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NY Senate confirms GOP ex-prosecutor for top court
ALBANY — The New York Senate on Monday confirmed former U.S. Attorney Michael Garcia to the state’s highest court. Garcia, partner at a New York City law firm, was the top federal prosecutor in Manhattan from 2005 to 2008. He’s a Republican whose office’s investigation into a prostitution ring led to the 2008 resignation of […]
39 judges certified to stay on the bench past 70
Dozens of judges across New York state were recently certified to stay on the bench past the age of 70. Most judges in the state must retire at the end of the year in which they turn 70. But Court of Appeals and state Supreme Court justices can stay on for at least two years, […]
Second Circuit affirms Tonawanda Coke convictions
The U. S. Attorney’s Office announced Monday that the U.S. Court of Appeals for the Second Circuit has affirmed the 2013 convictions and sentence of the Tonawanda Coke Corp. for environmental pollution. Tonawanda Coke was convicted of 11 counts of violating the Clean Air Act and three counts of violating the Resource Conservation and Recovery […]
Justice Whalen to lead Fourth Department
The office of Gov. Andrew M. Cuomo has announced the appointment of the Hon. Gerald J. Whalen as Presiding Justice for the Appellate Division, Fourth Department. He replaces Justice Henry Scudder, who has reached mandatory retirement age. Justice Whalen was elected New York State Supreme Court Justice in 2005 in the 8th Judicial District, and […]
Pro bono attorney plays Santa to his client
For attorney Jeremy Peterman, People v Mark A. Smith was his first criminal case. But he was more than an appeals lawyer for his pro bono client. After winning his appeal, Peterman turned into Santa Claus. He got Smith out of prison and home to Rochester the very next day — on Christmas Eve. Smith, […]
Fantasy sites ask NY court to allow operations amid appeal
NEW YORK — Fantasy sports sites DraftKings and FanDuel have asked a state court to allow them to continue operating in New York as they appeal a lower court judge’s order to stop. In court papers filed Monday in the State Supreme Court Appellate Division in Manhattan, the companies argued their businesses would suffer greatly […]
La. appeals court: Sentence ‘illegally lenient’
NEW ORLEANS — A man who appealed his fourth “fourth-offense” drunken driving conviction on the grounds that he was too intoxicated to understand the consequences of apologizing has not only lost his appeal, but a chance at parole or probation. Brian James Watkins wanted Louisiana’s 1st Circuit Court of Appeal to throw out a statement […]
Nguyen loses appeal on firearms charges
The U.S. Court of Appeals for the Second Circuit has affirmed the conviction and sentence in the case of a woman who bought the guns used by her former neighbor to kill a Webster police lieutenant and a West Webster firefighter in a Christmas Eve shooting in 2012. The U.S. Attorney’s Office announced the decision […]
Supreme Court blocks Alabama court order in adoption case
WASHINGTON — The United States Supreme Court on Monday sided with a lesbian mother who wants to see her adopted children, blocking, at least temporarily, an Alabama court’s order that declared the adoption invalid. The justices issued an order in a case that puts on display legal challenges facing gay and lesbian parents even after […]
High court takes up challenges to drunken-driving test
WASHINGTON — The Supreme Court will decide whether states can criminalize a driver’s refusal to take an alcohol test even if police have not obtained a search warrant. The justices on Friday agreed to hear three cases challenging laws in Minnesota and North Dakota that make it a crime for people arrested for drunken driving […]
Appeals court denies man’s bid for records in molestation case
NEW YORK (AP) — A man vying to overturn his conviction in a notorious 1980s child molestation case is not entitled to “every single piece of paper” in his criminal file, a state appeals court ruled Wednesday, reversing a lower court’s ruling that ordered prosecutors to turn over the records. Jesse Friedman, who spent 13 […]
Federal appeals court orders new trial for former trader
NEW YORK — A federal appeals court ordered a new trial Tuesday for a former securities trader in Connecticut who was sentenced to two years in prison for allegedly defrauding the government bailout program. The 2nd U.S. Circuit Court of Appeals in Manhattan reversed Jesse Litvak’s conviction on charges he defrauded the United States by […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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