Return to New Filings Page


For January 10, 2025 through January 16, 2025, the following preliminary appeal statements were filed:

PEOPLE v ALBA (DARLING) (224 AD3d 461):
APL-2024-00180 1st Dept. App. Div. order of 2/8/24; affirmance; leave to appeal granted by Troutman, J., 12/30/24; Crimes--Whether a waiver of the right to be present at jury-selection sidebar conferences limited to those where jurors want to "talk privately" allows the court to exclude defendant from sidebar conferences where there is no indication that the prospective juror has privacy concerns; whether it is an error of law to refuse a defendant's request to rescind his waiver of the right to be present at jury-selection sidebar conferences before a single juror is questioned, the scope of the sidebar questioning exceeds what had been explained to defendant, and the court offers no reason for its denial; Supreme Court, New York County, convicted defendant, after a jury trial, of attempted burglary in the second degree, and sentenced him, as a second violent felony offender, to a term of five years; App. Div. affirmed.

PEOPLE v SMITH (MARK A.) (228 AD3d 1324):
APL-2024-00181 4th Dept. App. Div. order of 6/14/24; affirmance; leave to appeal granted by Singas, J., 12/30/24; Crimes--Robbery--Whether a defendant charged with first-degree robbery under Penal Law § 160.15 (4) is entitled to a statutory affirmative defense instruction when there is evidence that the defendant used a BB gun to commit the robbery; whether admitting evidence of a second planned robbery erroneously under Molineux was harmless error; County Court, Monroe County, convicted defendant, upon a jury verdict, of robbery in the first degree (Penal Law § 160.15 [4]); App. Div. affirmed.