Libraries are bridges to information and knowledge.

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A summary of an article, “Black Hat to expose attacks,” by Tim Greene

August 5, 2009

This summary was forwarded by Judge Herbert B. Dixon,Jr of the Superior Court of the District of Columbia with the permission of the Center for Legal and Court Technology, formerly the Courtroom 21 project, http://www.courtroom21.net/ . Upon receiving a copy, I contacted Judge Dixon and we agreed that it was appropriate to post it here in recognition of the important work the Center for Legal and Court Technology is continuing.

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People from the Online College sometimes send me various lists related to libraries and websites which they have compiled for publication on the web. Their latest is a compilation by Donna Scott of “100 Terrific Tips & Tools for Blogging Librarians“. Donna’s list contains a number of interesting observations. I hope you find it useful and entertaining.I

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Update from the Lexis Alert Service,

August 19, 2009
1. People v. Olivo, 880, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5194; 63 A.D.3d 576; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5037, June 23, 2009, Decided, June 23, 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 (Laura Ward, J.), …

2. People v. Gomez, 892, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5169; 63 A.D.3d 558; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5036, June 23, 2009, Decided, June 23, 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 (William A. Wetzel, …

3. People v. Disla, 864, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5182; 63 A.D.3d 566; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5062, June 23, 2009, Decided, June 23, 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 (James Yates, J.), …

4. People v. Bustamante, 899, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5174; 63 A.D.3d 561; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5042, June 23, 2009, Decided, June 23, 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 (Bonnie Wittner, J. …

5. People v. Neary, 902, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5177; 63 A.D.3d 563; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5038, June 23, 2009, Decided, June 23, 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 (Carol Berkman, J.), …

6. People v. Rivera, 861, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5180; 63 A.D.3d 565; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5053, June 23, 2009, Decided, June 23, 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.), …

7. People v. Padworski, 893, 7538/89, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5170; 63 A.D.3d 558; 880 N.Y.S.2d 486; 2009 N.Y. App. Div. LEXIS 5041, June 23, 2009, Decided, June 23, 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 of resentence, Supreme Court, New York County (Carol Berkman, J.), …

8. People v. Hernandez, 874, 6597/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5188; 63 A.D.3d 571; 880 N.Y.S.2d 489; 2009 N.Y. App. Div. LEXIS 5040, June 23, 2009, Decided, June 23, 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 (Rena K. Uviller, …

9. People v. McNeil, 885, 832/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5163; 63 A.D.3d 551; 881 N.Y.S.2d 417; 2009 N.Y. App. Div. LEXIS 5047, June 23, 2009, Decided, June 23, 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, …

10. People v. Nelson, 901, 3425/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5176; 63 A.D.3d 563; 881 N.Y.S.2d 94; 2009 N.Y. App. Div. LEXIS 5048, June 23, 2009, Decided, June 23, 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 (Lewis Bart Stone, …
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Source:: NYTimes.com .

Looking at the New York Times website, I discovered links to a multimedia representation of dynamic homicide activity in New York City..This presentation leads to a variety of useful information including a June 19, 2009 article by Andrew W. Lehren and Al Barker, ” In New York, Number of Killings Rises With Heat,” providing what could be considered an overview. Also included are various graphical representations which along with the article provide an analysis of homicide data giving insights about who is killed in New York City, by whom, where the murders occur and why. Last but certainly not least, a map is included which provides continuous updates of homicide locations and similar information as data becomes available.

This information should be of interest to anyone who needs updated information regarding homicide activity and trends in New York City.

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As has been widely reported in the news media, the State of New York Office of the Inspector General has just released its Report and Investigation of the Waterfront Commission of New York Harbor. This is a Report grew out of a complaint of alleged misconduct on the part of officials of the Waterfront Commission of New York Harbor that was referred to the Inspector General’s Office on May 7, 2007 by then-Governor Spitzer. The Waterfront Commission is a bi-state entity established in 1953 by the United States Congress to investigate, deter, combat and remedy criminal activity and influence in the Port of New York and New Jersey, and to ensure fair hiring practices. Report findings include discussion and and enumeration of a number of abuses and irregularities identified by the staff of the Office of the Inspector General during their investigation of the Commission. To see the entire Report click on the link below:

Report: Investigation of the Waterfront Commission of New York Harbor. August 2009.

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Call for Applications for the 2010 OCLC Minority Librarian Fellowship Program

Application deadline: September 8, 2009

OCLC has announced the expansion and increased support of the OCLC Minority Librarian Fellowship program designed to provide a unique opportunity for aspiring library professionals from historically under-represented groups.

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David Badertscher*

The Office of Management and Budget (OMB) within the White House is considering whether federal web sites should be permitted to use cookies and other web tracking technologies and is asking for input from the public.

According to Michael Fitzpatrick, an associate administrator with the OMB Office of Information and Regulatory Affairs, “the goal of this review is to develop a new policy that allows the Federal government to continue to protect privacy of people who visit Federa(s)l websites while, at the same time, making these websites more user-friendly, providing better customer service, and allowing for more enhanced analytics”.To read this entire discussion about cookies policy for Federal websites go to the posting by Mr. Fitzpatrick and Vivek Kundra of the Office of Science & Technology Policy Blog To share your comments on the approach outlined in their posting, you can post a comment on the OSTP blog, submit comments directly in response to the Federal Register notice mentioned in the posting, or email them to: oira_submission@omb.eop.gov. Comments submitted by August 10, 2009 in one of these three ways, will be taken into consideration. Responding to this posting directly from the OSTP blog requires registration and other authentication routines before posting.

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Source: Quinlan Law Enforcement E-News Alert, July 16, 2009.

Warrant to seize computer records

In a case involving a narcotics arrest, the court held that a warrant allowing for the seizure of “computerized records” authorized the investigators serving the warrant to seize the defendant’s computers. The defendant argued that because the warrant did not specifically list “computers” as an item to be seized, the seizure of the computers was outside the scope of the warrant. The court reasoned that anyone with a minimum of computer knowledge would understand that seizing “computer records” would necessitate seizing the actual computers those records were contained within. The court did, however, note that seized computers should not be kept by the government indefinitely after the seizure.

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In response to criticism it received for submitting and all-male list with only one black of seven candidates to New York Governor David A. Paterson last December to fill a New York Court of Appeals opening created by the retirement of then Chief Judge Judith S. Kaye, the New York Commission on Judicial Nominations has released for public comment a number of proposed rule changes, Proposed Revisions to the Rules of the Commission on Judicial Nominations: Title 22 N.Y.C.R.R. Section 7100. The proposed revisions announced in a Press Release by the Commission on July 20; a 45 day comment period on the rules is expected to begin next week.:

Press Release Announce Proposed Rule Revisions

Download fileles of the New York Commission on Judical Nominations

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

July 20-24. 2009.

U.S. 1st Circuit Court of Appeals, July 22, 2009 US v. Allen, No. 08-1451
Conviction for being a felon in possession of a firearm is affirmed where: 1) the district court did not abuse its discretion in failing to conduct an evidentiary hearing before denying defendant’s motion to suppress as defendant failed to raise a genuine issue of material fact regarding the plain view analysis or the existence of probable cause; 2) the court did not abuse of discretion by finding without an evidentiary hearing that his statements to the police were voluntary, as there was an affidavit and a signed Miranda acknowledgment, and defendant’s assertions were unsupported by any references to specific statements he sought to suppress; and 3) the court did not abuse its discretion in denying defendant’s motion for reconsideration as defendant’s affidavit in support of his motion did not respond to the government’s plain view assertions or specify the alleged Miranda violations. Read more…

U.S. 1st Circuit Court of Appeals, July 23, 2009 US v. Rodriguez-Barrios, No. 07-1854
Conviction for committing a carjacking resulting in death is affirmed where: 1) the court properly denied defendant’s motion for acquittal as the evidence was sufficient for a reasonable jury to conclude that defendant had the intent to kill or seriously harm the victim when he took control of her car; 2) the court did not err in excluding tape recordings of the victim as the recordings did not contradict the victim’s hearsay allegations of abuse; 3) the court did not abuse its discretion in refusing to allow defendant to present expert witness testimony regarding the reliability of eyewitness identification; 4) the court did not abuse its discretion denying defendant’s motion for a mistrial as the brief mention of the possibility of a polygraph examination did not warrant a mistrial; and 5) the court erroneously admitted certain statements made by the victim’s friend and mother, but the error was harmless. Read more..! .

U.S. 1st Circuit Court of Appeals, July 23, 2009 US v. Wallace, No. 07-1884 Sentence for armed robbery and other crimes is affirmed where: 1) the district court properly applied the mandate rule and refused to consider defendant’s objection to sentencing enhancement for obstruction of justice based on his perjury as defendant failed to challenge the enhancement in his first appeal and it became the law of the case; 2) the court properly applied the mandate rule to defendant’s objection to the stolen weapons enhancement; 3) defendant’s claim that his use of a dangerous weapon during the robbery was an improper basis for an upward departure and his claim that court’s decision to depart upwardly based on defendant’s disruption of government functions are both barred by the law of the case doctrine; 4) the court did not err in imposing a two-level increase for extreme psychological injury; 5) the court did not abuse its discretion in imposing an upward departure to his sentencing level based on his criminal history; and 6) defendant’s sentence was reaso! nable Continue reading

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