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Evidence suppressed in DWI case
A Nassau County judge has granted a defense motion to suppress all evidence in a drunk driving case.
Judge denies request to vacate conviction
A town justice in Albany County has denied a request to vacate a 1992 drunk driving conviction because of a state regulation adopted in 2012 that subsequently prohibited the defendant from ever getting his driver’s license back.
Brian Kolb charged with DWI after penning warning to constituents
Brian M. Kolb, R-Canandaigua, the top Republican in the New York State Assembly, was charged New Year’s Eve with driving while intoxicated in his state-issued vehicle. A week earlier he wrote a newspaper column warning citizens against getting behind the wheel drunk. Kolb was arrested near his home after what he called a “lapse in […]
Monroe County has seventh highest DWI conviction rate
New 2017 DWI conviction data shows that the Monroe County District Attorney’s Office again is among the top prosecutors statewide. The Monroe County DA’s Office leads the state out of all large, upstate counties in percentage of total DWI convictions. Monroe County’s conviction rate of 67.34 percent was seventh in the state, according to data […]
DWI charges dismissed on speedy trial grounds
A Monroe County Court judge has dismissed drunk driving charges on speedy trial grounds. The defendant, Danie Washington, was arrested Sept. 16, 2015, and charged with two counts of driving while intoxicated. When he was arraigned on a felony complaint on Sept. 17, 2015, Washington was served with a grand jury notice stating the case […]
Cuomo: New York cuts backlog of DWI tests at state labs
ALBANY — New York state is making progress on a backlog at the state crime lab relating to evidence in impaired driving cases. Gov. Andrew Cuomo said Tuesday that investments in new equipment and the hiring of additional lab technicians has helped the state cut the backlog almost in half in two years. The State […]
New York police issue more than 33,000 tickets in DWI crackdown
Police in New York state issued more than 33,000 tickets during a two-week holiday crackdown on drunken and impaired drivers. Gov. Andrew Cuomo announced Thursday that the Drive Sober or Get Pulled Over campaign ran from Dec. 16 through Jan. 1 and included New York State Police and local law enforcement agencies. He said the […]
Rochester City Court Judge Leticia Astacio charged with DWI
ROCHESTER — A Rochester City Court judge was ticketed Saturday morning on a drunken driving charge. Monroe County District Attorney Sandra Doorley said Leticia Astacio was charged after being stopped by New York State troopers on Interstate 490. Astacio, who was elected to the judicial post in 2014, was released with an appearance ticket and ordered to […]
Fourth Department – DWI: Dahlgren v. New York State Department of Motor Vehicles
Appellate Division, Fourth Department – DWI – Relicensing – A2 Restriction Dahlgren v. New York State Department of Motor Vehicles CA 14-01050 Appealed from Supreme Court, Chautauqua County Background: The petitioner commenced an article 78 proceeding seeking to annul a determination that imposed an A2 restriction on the petitioner’s license for a period […]
Post-Bills game arrests
New York State Police issued 42 traffic tickets, including three for driving while intoxicated, Sunday in its DWI saturation patrol to coincide with the Buffalo Bills home game in Orchard Park. The DWI tickets were issued to men from Erie, Monroe and Genesee counties. One ticket was issued to a Michigan man for aggravated DWI […]
Court of Appeals — DWI — Defense Expert: People v. Fratangelo
New York State Court of Appeals DWI — Defense Expert BAC —Jury Charge People v. Fratangelo No. 108 Judge Smith Background: The defendant was charged with DWI after being found to have a BAC of .09 percent at the time of her arrest. A defense expert testified that the BAC was actually below the legal […]
Man charged twice with DWI for 2 accidents
ONEONTA — State police said they twice charged a 31-year-old man with driving while intoxicated for accidents that occurred just hours apart at the same upstate New York fast-food restaurant. Troopers said Zachary Boynton of Oneonta drove his car into the back of a vehicle ahead of him in the McDonald’s drive-thru around 1 a.m. […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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