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Feb 8, 2016

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 […]

Feb 3, 2016

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, […]

Jan 11, 2016

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 […]

Jan 11, 2016

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 […]

Jan 10, 2016

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, […]

Jan 5, 2016

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 […]

Dec 29, 2015

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 […]

Dec 16, 2015

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 […]

Dec 14, 2015

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 […]

Dec 14, 2015

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 […]

Dec 10, 2015

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 […]

Dec 8, 2015

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 […]

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