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A Good Judiciary Law 487 Claim, But Not Much Explanation
8 Feb 2021, 4:57 am by Andrew Lavoott Bluestone
Bianco v Law Offs. of Yuri Prakhin, 2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Department  tells a familiar legal malpractice story. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Third Department Holds That Failure to Effectuate Proper Service of a Motion Deprives the Court of Jurisdiction to Entertain the Motion
24 Apr 2017, 5:48 am by Joel R. Brandes
I–Sheng Li, 129 AD3d 923, 923 [2015]; see Matter of Lydia DD., 94 AD3d at 1386; Bianco v. [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
Circuit Holds That New York Offense of Possession of a Sexual Performance By a Child (N.Y. Penal Law §263.16) Categorically Matches 18 U.S.C §2252(a)(4)(B) and Is an Aggravated Felony Under the INA.
17 Jan 2020, 6:26 am by Colleen Cassidy
In Quito v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
A Divided Panel Of The Second Circuit Upholds A Barebones CCE Indictment That Identifies No Predicate Acts
12 May 2023, 11:09 am by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Five Second Circuit Judges Dissent From Denial Of Rehearing En Banc On Whether RICO Predicate Offenses Must Be Factually Set Forth In The Indictment.
30 Oct 2023, 1:49 pm by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
An Ice and Snow Case to Remind you of Winter
18 Aug 2021, 3:09 am by Andrew Lavoott Bluestone
Lest we forget the snow and ice of winter, here on a lovely August morning, Bianco v Law Offs. of Yuri Prakhin  2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Department brings back the slippery chilly days of January. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Pish-posh to everything we ever knew about litigating discrimination claims
25 Aug 2016, 3:30 am by Eric B. Meyer
Ortiz v. [read post]
The Employer Handbook - http://www.theemployerhandbook.com/
Pish-posh to everything we ever knew about litigating discrimination claims
25 Aug 2016, 3:30 am by Eric B. Meyer
Ortiz v. [read post]
The Employer Handbook - http://www.theemployerhandbook.com/
[Eugene Volokh] Minnesota Order Banning "False or Defamatory Statements" Limited to Knowingly False And Defamatory Statements
17 Oct 2020, 5:01 am by Eugene Volokh
{Citing State v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A prior conviction under N.Y. Penal Law § 130.50(3) (1965) categorically “relates to” the sexual abuse of a minor, justifying the sentencing enhancements (for child pornography offenses) of 18 U.S.C. § 2252A(b)(1) and (b)(2) — which aren’t unconstitutionally vague. United States v. Ragonese, No. 20-3371-cr, __F.4th__ , 2022 WL 3903437 (2d Cir. Aug. 31, 2022) (Sack, Lynch, and Bianco, Circuit Judges).
6 Sep 2022, 10:07 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Marijuana distribution is still a violation of 21 U.S.C. § 841(a)(1). The Second Circuit REJECTS the argument that marijuana’s inclusion in Schedule I of the Controlled Substance Act (“CSA”) lacks a rational basis and thus violates Fifth Amendment due process and equal protection rights. United States v. Green, Nos. 19-997(L), 19-1027 (Con), __F.4th__ , 2022 WL 3903654 (2d Cir. Aug. 31, 2022) (C.J.J. Sack and Bianco; D.J. Underhill).
2 Sep 2022, 11:01 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
The “realistic probability” test has no role to play in the “categorical approach” when a state statute on its face is broader than the federal definition.
5 Jun 2020, 7:33 am by Edward S. Zas
In Williams v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Drug-distribution premises sentencing enhancement applies to dealing drugs from premises formerly used as residence
6 Sep 2023, 2:58 pm by Kendra Hutchinson
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit: Witness Retaliation, 18 U.S.C. § 1513(b)(1), Does Not Require Proof That The Defendant Knew The Federal Nature Of The Proceeding In Which The Witness Testified.
21 Apr 2020, 12:06 pm by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit Affirms 18 U.S.C. § 115(a)(1)(B) Conviction And Sentence For Defendant Who Posted “Kill Your Senators” Video Online
20 Sep 2023, 10:25 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
A post-sentencing examination of previously seized electronic data does not violate the Fourth Amendment. And the subsequent prosecution of the defendant for producing child pornography – based on evidence discovered in that examination – is not barred by the prior plea agreement concerning his conviction for possessing child pornography.
29 Feb 2024, 11:50 am by Yuanchung Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Circuit considers several summation misconduct claims, affirms in summary orders
9 May 2023, 11:11 am by Kendra Hutchinson
  During the main summation and rebuttal of United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Under 18 U.S.C. § 3582(c)(2), district courts may not reduce a sentence below the bottom of the amended Guidelines range based on a § 5G1.3(b) adjustment at the original sentencing.
4 Jun 2020, 12:00 am by Edward S. Zas
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Eligibility for First Step Act relief depends on the statutory offense for which a defendant was sentenced, not the “actual conduct.”
6 Jun 2020, 12:41 pm by Edward S. Zas
” The question in United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Some Blackletter Law on CPLR 3211 Motions and Judiciary Law 487
6 Oct 2021, 5:26 am by Andrew Lavoott Bluestone
Although the Appellate Division did not really link the case facts to the blackletter law, Bianco v Law Offs. of Yuri Prakhin  2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Departmentis worthwhile reading for the discussion of burdens in a CPLR 3211 setting and the basic definition of a Judiciary Law § 487 claim. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/