People v. Small

Appellate Division of the Supreme Court of the State of New York

Dec 30, 2010

Versions:79 A.D.3d 1807

917 N.Y.S.2d 772

inner-thought Expert legal document formatter. Clean, semantic HTML. Three pages of a court document (New York Appellate Division). * Multi-opinion document: It starts with the end of one case, then a full case (`People v. Small`), then another full case (`People v. Thomas`), and starts a third (`People v. Cascio`). * The instructions say: “If the document contains multiple opinions (e.g., end of one case and start of another), convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.” * In this document, `People v. Small` is the first complete case starting on page 1807. `People v. Thomas` follows it. * Wait, the prompt says “the MAIN opinion — the one with a complete case caption and full opinion body.” Usually, in these New York reports, several cases are listed. I will focus on the first full case that starts with a caption: `People v. Small`. * Looking at the OCR/Screenshots: * Page 1807 starts with the end of a previous case (unnamed). * Then: “THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN P. SMALL, JR., III, Appellant. [917 NYS2d 772]—” * This is the start of the first complete case. * Wait, page 1809 also contains a complete case: `People v. Thomas`. * Usually, if there are multiple full cases, I should probably prioritize the first one or the one that takes up the most space. However, typically these tasks expect the first *complete* case. I will convert `People v. Small`. * Case Name: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN P. SMALL, JR., III, Appellant. * Short Name: People v. Small * Citation: 1807 (page number), 917 NYS2d 772 * Court: Cayuga County Court (but the reporter is likely Appellate Division, Fourth Department, based on the judges listed: Centra, J.P., Peradotto, Carni and Sconiers, JJ.). * Date: October 30, 2009 (Judgment date). The appellate decision date isn‘t explicitly on the page, but the citation `917 NYS2d 772` is the reporter. * Docket: Not explicitly provided as a separate No. XX-XXXX, but usually the NYS citation acts as the identifier here. * Start of `People v. Small`: Bottom of page 1807. * Page 1808: Full page. * Page 1809: Top portion (ends with the judges list). * `NY3d 941 [2010]` -> `` (Wait, this is the end of the previous case). * The `People v. Small` case starts after the line separator on page 1807. * `THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN P. SMALL, JR., III, Appellant. [917 NYS2d 772]` * `Appeal from a judgment of the Cayuga County Court (Stephen R. Sirkin, A.J.), rendered October 30, 2009.` * `The judgment convicted defendant, after a nonjury trial, of burglary in the first degree...` * *Self-Correction on “Main Opinion“*: If the PDF contains several distinct cases, the prompt says “convert only the MAIN opinion“. Usually, this means the first full case. I‘ll stick with `People v. Small`. * `Cayuga County Court (Stephen R. Sirkin, A.J.)` -> Judge: Stephen R. Sirkin. * `Centra, J.P., Peradotto, Carni and Sconiers, JJ.` -> These are the appellate judges. * Page 1807 starts at “THE PEOPLE OF THE STATE OF NEW YORK...” * Page 1808 starts after “...rendered October 30, 2009. The judgment” * Page 1809 starts after “...evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).” * “bur- glary” -> “burglary” * “de- fendant” -> “defendant” * “dis- missal” -> “dismissal” * “deter- mina- tion” -> “determination” * “buc- cal” -> “buccal” * “con- tention” -> “contention” * `People v Gray, 86 NY2d 10, 19 [1995]` * `People v Johnston, 71 AD3d 1507, 1508 [2010]` * `People v Danielson, 9 NY3d 342, 349 [2007]` * `People v Bleakley, 69 NY2d 490, 495 [1987]` * `People v Peele, 73 AD3d 1219, 1221 [2010]` * `Matter of Abe A., 56 NY2d 288, 297 [1982]` * `People v Pryor, 14 AD3d 723, 725 [2005]` * `People v White, 211 AD2d 982, 984 [1995]` * `Penal Law § 140.30 [1], [3], [4]` -> `Penal Law § 140.30 [1], [3], [4]` * `§ 265.03 [1] [b]; [3]` -> `§ 265.03 [1] [b]; [3]` * `CPL 470.05 [2]` -> `CPL 470.05 [2]` * Page 1807 is the first page of the target case. * Wait, the judgment was rendered in 2009. The appellate decision citation is 2010/2011 range. * `midpage-case-name`: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN P. SMALL, JR., III, Appellant. * `shortName`: People v. Small * `midpage-citation`: 917 NYS2d 772 * `midpage-court`: N.Y. App. Div. (Fourth Department is the usual home of Cayuga County appeals, and the judges match). * “The judgment convicted defendant...” (bottom of 1807) * “...convicted defendant...” (top of 1808) * “judgment so appealed from is unanimously affirmed.” * “Memorandum: Defendant appeals...” * “Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.” * *Normalization*: `People v Bleakley, 69 NY2d 490, 495 [1987]` -> `cite=“69 NY2d 490” pinpoint=“495” court=“N.Y.” date=“1987“`. * *Short form check*: `People v Gray, 86 NY2d 10, 19 [1995]` -> `cite=“86 NY2d 10“`. * *CPL check*: `CPL 470.05 [2]` is `N.Y. Crim. Proc. Law § 470.05`. * `People v Moreno, 70 NY2d 403, 406 [1987]` * `People v Stevenson, 163 AD2d 854, 854-855 [1990]` * “unlike a lay jury...” blockquote. * “although a jury may tend...” blockquote. * Skip previous case text. * Skip `People v. Thomas`. * Skip `People v. Cascio`. * `People v Johnston, 71 AD3d 1507, 1508 [2010]` * `People v Peele, 73 AD3d 1219, 1221 [2010]` * `Matter of Abe A., 56 NY2d 288, 297 [1982]` * `People v Pryor, 14 AD3d 723, 725 [2005]` * `People v White, 211 AD2d 982, 984 [1995]` * The prompt requires semantic HTML. * Paragraph starting on page 1807 ends on 1808. * Paragraph starting on page 1808 ends on 1809. * `917 NYS2d 772` is the citation. * Case Name: `THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN P. SMALL, JR., III, Appellant.` * Court: `N.Y. App. Div.` * Judge: `Stephen R. Sirkin, A.J.` (Trial judge). * The date of the appellate opinion is likely 2010 given the citations and context, but I will use the judgment date “October 30, 2009” in the metadata if a specific opinion date isn‘t found. Actually, looking at the volume 917 NYS2d, that‘s 2010. * “unlike a lay jury...” quote ends with `(People v Moreno, 70 NY2d 403, 406 [1987])`. This is part of the sentence. * “Although a jury may tend...” quote ends with `(People v Stevenson, 163 AD2d 854, 854-855 [1990])`. * “valid line of reasoning... at trial‘” ends with `(People v Johnston, 71 AD3d 1507, 1508 [2010])`. * “It is hereby ordered that the judgment so appealed from is unanimously affirmed.” is its own paragraph. * “Memorandum: ...” is the main opinion body. * Judges list: `Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.` * “The People of the State of New York, Respondent, v John P. Small, Jr., III, Appellant. [917 NYS2d 772]—” * “Appeal from a judgment of the Cayuga County Court (Stephen R. Sirkin, A.J.), rendered October 30, 2009.” * `[1] [b]; [3]` -> This is a subsection. * `A.J.` -> Acting Justice. * `J.P.` -> Justice Presiding. * `JJ.` -> Justices. * `86 NY2d 10` (Court of Appeals) * `70 NY2d 403` (Court of Appeals) * `163 AD2d 854` (Appellate Division) * `71 AD3d 1507` (Appellate Division) * `9 NY3d 342` (Court of Appeals) * `69 NY2d 490` (Court of Appeals) * `73 AD3d 1219` (Appellate Division) * `56 NY2d 288` (Court of Appeals) * `14 AD3d 723` (Appellate Division) * `211 AD2d 982` (Appellate Division) * `Penal Law § 140.30` * `Penal Law § 265.03` * `CPL 470.05` -> `N.Y. Crim. Proc. Law § 470.05` * `917 NYS2d 772` is from the Fourth Department, 2010. I‘ll use 2010 for the date. * `People v Gray, 86 NY2d 10, 19 [1995]` -> `cite=“86 NY2d 10” pinpoint=“19” court=“N.Y.” date=“1995“` * `id` attribute in tags? “Infer from preceding citation“. * Rejoining “dis- missal” -> “dismissal“. * Rejoining “deter- mina- tion” -> “determination“. * Rejoining “buc- cal” -> “buccal“. * `People v Bleakley, 69 NY2d 490, 495 [1987]` is on page 1808. Marker `` should follow it. 28. **Wait**, there‘s a character ” “ ” on page 1808 before “and placed the gun“. It looks like a typo in the scan or a misplaced quote mark. I‘ll keep it as text if it appears in OCR. OCR says `“ and placed the gun`. Actually, looking at the image, there is a stray quote mark. I will follow the text verbatim. Wait, OCR check: Page 1808: `“ and placed the gun in the victim’s mouth provided a ‘valid line of reasoning and permissible inferences [that] could lead a rational person to the conclusion reached by the [factfinder] on ” the basis of the evidence at trial’ (People v Johnston, 71 AD3d 1507, 1508 [2010]).` The quote marks are definitely weirdly placed. I must follow the prompt‘s rule: “Word order... Do not add, remove, or change ANY words. The text must match the source exactly.” Page 1809: `‘clear indica- ” tion’` -> `clear indication`. The hyphenation logic says rejoin it. Page 1808: `“Unlike a lay jury, a [justice] ‘by reasons of. . . learn ing, experience and judicial discipline, is uniquely capable of distinguishing the issues and of making an objective determina tion’ based upon appropriate legal criteria, despite awareness of facts which cannot properly be relied upon in making the decision” (People v Moreno, 70 NY2d 403, 406 [1987]).` Rejoining `determina tion` -> `determination`. Rejoining `learn ing` -> `learning`. Page 1808: `bur glary` -> `burglary`. Page 1808: `de fendant` -> `defendant`. Page 1809: `Garni` -> Looking at the image, it‘s `Carni`. The OCR says `Garni` but the image says `Carni`. I will correct OCR based on the image (Expert legal formatter role implies accuracy). Page 1809: `seeMatter of AbeA.` -> `see Matter of Abe A.`. OCR missed spaces. Image has spaces. Page 1808: `[1] [bj;` -> OCR error. Image says `[1] [b];`. I will fix that. Case Name: `THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN P. SMALL, JR., III, Appellant.` Short Name: `People v. Small` Docket: Not found. Court: `N.Y. App. Div.` (Appellate Division, Fourth Department) Date: `2010` (from the NYS2d citation year). Citation: `917 NYS2d 772` Judge: `Stephen R. Sirkin, A.J.` Let‘s go.