conviction, where defendant has completed serving his or her sentence, dismissal is the appropriate remedy.
- People v. Galvin (Thomas), Case No. 96-1276 N CR (App. Term, 9th & 10th Jud. Dists. September 5, 1998)
- Upon reversal of conviction, where defendant has completed serving his or her sentence, dismissal is the appropriate remedy.
- People v. White (Raymond), Case No. 96-350 N CR (App. Term, 9th & 10th Jud. Dists. October 16, 1998)
- Upon reversal of conviction, where defendant has completed serving his or her sentence, dismissal is the appropriate remedy.
Resisting Arrest
People v. Glenn (Michael), Case No. 98-1080 N CR (App. Term, 9th & 10th Jud. Dists. December 17, 1999)
Resisting Arrest instrument dismissed for failure to factually allege basis of underlying lawful arrest.
Scheme to Defraud
People v. Arcarola (Frank), Case No. 97-337 N CR (App. Term, 9th & 10th Jud. Dists. Dec. 29, 1998)
Legal sufficiency of trial evidence of Scheme to Defraud in the Second Degree.
Waiver of Right to Appeal
People v. Jacobsen (Rune), Case No. 98-2 N CR (App. Term, 9th & 10th Jud. Dists. Dec. 17, 1999)
Plea waiver of right to appeal not knowing or voluntary when sentencing court makes an upward departure from promised sentence.
- People v. Lyon (Daniel), Case No. 97-1302 N CR (App. Term, 9th & 10th Jud. Dists. December 21, 1998)
- Plea waiver of right to appeal ineffective where court failed to make inquiry as to whether waiver was knowing and voluntary.
Additional unpublished Appellate Term criminal cases will be added to this page frequently. Check back often!
