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 [...]
Traffic Stops: People v. Lang
By Daily Record Staff
POSTED: February 28, 2011
Tags: probable cause, Traffic stops, Webster Town Court
Webster Town Court Traffic Stops Probable Cause People v. Lang 10090892 Judge DiSalvo Background: The defendant was charged with having Inadequate Plate Lamps, VTL 375(2)(A)(4), Driving While Intoxicated, VTL 1192(3) and Refusal to Take a Breath Test 1194(4) on Sept. 26, 2010 at about 1:13 a.m. He was arraigned by Judge David T. Corretore at [...]
Speedy Trial: People v. Cassidy
By Daily Record Staff
POSTED: February 23, 2011
Tags: Henrietta Town Court, Speedy trial
Henrietta Town Court Speedy Trial People v. Cassidy 10080230 Judge Sciortino Background: The defendant was charged with obstructing governmental administration in July 2010 for calling his wife at home while in police custody and advising her not to surrender a rifle to the sheriff’s office. Allegedly, the defendant did this knowing that the rifle was [...]
Negligence: Wilcox v. Perkins
By Daily Record Staff
POSTED: February 8, 2011
Tags: animals, negligence, Owner’s Liability, Webster Town Court
Webster Town Court Negligence Animals — Owner’s Liability Wilcox v. Perkins No. 10100053.1 2011 WL 293712 Judge DiSalvo Background: On Sept. 29, 2010, the defendants’ dog, “Gomer”, a coonhound mix that had been adopted a year earlier from the Humane Society’s Lollypop Farm, attacked the plaintiffs’ small dog, “Pookie.” The plaintiffs and defendants were neighbors [...]
Zoning: People v. Marianetti
By Daily Record Staff
POSTED: December 9, 2010
Tags: Criminal or Civil Penalties, Preexisting Uses, Webster Town Court, Zoning
Webster Town Court Zoning Preexisting Uses — Criminal or Civil Penalties People v. Marianetti 10070149 Judge DiSalvo Background: The defendant was charged with violating Webster Town Code Section 225.48.1(A), which proscribes illegally maintaining a “Portable Storage Container,” in this case an A-Verdi dtorage container. The defendant is the owner of the property located at 1813 [...]
Municipal Codes: People v. Atlas General Contractors Inc.
By Daily Record Staff
POSTED: February 12, 2010
Henrietta Town Court Municipal Codes Statutory Construction — Intent People v. Atlas General Contractors Inc. 09110560.01 Judge Piampiano Background: An information, issued by Town of Henrietta Code Enforcement Officer, Steve Wagor, states that five vehicles were observed at 100 Oak Mills Crossing, in the Town of Henrietta, on Oct. 16, 2009, at 7:15 a.m. The [...]
