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Judge rejects motions for compassionate release
U.S. District Court Judge David G. Larimer has denied requests from four prison inmates seeking release because of COVID-19. In separate motions, the defendants — Albert M. Ranieri, Steve Gray, Tremec Jeffries, and Chris Kimball — all sought to be freed, claiming they had “extraordinary and compelling reasons” to have their sentences reduced. Ranieri pleaded […]
Federal inmate granted compassionate release
A federal judge has freed a prison inmate because of COVID-19 concerns. Defendant Artfaber Swails, 47, claimed he has “significant medical conditions that make him especially susceptible to serious consequences should he contract the virus.” Swails also claimed that Federal Correctional Institution Petersburg Low, in Virginia, and U.S. Penitentiary Yazoo City, in Mississippi, where he [&hellip[...]
New court will address pandemic-related evictions
Court officials and local leaders have announced a new effort to help tenants facing possible eviction because of the COVID-19 pandemic. On Thursday, Monroe County Executive Adam Bello, U.S Rep. Joe Morelle, Seventh Judicial District Administrative Judge Craig Doran, and Rochester Mayor Lovely Warren announced the new Monroe County Special COVID Intervention Part (SCIP) court […]
NYSBA publishes book on ‘virtual lawyering’
The New York State Bar Association has published a new guide to “virtual lawyering.” The new guide was created to help attorneys adjust to changes necessary during the COVID-19 pandemic. The 341-page book, titled Virtual Lawyering: A Practical Guide, includes 22 chapters and subchapters authored by former federal judges, former law clerks and some of […]
COVID-19 challenges prisons
The COVID-19 pandemic continues to have a dramatic impact on the criminal justice system, not just in terms of modifying the way court appearances are handles, but how sentences are affected. There have been numerous motions from federal prison inmates seeking early release or home confinement as an alternative because of fears that they will […]
COVID-19 release denied
Two federal inmates have had their requests to be freed because of COVID-19 denied. Michael Herman, 38, who is now being held at the Seneca County Jail, filed a motion to be released pending sentence because of the pandemic. On Sept. 19, 2019, Herman pleaded guilty to conspiracy to possess with intent to distribute and […]
Federal inmate freed to avoid COVID-19
A federal judge has freed one prison inmate out of concerns over COVID-19, while denying another inmate’s request to be released before sentencing. In December 2019, Janet Flores pleaded guilty to being a felon in possession of a firearm and U.S. District Court Judge David G. Larimer sentenced her to three years and one month […]
Inmate released because of COVID-19
A federal judge has freed one prison inmate because of COVID-19 and denied another inmate’s motion to be released. Donald McKinney, who has served only 18 months of a 10-year prison sentence on drug charges, had his request for compassionate release granted and his sentence was reduced to time served, plus five years of supervised […]
Courts begin transition to ‘new normal’
New York State Chief Judge Janet DiFiore released a 10-minute video message Monday to mark the re-opening of some parts of the state court system that has been operating on a limited basis due to the COVID-19 pandemic. “Today is a milestone day for us. As you are aware, New York has continued to make […]
ICE sued over COVID-19 at detention facility
The New York Civil Liberties Union and Prisoners’ Legal Services of New York have filed a federal class-action lawsuit seeking better medical care for detainees at the Buffalo Federal Detention Facility in Batavia. The complaint filed Monday demands that ICE officials treat medically at-risk people in the facility according to Center for Disease Control and […]
COVID-19 sparks surge of child, spousal support calls for law firms
Sheltering at home is hard enough with a spouse and kids, but for divorced parents it can be a little more complicated. “I’ve gotten a lot of calls on visitation,” said Larry Schwind, partner and chair of the domestic relations department at Lacy Katzen LLP. “There’s been some degree of anxiety over ‘I’m not seeing […]
Marriage licenses available by appointment
Gov. Andrew Cuomo issued an executive order on Saturday allowing the use of video conferencing tools, like Zoom, for municipal clerks to issue marriage licenses and for couples to get married. But town clerks in Monroe County are not expected to use online video meeting tools. Instead, they have set up socially-distanced procedures to issue […]
Case Digests
- 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
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- 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
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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