Criminal

First Department affirms second violent felony offender sentence, holding defendant waived Erlinger challenge to tolling determination by declining to deny predicate felony statement allegations.

First Department strikes multiple boilerplate probation conditions as unrelated to rehabilitation of defendant convicted of biting an EMT, including gang, drug testing, and employment requirements.

The Second Department reversed dismissal of a robbery indictment, finding sufficient evidence of acting in concert where the defendant facilitated an armed robbery by driving accomplices and luring the victim.

The Second Department affirmed a level two SORA designation for possession of child sexual abuse images, finding the drug abuse risk factor was supported and a downward departure was not warranted.

The Second Department struck a probation condition requiring payment of a mandatory surcharge and fees, holding it was not reasonably related to the defendant’s rehabilitation.

The Second Department affirmed a second-degree murder conviction, finding that homicidal intent could be inferred from a close-range gunshot with the muzzle pointing toward the victim’s torso and vital organs.

Appellate Division affirms sentence and denial of CPL 440.20 motion, finding defendant waived Erlinger argument by admitting to tolling periods in predicate felony offender statement.

Appellate Division affirms robbery conviction, holding victim’s 911 call during pursuit of robbers was properly admitted as excited utterance, and affirms resentence as second violent felony offender.

Appellate Division affirms murder conviction and denial of CPL 440.10 motion, finding valid appeal waiver and failure to present nonrecord evidence for hearing.

Appellate Division examines validity of appeal waiver and legality of parole search based on tip that led to discovery of cocaine hidden in kitchen ceiling.

Appellate Division affirms sentence after guilty plea, finding valid appeal waiver bars challenge to negotiated sentence despite intervening arrest on new charges.

Appellate Division affirms conviction and denial of CPL 440.10 motion, finding valid appeal waiver foreclosed claims and movant failed to present nonrecord evidence for hearing.

Appellate Division affirms denial of suppression motion, finding emergency doctrine justified warrantless entry after 911 report of shooting and physical evidence of firearm discharge from defendant’s apartment.

Appellate Division affirms level three SORA adjudication, holding that supervision and treatment factors already accounted for by risk assessment instrument cannot support downward departure.