Articles Posted in Criminal Law and Justice

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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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October 19, 2009.

Source: LexisNexis
Subscription required for online access:

1. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, COMMENTARY, 687 words, Commentary: Law schools failing their clientele, Nicole Black
… aspirations to start his own criminal defense practice, but  …
… professional and husband of a criminal defense attorney SMungmung: “The  …
2. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, NEWS, 1066 words, Neighborhood Focus: Rochester’s 14621 area, Colleen M. Farrell
… low-income residents and criminal activity, he said. Vacant  …
3. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, NEWS, 714 words, Rivera receives maximum in shooting of Rochester Police Officer Anthony DiPonzio, Elizabeth Stull
… juvenile offender law, Penal Law §70.05, as an  …
… sentencing. The boy was charged with criminal possession of marijuana in the  …
… VIOLENT CRIME (89%); CRIMINAL LAW (89%); JUVENILE  …
… LEGISLATIVE BODIES (89%); CRIMINAL OFFENSES (89%); MURDER ( …
4. The Journal News (Westchester County, New York), October 19, 2009 Monday, NEWS; Pg. NaN, 440 words, Ex-New City couple face fraud charges, Akiko Matsuda
LARCENY & THEFT (90%); INVESTIGATIONS (90%);  …
… 77%); INDICTMENTS (77%); CRIMINAL OFFENSES (77%); GRAND  …
5. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Editorial Desk; EDITORIAL; Pg. 26, 370 words, Oh, That Account
… investigation into UBS has led to criminal investigations of scores of taxpayers.  …
6. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section B; Column 0; Business/Financial Desk; LINK BY LINK; Pg. 3, 920 words, Twitter and a Newspaper Untie a Gag Order, By NOAM COHEN
… halls of deliberation — whether a criminal jury’s chambers or an  …
7. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 6, 344 words, Party Rift Grows Wider In Zimbabwe, By CELIA W. DUGGER, JOHANNESBURG
… constitution, used its control of the criminal justice system to selectively  …
8. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Editorial Desk; EDITORIAL; Pg. 26, 1156 words, Fed Up With Albany
… 89%); ETHICS (89%); CRIMINAL OFFENSES (88%); INVESTIGATIONS ( …
… PUBLIC FINANCE (73%); CRIMINAL CONVICTIONS (73%); LARCENY & THEFT (68%); ARRESTS (68%);  …
9. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 4, 996 words, Love of Designer Clothes Adds Flair to Police Corruption Trial in South Africa, By BARRY BEARAK, JOHANNESBURG
… bits of sensitive information that the criminal found useful. The case could be  …
… ACCESSORIES STORES (77%); CRIMINAL CONVICTIONS (75%); INTERNATIONAL  …
INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL) ( …
10. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section C; Column 0; The Arts/Cultural Desk; THEATER REVIEW ‘THE EMPEROR JONES’; Pg. 1, 1260 words, Absolutely Corrupt, By BEN BRANTLEY
… not only of his own criminal past but also of a  …
11. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section B; Column 0; Business/Financial Desk; Pg. 1, 1086 words, Arrest of Hedge Fund Chief Unsettles the Industry, By MICHAEL J. de la MERCED and ZACHERY KOUWE; Ashlee Vance contributed reporting.
… 52, crossed the line into criminal activity.
… status has been suspended. A criminal complaint filed in  …
12. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Metropolitan Desk; Pg. 20, 1252 words, Indicting DNA Profiles Now Critical in Old Rape Cases, By AL BAKER; Alain Delaqueriere contributed reporting.
… Michael R. Bloomberg’s criminal justice coordinator. ”They shouldn’t be  …
… like serial car theft. Many states, including  …
… robbery or serial car theft. A $500,000  …
… disappear. The National Association of Criminal Defense Lawyers, in  …
… DNA from all convicted criminals as well as from all arrestees, as is  …
… DNA TESTING (90%); CRIMINAL CONVICTIONS (90%); EVIDENCE ( …
… 89%); FORENSICS (89%); CRIMINAL OFFENSES (89%); ROBBERY ( …
… LAW SCHOOLS (78%); CRIMINAL LAW (77%); ASSAULT &  …
… SENTENCING (77%); LARCENY & THEFT (76%); INVESTIGATIONS (74%);  …
… SENTENCING (72%); VEHICLE THEFT (72%); US STATE  …
13. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 4, 929 words, Twin Bombings Kill 5 Commanders of Revolutionary Guards Corps in Iran, By MICHAEL SLACKMAN; Mona El-Naggar contributed reporting from Riyadh, and Nazila Fathi from Toronto., RIYADH, Saudi Arabia
… promised ”that those who committed such criminal and inhuman acts will  …
14. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; National Desk; AMERICAN ALBUM; Pg. 1, 1047 words, Once Convicts’ Last Hope, Now an Advocate for Students, By JOHN SCHWARTZ, ATLANTA
… CAPITAL PUNISHMENT (89%); CRIMINAL CONVICTIONS (89%); LAWYERS ( …
15. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; National Desk; Pg. 12, 1131 words, Calling Story of Boy and Balloon a Hoax, a Sheriff Will Seek Felony Charges, By BRIAN STELTER; Joseph Berger and Sheelagh McNeill contributed reporting.
… 89%); CHILDREN (89%); CRIMINAL OFFENSES (89%); TELEVISION  …
16. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section C; Column 0; The Arts/Cultural Desk; ARTS, BRIEFLY; Pg. 2, 92 words, Stage Manager Arrested, By ERIK PIEPENBURG; Compiled by RACHEL LEE HARRIS
ACTORS & ACTRESSES (90%); CRIMINAL OFFENSES (85%); BAIL ( …
17. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 1, 1217 words, Diverse Sources Pour Cash Into Taliban’s War Chest, By ERIC SCHMITT; Carlotta Gall contributed reporting from Kabul, Afghanistan., WASHINGTON
… financing for the Taliban is criminal activity, including kidnappings and  …
18. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A15, 55 words, CORRECTIONS
GUILTY PLEAS (90%); CRIMINAL ASSAULT & BATTERY (90%);  …
19. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A02, 525 words, Killer’s family out of neighborhood; Son convicted in 1989 slaying of Kelly Ann Tinyes; Parents had stayed in house where body was found, BY MATTHEW CHAYES AND REID J. EPSTEIN
… 91%); HOMICIDE (90%); CRIMINAL CONVICTIONS (89%); FAMILY ( …
20. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A03, 650 words, Made-for-TV hoax; Sheriff: Balloon ploy was designed to get reality show; Boy’s parents expected to face felony charges; Probe looking to see if media outlets was involved, BY DAN ELLIOTT. The Associated Press
… 90%); SHERIFFS (89%); CRIMINAL OFFENSES (89%); TELEVISION  …
21. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A34, 144 words, NEW YORK CITY: Witnesses sought in attack on Brooklyn man, SOPHIA CHANG AND ANDREW STRICKLER
POLICE FORCES (90%); CRIMINAL OFFENSES (87%); ARRESTS (73%); CRIMINAL CONVICTIONS (71%)
22. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A09, 974 words, Rape claim’s fallout; False accusations, as in Hofstra case, take a toll; Experts say accused, accusers pay the price, BY ANN GIVENS
… Ndonye would not face criminal charges as long as she gets  …
… former president of the Nassau Criminal Courts Bar Association,  …
… Criticism of Rice’s decision The Criminal Courts Bar Association has  …
… youthful offender status had she been criminally charged with the misdemeanor crime of  …
… men warranted a criminal charge. Watson said she would have  …
… DOMESTIC VIOLENCE (71%); CRIMINAL OFFENSES (69%); COMMUNITY  …
23. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A16, 408 words, SPIN CYCLE: State legislators not in rush to help guv, Dan Janison
… 78%); POLITICS (78%); CRIMINAL CONVICTIONS (78%); CRIMINAL OFFENSES (78%); MEDICAID ( …
24. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A17, 164 words, Man charged in fatal hit-run, BY MATTHEW CHAYES
… POLICE FORCES (77%); CRIMINAL OFFENSES (72%)
25. Poughkeepsie Journal (New York), October 19, 2009 Monday, NEWS; Pg. 1, 794 words, Mom haunted by fatal ’79 hit-and-run, Rasheed Oluwa
… 1 [vehicle one] and the criminal liability that would determine the character of the  …
… John Jay College of Criminal Justice in New  …

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As we becme increasingly dependant on information transmitted and stored in digital formats, ssues related to cybercrime are rapidly becoming central to all areas of the law. This is not stated as a criticism but rather as a fact that must be addressed by whatever means possible, including programs such as the one described below::

The White House announces a Cyberspace Policy review, proclaims a national security concern and appoints a czar; the FTC is about to issue “Red Flag” ID-theft compliance plan mandates; the Computer Hacking and Intellectual Property (CHIPS) units at DOJ and various U.S. Attorney’s Offices are gearing up; and “hacking” and HIPAA prosecutions are on the rise. Get the picture?

Whether you provide compliance/governance advice to corporations, counsel corporations about data breach crisis-response, or defend individuals, getting up to speed on where we are and where we are going is critical. An experienced panel of prosecutors, defense lawyers and cyber-experts will discuss these and other issues.

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