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30 Sep 2011, 3:02 pm by Brian Shiffrin
The Appellate Division, Fourth Department, in People v LaVilla (4th Dept 8/30/11) has again held that an exception to the general rule that cannot be appealed as of right is when the restitution hearing was bifurcated from sentencing:“[a]s a general rule, a defendant may not appeal as of right from a restitution order in a criminal case . . . [read post]
23 Mar 2010, 6:19 pm by Brian Shiffrin
" The failure of the court to apprehend the extent of its discretion deprived defendant of the right to be sentenced as provided by law' " (People v Schafer, 19 AD3d 1133). [read post]
22 Feb 2008, 4:40 pm
  The Obama campaign can say what they will, but anyone who knows many left wing people knows she meant what she said: This is the first time she was proud of her country. [read post]
12 Dec 2008, 7:31 pm
Under these circumstances, when the time period charged, namely seven months, approaches the nine-month period found to be per se unreasonable in People v Beauchamp (74 NY2d 639; see People v Sedlock, 8 NY3d at 538), the People are subjected to "proportionally heightened scrutiny" as to whether their inability to provide more precise times is justified (id at 539). [read post]
4 Dec 2021, 9:54 am by Alicia Maule
The post Christina Swarns Exposes Risk of A Right to Fair Trial in New York Times on SCOTUS Case Shinn v. [read post]
25 Aug 2013, 8:53 am by Howard Friedman
 Nothing illustrates this as vividly as last week's 7th Circuit opinion by Chief Judge Frank Easterbrook in Mutawakkil v. [read post]
20 Nov 2012, 10:04 am
Interflora British Unit v Marks and Spencer PLC Flowers Direct Online Limited [2009] EWHC 1095 (Ch). [read post]