Articles Posted in Criminal Law and Justice

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An Acting Supreme Court Justice in Manhattan dismissed a 1991 murder indictment “with prejudice” yesterday, finding an inmate jailed 18 years to be “actually innocent”.

Justice John A. Cataldo found that the conviction of Fernando Bermudez to have been undermined by flawed identification procedures and the submission of testimony that the prosecution should have been known to be false.

Mr. Bermudez remains in jail for now because of a separate federal drug sale convicrtion that carried a 27 month sentence.

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November 12, 2009.

Update from the Lexis Alert Service,

1. People v. Johnson, 9973, 1634/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8052; 2009 N.Y. App. Div. LEXIS 7904, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

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David Badertscher

One hundred years ago last Tuesday (November 3, 1909) the criminal court building in Manhattan (bounded by Centre, Lafayette, Franklin, and White Streets) was declared unsafe for human occupancy and everyone in the building at the time was ordered to leave immediately.

According to a New York Times article Written the following day, “when the last man was out a squad of thirty policemen under Inspector Daley and Captain Galvin took charge of the building, roping it off on all sides and remaining on guard outside the building to forbid anyone to enter or even pass through any of the flanking streets”.

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The Violence Against Women Act of 1994 includes a section requiring restitution for victims of sex crimes. Although “Amy” was videotaped being sexually abused as a child, she has been given awards ranging from the millions to nothing. One judge in Arkansas claimed there was no way to assess and restitution amount, that the victims was not identifiable and that there was no proof of a “causal link” between viewing the images and specific injury to Amy. The government has appealed the case, which could set up a showdown at the U.S. Supreme Court over the conflicting rulings.

Amy’s attorney, James R. Marsh of New York, has been fighting the restitution battle for Amy. “She basically doesn’t have any joy in her life. This is just an awful situation.” “What happened to me hasn’t gone away,” said Amy. “It will never go away.”

The Virginia-Pilot

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The Indianapolis Metropolitan Police Department has about 50 officers working on a small but growing gang problem within the city. Deputy Chief William Benjamin told an audience at Arlington High School that, “We have a small problem compared to other cities, but we have a problem.”

The main speaker at the seminar was Dr. O’dell M. Owens, an in-vitro specialist turned county coroner and gang expert. He said a good education is the best defense against gangs and other crime.

In the city, the rise of Hispanic gangs is a troubling trend. Stephen Parnell, Marion County’s chief gang prosecutor, said, “We’re seeing some of those gangs, in response (to Hispanic gangs), increase their numbers.”

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A hearing will be held Wednesday on the effects of a bill that would legalize, tax, and regulate marijuana. Tax officials estimate the legislation could bring about $1.4 billion a years. Governor Arnold Schwarzenegger has indicated he would be open to a “robust debate” on the issue.

The separate initiatives are being circulated for signatures to appear on the ballot next year, all of which would permit adults to possess marijuana for personal use and allow local government to tax it. Proponents of the leading ballot initiates have collected nearly 300,000 signatures since late September, and supporters says that they are easily on pace to qualify for the November 2010 general election.

California was the first state to legalize marijuana for medical purposes in 1996, but court rulings, including the Supreme Court’s, has ruled that the federal government can continue to enforce its ban.

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An update to the federal hate crime statutes originally passed by Congress in 1968 will be signed by President Obama. This update will include protections to gay, lesbian, transgender, and disabled people.

Despite this, many of the people who worked on this bill do not expect more people to be charged with hate crimes. “Are there going to be a huge number of prosecutions by the federal government, by the Justice Department, under this statue? No,” says David Stacy, a lobbyist on gay issues for the Human Right Campaign.

The majority of hate crime prosecutions have always been handled by state and local officials. People who oppose hate crime laws say the federal government should have left it that way.

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The American Bar Association (ABA), Criminal Justice Section has just published its Fall 2009 Newsletter, Volume 18 Issue 1 Fall 2009. This issue covers a variety of topics including: Practice Tips – Sexting: Balancing the Law and Bad Choices, Three Questions with Charles Hynes, Section Member News, New Books, News from the Field, and Ethics. Also included is a reminder that the ABA Criminal Justice Section Fall Meeting will be held in Washington DC November 5-8, 2009.

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October 20, 2009
Lexis ID and Password Required for online access:

s 1. People v Tavera, 1178, 2417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7337; 2009 N.Y. App. Div. LEXIS 7193, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
… appellant from a judgment of the Supreme Court, New York County (Charles Solomon, J.),  …		 s
s 2. People v. Cochran, 1203, 3466/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7354; 2009 N.Y. App. Div. LEXIS 7217, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
Judgment, Supreme Court, New York County (Renee A. White,  …		 s
s 3. People v. Ramirez, 1183, 7190/90, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7341; 2009 N.Y. App. Div. LEXIS 7198, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
Judgment, Supreme Court, New York County (Leslie Crocker Synder,  …		 s
s 4. People v. Miranda, 1179, 3595/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7338; 2009 N.Y. App. Div. LEXIS 7197, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
Judgment, Supreme Court, New York County (Arlene R. Silverman,  …		 s
s 5. People v Ligon, 1191, 2047/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7345; 2009 N.Y. App. Div. LEXIS 7195, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

CORE TERMS: false name, lv denied, warning, incriminating response, personation, suppression, disclosure, lawfully

The People of the State  …
Judgment, Supreme Court, New York County (Lewis Bart Stone,  …		 s
s 6. People v Black, 1181, 2585/06, 1182, 3121/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7340; 2009 N.Y. App. Div. LEXIS 7212, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

CORE TERMS: robbery, interest of justice, lv denied, identification, sentences, weapon, lineup, aggregate term, unlawfully, jury trial …

The People of the State  …
… Defendant-Appellant. The People of the State  …
Judgments, Supreme Court, New York County (Edward J. McLaughlin,  …		 s
s 7. People v Feliz, 1171, 5564/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7330; 2009 N.Y. App. Div. LEXIS 7209, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

CORE TERMS: indictment, felony, life imprisonment, punishable, drug laws, criminal sale, controlled substance, life sentences, statutory provisions

The People of the State  …
Judgment, Supreme Court, New York County (Laura A. Ward,  …		 s
s 8. People v. Bryant, 1200, 6821/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7352; 2009 N.Y. App. Div. LEXIS 7218, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
Judgment, Supreme Court, New York County (Renee A. White,  …		 s
s 9. People v Smith, 1185, 6273/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7342; 2009 N.Y. App. Div. LEXIS 7210, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
Judgment, Supreme Court, New York County (Maxwell Wiley, J.  …		 s
s 10. People v. Teichman, 1206, 5288/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7355; 2009 N.Y. App. Div. LEXIS 7219, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
Judgment, Supreme Court, New York County (William A. Wetzel,  …		 s
s 11. People v. Martinez, 1208, 6627/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7357; 2009 N.Y. App. Div. LEXIS 7222, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  …
… appellant from a judgment of the Supreme Court, New York County (Michael Ambrecht, J.  …		 s
s 12. People v Bamisile, 1175, 4633/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7334; 2009 N.Y. App. Div. LEXIS 7211, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

CORE TERMS: buttocks, arrestee’s, rectum, cheeks, pants, bag

The People of the State  …
Judgment, Supreme Court, New York County (Rena K. Uviller,  …		 s

                   

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