Two men wearing masks and wielding a handgun pushed their way into an apartment, tied up the two female occupants, threatened to kill them, demanded money at gunpoint and ransacked the apartment. Finding no money and taking a red cellular phone from one of the victims, the men left the apartment, only to be immediately surrounded by police. One of the men, later identified as Rory Pinto, was quickly taken into custody. The other man fled and, while being pursued by police, he was observed...  

MEMORANDUM AND ORDER... Defendant pleaded guilty to sexual abuse in the first degree and was sentenced as negotiated to four years in prison and five years of postrelease supervision. Defendant appeals... Appellate counsel for defendant seeks to be relieved of his assignment on the basis that there are no nonfrivolous issues to be advanced on appeal. Based upon our review of the record, we disagree. We find that there is at least one issue of arguable merit relating to the voluntariness of...  

Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered December 11, 2006, upon a verdict convicting defendant of the crimes of manslaughter in the second degree, attempted assault in the first degree, reckless endangerment in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts) and assault in the second degree... The crimes for which defendant stands convicted stem from four...  

MEMORANDUM AND ORDER... Defendant pleaded guilty to burglary in the second degree with the understanding that he would be sentenced to a determinate term of imprisonment of no less than seven years and no greater than 10 years, along with a three-year period of postrelease supervision. County Court thereafter sentenced defendant to nine years in prison and three years of postrelease supervision... Defendant's sole argument on this appeal is that the sentence imposed was harsh and excessive. We...  

In 2003, defendant pleaded guilty to sodomy in the first degree and two counts of endangering the welfare of a child. He was sentenced to a negotiated term of six months in jail and 10 years of probation. In 2007, defendant was charged with violating the conditions of his probation that required him to maintain full-time verifiable employment, report as directed to his probation officer, fully cooperate with sex offender counseling and notify his probation officer when he established any...  

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered October 4, 2007, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, attempted assault in the first degree, criminal possession of a weapon in the second degree, reckless endangerment in the first degree and assault in the second degree... Defendant was charged by indictment with attempted murder in the second degree, attempted assault in the first degree, criminal...  

Admitting that he transmitted a sexually graphic image from his computer to a person whom he believed to be a 14-year-old girl, defendant pleaded guilty to attempted disseminating indecent material to minors in the first degree. As part of his plea, defendant waived his right to appeal. County Court thereafter sentenced defendant to 180 days in jail and 10 years of probation, to be served concurrently. The court expressly noted that a condition of defendant's probation would be that defendant...  

Following defendant's plea of guilty to the crime of criminal possession of a weapon in the third degree, County Court sentenced him, as a second felony offender, to 2 to 4 years in prison and ordered restitution in the amount of $1,995. On appeal, defendant first contends that he was not properly sentenced as a second felony offender in that the People's predicate felony offender statement did not strictly conform with CPL 410.21. We do not agree. As an initial matter, we note that defendant...  

Two men wearing masks and wielding a handgun pushed their way into an apartment, tied up the two female occupants, threatened to kill them, demanded money at gunpoint and ransacked the apartment. Finding no money, but taking a red cellular phone from one of the victims, the men left the apartment and found themselves immediately surrounded by police. One of the men, later identified as defendant, was quickly arrested. The other man, later identified as Omar Perkins, escaped, but he was soon...  

Respondent Justin S. (hereinafter the father) is the father of the subject child (born in 2005). In January 2006, the father consented to a finding of neglect against him based upon his failure to provide for the child's safety and well-being and, upon such finding, to a suspended judgment. As a result, a suspended judgment was imposed by Family Court that included, among others, conditions that required him to maintain a stable residence, allow access to his residence for inspection by...  

MEMORANDUM AND ORDER... Petitioner commenced this proceeding alleging that respondent committed acts which, if committed by an adult, would have constituted the crimes of assault in the third degree and resisting arrest. The charges stem from an incident in which respondent and two others physically attacked another young woman, and then subsequently attempted to thwart a police officer's attempts to arrest respondent. After admitting that she perpetrated the acts alleged, respondent was...  

Petitioner and respondent were divorced in 2000, at which time the parties shared joint legal custody of their three children (born in 1991, 1993 and 1995) and petitioner had primary physical custody of the children. By orders of the Family Court of Rensselaer County (Cholakis, J.) entered in February 2004 and March 2005, primary physical custody of the three children was ultimately transferred to respondent. The 2005 order continued joint legal custody, provided petitioner with visitation...  

In July 2006, petitioner received two hotline telephone calls reporting that respondent and his wife were abusing heroin while caring for their two children (born in 1998 and 2004). Following an investigation and respondent's failure to comply with drug screens, as well as his dismissal from a recommended drug treatment program for noncompliance, petitioner commenced this proceeding, alleging that respondent neglected the children. A fact-finding hearing was held, during which respondent and...  

Respondent appeals from Family Court's August 2007 order which approved petitioner's permanency plan with a goal to free respondent's daughter for adoption. Based on the court's March 2008 order approving a subsequent permanency plan, this appeal is moot (see Matter of Shontae R., 48 AD3d 1006, 1006 [2008]; see also Matter of Kila DD., 34 AD3d 1168, 1169 [2006]; Matter of Jolyssa EE., 28 AD3d 824, 825 [2006]; Matter of Lisa Z., 276 AD2d 853, 853 [2000]). As no exception to the mootness doctrine...  

Petitioner and respondent are the parents of a daughter (born in 1996). Respondent also has at least four other children (three daughters and a son), of whom petitioner is not the biological father. In February 1999, respondent admitted to certain acts of neglect with respect to the parties' child and three of her other daughters in satisfaction of pending abuse and neglect petitions pursuant to Family Ct Act article 10. Specifically, she admitted that two of her other daughters were sexually...  

Petitioner is the father of a daughter (born in 2002) who resides with her mother1. In August 2007, petitioner filed two family offense petitions seeking orders of protection in favor of the child against respondents one against respondent Beth Ackey, the child's maternal aunt (hereinafter the aunt), and one against respondent Edward Ackey, the aunt's husband (hereinafter the uncle) alleging that they had both committed acts that constituted reckless endangerment of the child. Specifically, the...  

Respondent (born in 1992) has been committed to the care and custody of the Delaware County Department of Social Services (hereinafter DSS) since August 2003. In January 2006, respondent's foster mother allegedly observed him engaging in certain sexual contact with her four-year-old daughter. The following day, respondent's DSS caseworker brought respondent to DSS for questioning by the police. After respondent and the caseworker were advised of respondent's Miranda rights and agreed to waive...  

Defendant pleaded guilty to attempted disseminating indecent materials to minors in the first degree, and was thereafter sentenced by County Court to 180 days in jail and 10 years of probation, to be served concurrently (___ AD3d ___ [2008] [decided herewith]). After an initial risk level determination was made by the court pursuant to the Sex Offender Registration Act (Correction Law art 6-C), that determination was vacated because defendant was not provided with the statutorily required...  

Plaintiff commenced this action in February 2003 seeking equitable relief and monetary damages as a result of road work done by defendants on a portion of disputed real property, which plaintiff claims is his private property and defendants contend is a public road. The disputed property is a portion of a road known as Ellsworth Avenue in the Village of Fleischmanns, Delaware County and the Town of Middletown, Delaware County. Plaintiff alleged a "pattern of trespassing" by defendants...  

By order entered September 28, 2007, Family Court, among other things, granted petitioner's application to terminate the therapeutic visitation/parenting time between respondent and the parties' two sons. That order was entered upon consent and resolved various petitions then pending between the parties. This appeal by petitioner ensued... Petitioner's counsel seeks to be relieved of her assignment upon the ground that there are no nonfrivolous issues to be pursued on appeal (see Anders v...