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For December 5, 2025 through December 11, 2025, the following preliminary appeal statements were filed:

PEOPLE v DAVIS (ANTRELL) (234 AD3d 1356):
APL-2025-00210 4th Dept. App. Div. order of 1/31/25; leave to appeal granted by Garcia, J., 12/4/25; Crimes--Attempt--Whether Penal Law § 265.03 (3) is facially unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]) because the statute does not define the lack of licensure or other disqualifying factors as essential elements of the crime; County Court, Monroe County, convicted defendant, upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]); App. Div. affirmed.

MURRAY v NCAA (234 AD3d 1352):
APL-2025-00208/ APL-2025-00209 4th Dept. App. Div. orders of 1/31/25; sua sponte examination of whether a substantial constitutional question is directly involved in the orders appealed from; Dismissal and Nonsuit--Dismissal of Complaint--Whether plaintiff's action was subject to New York's anti-SLAPP statute and, if so, whether plaintiff sufficiently demonstrated actual malice to avoid dismissal under CPLR 3211(g); Supreme Court, Monroe County, granted the motion of defendant to dismiss the complaint; App. Div. affirmed.

PEOPLE v SMITH (TIMOTHY) (240 AD3d 1218):
APL-2025-00194 4th Dept. App. Div. order of 7/25/25; affirmance; leave to appeal granted by Ogden, J., entered 10/27/25; Crimes--Unlawful Search and Seizure--Whether the police officers' request to frisk and pursuit of defendant were lawful; Crimes--Right to Counsel-- Effective Representation--Whether defendant was deprived of the effective assistance of counsel; County Court, Onondaga County, convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree (two counts); App. Div. affirmed.