Traffic Stops: People v. Lang

Town of Parma Justice Court — Hilton’s Curfew Law — Constitutionality: People v. Liccione

By Daily Record Staff
POSTED: April 10, 2013
Tags: constitutionality, Hilton’s Curfew Law, Town of Parma Justice Court

Town of Parma Justice Court Hilton’s Curfew Law — Constitutionality Government Interest — Due Process People v. Liccione 12060117 Justice Sciortino Background: The defendant was charged with violating Chapter 5 of the Hilton Village Law, Local Law #9 1991, Section 5-3, entitled “Curfew Law.” It was alleged that the defendant was found on the street [...]

Brighton Town Court — Using a Cell Phone While Operating a Motor Vehicle: People v. Welch

By Daily Record Staff
POSTED: March 11, 2013
Tags: Brighton Town Court, Using a Cell Phone While Operating a Motor Vehicle

Brighton Town Court, Monroe County Using a Cell Phone While Operating a Motor Vehicle Siri iPhone Application People v. Welch February 20, 2013 Judge Morris Background: The defendant was charged with using a cell phone while operating a motor vehicle without a hands free device. The arresting officer testified that he observed the defendant holding [...]

Brighton Town Court — Cell phone Use in Vehicle: People v. Winterhawk

By Daily Record Staff
POSTED: March 10, 2013
Tags: Brighton Town Court, Cell phone Use in Vehicle

Brighton Town Court Cell phone Use in Vehicle Traffic Stop People v. Winterhawk February 20, 2013 Judge Morris Background: The defendant was charged with using a cell phone while operating a motor vehicle in violation of the Vehicle and Traffic Law. The defendant was observed talking on a cell phone while stopped at a traffic light. [...]

Decision of Interest — Onondaga County Family Court: Matter of S.P. v. G.S.

By Daily Record Staff
POSTED: September 9, 2012
Tags: Decision of Interest, Onondaga County Family Court

Onondaga County Family Court Federal and State Law Subpoena of Veteran Affairs Physician Matter of S.P. v. G.S. Justice Hanuszczak Background: The father filed a petition seeking an order granting primary physical custody of a child and a schedule for parental access to the mother; the mother cross-petitioned for sole-custody. A temporary order was placed [...]

Webster Town Court — Legally Sufficient Accusatory: People v. Williams

By Daily Record Staff
POSTED: August 31, 2012
Tags: Legally Sufficient Accusatory, Webster Town Court

Webster Town Court Legally Sufficient Accusatory Misdemeanor Information — Supporting Deposition People v. Williams 12030151 Justice DiSalvo Background: The defendant was charged with one count of petit larceny for allegedly taking property from a local Kmart store. The information consisted of a misdemeanor complaint signed by a police officer with a supporting deposition of a Kmart [...]

Webster Town Court — Common Law DWI: People v. Niedermeier

By Daily Record Staff
POSTED: February 22, 2012
Tags: BAC of .06 percent, Common Law DWI, Webster Town Court

Webster Town Court Common Law DWI BAC of .06 percent People v. Niedermeier 11100141 Justice DiSalvo Background: The defendant was found trapped in her vehicle as a result of a collision when she swerved off the right side of the road. The defendant appeared to be intoxicated and was arrested. The simplified traffic informations charged [...]

Webster Town Court — DWI: People v. Valder

By Daily Record Staff
POSTED: January 3, 2012
Tags: DWI, Ineffective Assistance of Counsel, Meaningful Representation, Webster Town Court

Webster Town Court DWI Ineffective Assistance of Counsel — Meaningful Representation People v. Valder 10120322 Justice DiSalvo Background: In 2008 the defendant had pled guilty to Common Law Driving While Intoxicated that satisfied a number of other charges he received the night of his arrest, including a charge for resisting arrest. After his arraignment, the [...]

Superseding Information: People v. Porter

By Daily Record Staff
POSTED: October 13, 2011
Tags: City Court, Geneva, Superseding Information, Timeliness

City Court, Geneva Superseding Information Timeliness People v. Porter Judge Buckley Background: The defendant, charged with assault in the third degree, moved to preclude the identification testimony because the people failed to timely serve notice of any testimony regarding the identification of a witness. The prosecution argued that the defendant should be arraigned on the amended [...]

Speeding: People v. Palermo

By Daily Record Staff
POSTED: October 12, 2011
Tags: City Court, City of Geneva, probable cause, Speeding

City Court, City of Geneva Speeding Probable Cause People v. Palermo Justice Buckley Background: The defendant was charged with DWI and speeding on the property of Hobart William Smith Campus. The defendant challenged the probable cause for the stop of his vehicle and his subsequent arrest. At the hearing the arresting officer testified that, while [...]

Vehicle & Traffic Law: People v. Lloyd

By Daily Record Staff
POSTED: July 15, 2011
Tags: Justice Court of Webster, probable cause, Vehicle & Traffic Law

Justice Court of Webster Vehicle & Traffic Law Probable Cause People v. Lloyd 10110028 Justice DiSalvo Background: The defendant was arrested when a police officer observed the defendant’s vehicle change lanes without using her turn signal. The defendant was charged with improper or unsafe turn/without a turn signal, operating with a mobile cell phone, per [...]

Appeals: People v. Bartholomew

By Daily Record Staff
POSTED: March 16, 2011
Tags: appeals, Broome County Court, Extension of Time, Perfection

Broome County Court Appeals Perfection — Extension of Time People v. Bartholomew 2011 N.Y. Slip Op. 21085 Appealed from Binghamton City Court Background: The defendant appeals from the decision denying a motion pursuant to Criminal Procedure Law Article 440 entered in the City of Binghamton Court on July 10, 2009. On Aug. 7, 2009, the [...]