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Rochester Legal Briefs: March 9, 2001 (7994)

Evidence Legally Sufficient A motion to dismiss charges of Sexual Abuse in the First Degree (13 counts), Sodomy in the First Degree (three counts) and Endangering the Welfare of a Child (two counts) in violation of Sections 130.65(1), 130.50(1), and ...

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Child's testimony ruled unreliable in abuse case

A Monroe County Supreme Court judge was forced to throw out sexual abuse charges against a man because the witness, a 4 year-old girl, was deemed unreliable. In People v. Lawrence Kidman the defendant was charged with Sodomy in the ...

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New York law doesn't address attempted DWI

On appeal from the Fourth Department, the Court of Appeals reversed the holding in People v. Prescott, 263 A.D.2d 254, determining that the legislature’s specific language governing driving while intoxicated and unlicensed operation of a motor vehicle did not extend ...

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Rochester Legal Briefs: March 9, 2001

Evidence Legally Sufficient A motion to dismiss charges of Sexual Abuse in the First Degree (13 counts), Sodomy in the First Degree (three counts) and Endangering the Welfare of a Child (two counts) in violation of Sections 130.65(1), 130.50(1), and ...

Read More »

Court rules on trademark issues for domain names

In TCPIP Holding Co., Inc. v. Haar, No. 99-7744, the defendants appealed from a preliminary injunction that barred the use of 81 registered Internet domain names. Upon careful review of the parameters of both the Lanham Act and the Dilution ...

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Court denies motion for parole revocation hearing

Does an alleged parole violator, who is already in federal prison, have a right to a preliminary parole revocation hearing from the New York State Division of Parole before his federal release date if he is temporarily held in New ...

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Rochester Legal Briefs: March 8, 2001

Probable Cause; Police Intrusion Where police had a description of the robber as a medium built black male about 5’8″ wearing a dark hooded sweatshirt and Officer Barnes saw defendant, who fit that description, just north of the crime scene ...

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Court rules on trademark issues for domain names (7982)

In TCPIP Holding Co., Inc. v. Haar, No. 99-7744, the defendants appealed from a preliminary injunction that barred the use of 81 registered Internet domain names. Upon careful review of the parameters of both the Lanham Act and the Dilution ...

Read More »

Court denies motion for parole revocation hearing (7983)

Does an alleged parole violator, who is already in federal prison, have a right to a preliminary parole revocation hearing from the New York State Division of Parole before his federal release date if he is temporarily held in New ...

Read More »

Rochester Legal Briefs: March 8, 2001 (7986)

Probable Cause; Police Intrusion Where police had a description of the robber as a medium built black male about 5’8″ wearing a dark hooded sweatshirt and Officer Barnes saw defendant, who fit that description, just north of the crime scene ...

Read More »

Supreme Court grants access to bureau's documents

In a unanimous decision handed down by the U.S. Supreme Court, the Department of Interior’s Bureau of Indian Affairs was granted access to documents exchanged between the Department of Interior’s Bureau of Reclamation and various Indian tribes, on the grounds ...

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Statements were not coerced by police, judge rules

A man asked Monroe County Court Judge Frank Geraci, Jr. to throw out statements he made during police questioning because they were coerced by physical abuse inflicted by the officers.In the People v. Ricardo Justiniano, the defense moved to suppress ...

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