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For April 24, 2026 through April 30, 2026, the following preliminary appeal statements
were filed:
PEOPLE v ERBER (MICHAEL) (243 AD3d 804):
APL-2026-00038
2nd Dept. App. Div. order of 11/19/25; affirmance; leave to appeal granted by Halligan,
J., 4/9/26; Crimes--Appeal--Preservation of Issue for Review--Whether a defendant
is required to preserve a challenge to the Attorney General's prosecutorial authority
under Executive Law § 63 (3); Crimes--Larceny--Whether the grand jury evidence
was legally insufficient to establish grand larceny in the second degree, grand
larceny in the third degree, and scheme to defraud in the first degree and whether
insufficiency was cured by legally sufficient evidence at trial; Crimes--Right to
Counsel--Effective Representation--Whether defendant was deprived of the effective
assistance of counsel based on counsel's failure to object that the trial evidence was
legally insufficient; Crimes--Evidence--Whether the court erred in admitting the
prosecution to introduce evidence that defendant may have made false allegations
against one of the complainants; Supreme Court, Kings County, convicted defendant of
grand larceny in the second degree, grand larceny in the third degree (four counts), and
scheme to defraud in the first degree, upon a jury verdict, and imposed sentence; App.
Div. affirmed.
MATTER OF J.L. (245
AD3d 466):
APL-2026-00034
1st Dept. App. Div. order of 1/13/26; affirmance; sua sponte examination of whether any
jurisdictional basis exists for an appeal as of right; Guardian and Ward--Whether the
petition for the appointment of a guardian was properly granted; Supreme Court,
New York County, granted petition for the appointment of a guardian of the person and
property of J.L., also known as J.A., an alleged incapacitated person; App. Div. affirmed.