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16 Aug 2018, 6:25 am
If your client has an out-of-state drug prior, you will want to take a close look at overbreadth.- For now, the higher-degree New York offenses, especially 220.39(1) (criminal sale 3rd, narcotic drug) still count.Importantly, Townsend's logic may also apply to 2K2,.1 referencing "controlled substance offenses" or any other Guideline application.Credit for the above belongs to Daniel Habib, a Federal Public Defender in the Eastern and Southern Districts of… [read post]
18 Jan 2013, 3:05 pm
Under NY Correction Law section 168-f(3), a sex offender, sexual predator, or a person "having been given a level three designation must personally verify his or her address with the local law enforcement agency every ninety calendar days after the date of release." [read post]
22 Jul 2013, 9:55 am
This blog entry will specifically address subsection one of First Degree Falsifying Business Records (NY PL 175.10(1)) and how indirect actions or secondary results can still be criminal. [read post]
28 Dec 2015, 5:00 am
Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U], *1). [read post]
16 Feb 2022, 4:59 am
Branch), Inc. v Friedman LLP 2021 NY Slip Op 03411 [195 AD3d 418] June 1, 2021 Appellate Division, First Department a unique theory of damages was considered, and then rejected. [read post]
8 Aug 2013, 2:42 pm
Defendant's removal papers cite all four of his convictions in the following reverse order: First, on 5 November 2009 in Rockland County Court at Brooklyn, NY for the offense of Penal Law (PL) section 220.09 [1], Criminal Possession of Narcotic Drug in the 4 Degree, a class C felony and sentenced to two years. [read post]
7 Jan 2014, 7:15 pm
Wong, 3 Misc. 3d 274, 277 (Crim, Ct., NY County 2004). [read post]
9 Nov 2013, 7:19 pm
NY County 2007)). [read post]
18 Jan 2016, 5:02 pm
Most recently, in People v Wright (2015 NY Slip Op 05621 [25 NY3d 769] [7/1/15]), the Court, citing Oathout, reversed a conviction on a finding that defense counsel's ineffective assistance of counsel deprived the defendant of a fair trial when counsel defense counsel failed to object, time and again, when the prosecutor repeatedly misrepresented to the jury critical DNA evidence as proof of defendant's guilt by suggesting that the evidence directly… [read post]
18 Jan 2016, 5:02 pm
Most recently, in People v Wright (2015 NY Slip Op 05621 [25 NY3d 769] [7/1/15]), the Court, citing Oathout, reversed a conviction on a finding that defense counsel's ineffective assistance of counsel deprived the defendant of a fair trial when counsel defense counsel failed to object, time and again, when the prosecutor repeatedly misrepresented to the jury critical DNA evidence as proof of defendant's guilt by suggesting that the evidence directly… [read post]
1 Dec 2013, 1:59 am
In order to find the defendant guilty of Computer Tampering in the Third Degree, it must be shown that he used or accessed a computer without authorization and "intentionally alter[ed] in any manner or destroys computer data or a computer program of another person" (NY PL 156.20) and, specific to this case, did so "with an intent to commit or attempt to commit or further the commission of any felony" (NY PL 156.25(1)). [read post]
24 Jun 2022, 9:02 pm
Kopec v City of Elmhurst, 193 F3d at 896, 904; Weiner v City College of City Univ. of New York, 1997 WL 381799, *1, *4, 1997 US Dist LEXIS 9705, *2, *13 [SD NY, July 9, 1997, No. 95 Civ 10892 (JFK)]). [read post]
24 Jun 2022, 9:02 pm
Kopec v City of Elmhurst, 193 F3d at 896, 904; Weiner v City College of City Univ. of New York, 1997 WL 381799, *1, *4, 1997 US Dist LEXIS 9705, *2, *13 [SD NY, July 9, 1997, No. 95 Civ 10892 (JFK)]). [read post]
6 Oct 2008, 7:06 pm
In People v Wosu (2008 NY Slip Op 07292 [4th Dept 10/3/08],by a 3-2 vote, the Fourth Department held that it was error for a court to deny a 440.10 motion based on a claim of ineffective assistance of counsel (IAC). [read post]
2 Mar 2010, 8:11 pm
” Halliburton, at *1. [read post]
5 Feb 2012, 2:23 am
In Torres v Our Townhouse, LLC, 2012 NY Slip Op 00418 decided on January 24, 2012 The New York Appellate Division, First Department in a one paragraph decision reversed the denial of plaintiff's motion for partial summary judgment on his Labor Law § 240(1) cause of action and granted the motion. [read post]
30 Jan 2014, 4:00 am
The Education Law §3811(1), said the court, requires the school district defend Teacher in a civil actions arising out of the exercise of his duties and indemnify him from any resulting damages. [read post]
31 Jul 2015, 10:12 am
§ 2319(b)(1). [read post]
11 May 2022, 4:00 am
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
11 May 2022, 4:00 am
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
