The New York Supreme Court Criminal Term Library (New York County) is pleased to announce a major enhancement regarding access to those Temporary Commission on Revision of New York Penal Law and Criminal Code (1961-1970) papers held by the New York Supreme Court Criminal Term Library (New York County). During the past year we in the library have been working with professional interns, archivists, and especially Philip Yow and his web design team at the State of New York Unified Court System to find ways to preserving these materials, many of which were beginning to deteriorate significantly. After confronting various obstacles, technical and otherwise, we settled on digitizing the material as a number of separate and searchable pdf files and then placing all of them on the library website with an overlay of google searchability. Although this may not be perfect it does make the documents accessible on the web in a cost effective manner.
A word of further explanation. these papers primarily consisting of documents submitted to and documents produced by the Temporary Commission on Revision of Penal Laws and Criminal Code (1961-1970) were collected by our former Administrative Judge Peter Mcquillan who served on the staff of the Commission. Justice Mcquillan left the Papers in my custody when he retired and we first put up an index to the papers on the web and now the full text of these materials. In addition we have included The Proposed New York Criminal Procedure Law of 1969 because in addition to the text of the proposed law, it includes valuable additional materials related to the work of the Commission and derivation tables for use in comparing the current Code with the earlier Code. Special permission was obtained from Thomson Reuters before publishing the latter segment.
To see the new site of the library website from which this material can be searched online, go to:
http://www.nycourts.gov/library/nyc_criminal/library_resources.shtml and scroll down if necessary to the search box under the first entry under this Section: Penal Law Records Search.
In order to resolve various format and other issues alluded to earlier, most searches will need to consist of two parts. Entering a search term or terms in the search box provided at this location will bring up various pdf documents where the terms entered are mentioned. Some of these pdf documents are very large. To determine exactly where in these pdf documents the terms are referenced you will need to enter your search a second time in the pdf search box at the upper right side of the document. This search should identify and highlight exactly where in the document the search terms you entered are highlighted.
Finally, for those people who need additional information about documents included in this collection prior to searching, we have preserved the original index or finding aid which is located at http://www.nycourts.gov/library/nyc_criminal/Temporary%20Commission.pdf
Please contact me if you have questions or comments.
David G. Badertscher
Principal Law Librarian
New York Supreme Court
Criminal Term
100 Centre Street 17th Floor
New York, NY 10013
Tuesday, December 14, 2010
Wednesday, October 27, 2010
Second Circuit: Fair Sentencing Act is not Retroactive
Summary Summaryposted by Steve Statsinger at Second Circuit Blog
This is hot off the presses - today, in a summary order, the court held that the Fair Sentencing Act is not retroactive, since it "contains no express statement that it is intended to have retroactive effe...
This is hot off the presses - today, in a summary order, the court held that the Fair Sentencing Act is not retroactive, since it "contains no express statement that it is intended to have retroactive effe...
U.S. Supreme Court Vacates order Blocking Execution Based on Speculation About Method of Execution
Supreme Court Vacates Order Blocking Execution Based on Speculation About Method of Execution
posted by Orin Kerr at The Volokh Conspiracy
(Orin Kerr) Over at Scotusblog, Lyle Denniston provides the context: Landrigan was sentenced to death for a 1989 murder in Phoenix after he had escaped from an Oklahoma prison, where he was serving a sente...
posted by Orin Kerr at The Volokh Conspiracy
(Orin Kerr) Over at Scotusblog, Lyle Denniston provides the context: Landrigan was sentenced to death for a 1989 murder in Phoenix after he had escaped from an Oklahoma prison, where he was serving a sente...
Congressional Research Reports (CRS) Posted on October 27, 2010*
Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress
Report No. RL33753
Subjects: Drug Abuse; Immigration; Defense Policy
CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)
---------------------------------
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress
Report No. RS22373
Subjects: Terrorism; Defense Policy
CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)
---------------------------------
Tariff Modifications: Miscellaneous Tariff Bills
Report No. RL33867
Subjects: Trade
CRS Reports, 111th Congress (10/20/2010; Posted: 10/27/2010)
---------------------------------
Regular Vetoes and Pocket Vetoes: An Overview
Report No. RS22188
Subjects: Congress; Presidents
CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
---------------------------------
Veterans' Benefits: Pension Benefit Programs
Report No. RS22804
Subjects: Veterans; Pensions
CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
---------------------------------
Cellulosic Ethanol: Feedstocks, Conversion Technologies, Economics, and Policy Options
Report No. R41460
Subjects: Agriculture; Energy
CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)
---------------------------------
U.S. International Trade: Trends and Forecasts
Report No. RL33577
Subjects: Trade
CRS Reports, 111th Congress (10/15/2010; Posted: 10/27/2010)
---------------------------------
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy
Report No. RL30588
Subjects: Terrorism; Afghanistan
CRS Reports, 111th Congress (10/19/2010; Posted: 10/27/2010)
---------------------------------
Recreation Fees Under the Federal Lands Recreation Enhancement Act
Report No. RL33730
Subjects: Public Lands
CRS Reports, 111th Congress (10/21/2010; Posted: 10/27/2010)
---------------------------------
Proliferation Control Regimes: Background and Status
Report No. RL31559
Subjects: Terrorism; National Defense
CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
Report No. RL33753
Subjects: Drug Abuse; Immigration; Defense Policy
CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)
---------------------------------
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress
Report No. RS22373
Subjects: Terrorism; Defense Policy
CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)
---------------------------------
Tariff Modifications: Miscellaneous Tariff Bills
Report No. RL33867
Subjects: Trade
CRS Reports, 111th Congress (10/20/2010; Posted: 10/27/2010)
---------------------------------
Regular Vetoes and Pocket Vetoes: An Overview
Report No. RS22188
Subjects: Congress; Presidents
CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
---------------------------------
Veterans' Benefits: Pension Benefit Programs
Report No. RS22804
Subjects: Veterans; Pensions
CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
---------------------------------
Cellulosic Ethanol: Feedstocks, Conversion Technologies, Economics, and Policy Options
Report No. R41460
Subjects: Agriculture; Energy
CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)
---------------------------------
U.S. International Trade: Trends and Forecasts
Report No. RL33577
Subjects: Trade
CRS Reports, 111th Congress (10/15/2010; Posted: 10/27/2010)
---------------------------------
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy
Report No. RL30588
Subjects: Terrorism; Afghanistan
CRS Reports, 111th Congress (10/19/2010; Posted: 10/27/2010)
---------------------------------
Recreation Fees Under the Federal Lands Recreation Enhancement Act
Report No. RL33730
Subjects: Public Lands
CRS Reports, 111th Congress (10/21/2010; Posted: 10/27/2010)
---------------------------------
Proliferation Control Regimes: Background and Status
Report No. RL31559
Subjects: Terrorism; National Defense
CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
LAW.COM Newswire Highlights October 27, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
October 27, 2010.
GlaxoSmithKline to Pay $750M to Settle Federal Charges Over Adulterated Drugs
The National Law Journal
GlaxoSmithKline has agreed to pay $750 million to settle federal charges in the fourth-largest health care fraud settlement in the U.S. The deal calls for GSK to plead guilty to introducing four types of adulterated drugs for delivery into interstate commerce from March 2003 to October 2004. The drugs were made by subsidiary SB Pharma Puerto Rico at a since-closed facility. The GSK settlement is the first significant settlement of a criminal case that includes an adulteration charge, according to a U.S. Attorney.
Judge Credits AstraZeneca's 'Prior Invention' Claim in Patent Fight
The Legal Intelligencer
A federal judge has dismissed a patent infringement suit brought by Teva Pharmaceuticals after finding that allegedly infringing product formulations in the cholesterol drug Crestor were "conceived of and reduced to practice" by AstraZeneca Pharmaceuticals prior to Teva's patent. The decision by U.S. District Judge William H. Yohn Jr. in Teva v. AstraZeneca was premised on the century-old axiom in patent law that "a product which would literally infringe if later in time anticipates if earlier."
Government's 'Duty to Defend' Not a Given
The National Law Journal
The vaunted governmental "duty to defend" acts of Congress has been invoked often in recent weeks in connection with the "don't ask, don't tell" law barring gays from the military -- a law that the Obama administration opposes but still is poised to defend. But history shows that this longstanding practice is not always followed, and solicitors general have been throwing provisions of federal laws under the bus for decades. Thirteen times in the past six years, the Justice Department has opted not to defend a statute.
Baker & McKenzie Hit With $103 Million Malpractice Verdict
The American Lawy
A Mississippi jury has found in favor of a former Baker & McKenzie client by returning a $103 million malpractice verdict against the firm and a lawyer in its Dallas office. Plaintiff S. Lavon Evans Jr. claimed that Baker & McKenzie represented him at the same time that it advised his partner in an oil rig drilling business, according to reports. Evans further claims he was unaware that his partner, Charles Reed Cagle, was insolvent and was using his own assets as leverage to obtain millions of dollars in loans.
Gay Mich. Student Drops Protection Request Against Assistant AG
The Associated Press
The gay student government president at the University of Michigan dropped a request Monday for a personal protection order against a state lawyer who heckled his speeches and criticized him on a blog. Chris Armstrong had accused Assistant Attorney General Andrew Shirvell of videotaping a late-night party at his off-campus house, showing up at campus appearances with a sign that said "racist" and "liar" and lambasting him as someone with a "radical homosexual agenda" on his blog.
Disbarment Sought for Attorney Who Claimed to Channel Client's Dead Wife
The National Law Journal
The State Bar of Arizona wants to throw the book at an attorney who told a client she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding. Earlier this month, the Disciplinary Commission of the Supreme Court of Arizona upped Charna Johnson's suspension from six months and a day to one year followed by two years of probation. However, the State Bar is still not satisfied and has filed a notice of its intent to ask the Supreme Court to review the case and disbar Johnson.
9th Circuit Delivers Death Blow to Off-Label Marketing Suit Against Amgen
The American Lawyer
The 9th Circuit has affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act class action accusing Amgen of falsely marketing its anemia medicines, Epogen and Aranesp, for off-label purposes such as heart failure and cancer. The court concluded that none of the Amgen statements cited by plaintiffs were actually false or misleading when their complaint was made, and also found that the class, led by the Sheet Metal Workers National Health Fund, failed to link the statements to any alleged injury.
Court Declines to Sanction Former Partner Suing Holland & Knight
New York Law Journal
A New York state judge has declined to sanction a former Holland & Knight partner who is suing the firm over his 2002 termination. In a decision filed Monday, the judge declined to adopt a referee's recommendation to fine John K. Weir $2,500 plus attorney fees and costs for failing to file a timely notice that his case was ready for trial. The judge said the finding that Weir missed the deadline to file the notice does not rise "to the level of harassment or other frivolous conduct" within the meaning of the law.
Free Speech Protects Amazon Buyers' Data, Federal Judge Rules
The Associated Press
Lists that identify the books, music and movies individual customers bought from online retailer Amazon.com are protected from North Carolina tax collectors, a federal judge has ruled. Amazon said in an April lawsuit that disclosing the names, addresses and purchases of customers as requested by the North Carolina Revenue Department would harm anyone who may have bought controversial books or movies. At stake are potentially millions of dollars in taxes that North Carolina contends Amazon was responsible for collecting.
Lawyer Arrested for Allegedly Making Threatening, Racist Phone Calls
New York Law Journal
A lawyer for the New York state Department of Civil Service was arrested last week for allegedly making threatening phone calls over the summer. In the first, the caller used racial slurs and threatened to kill a black woman. In the second, the caller threatened to "kidnap the little black boy who plays outside and tie him up." The calls blamed on James A. Hennessey Jr., which authorities said were masked by using a website called www.bluffmycall.com, were traced by police and the FBI.
Lawyer Files Continuance for 'Very Important Baseball Business' -- Attending World Series
Texas Lawyer
A Dallas lawyer filed a continuance motion Monday so he can attend his favorite team's first-ever World Series appearance today. Darrell W. Cook says he has tickets to Game 1 of the World Series between the Texas Rangers and the San Francisco Giants, which falls on the same day as a pretrial hearing in his client's code enforcement case. "I would really rather be there ... at the court," the motion says, "But I can't be there and attending to some very important baseball business in San Francisco. I'm only one dude.
Sidley Austin Looks to Riverbed to Build a Broader Network
Legal Tech Newsletter
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.
Visit Legal Technology
The Careerist: The Power Look -- White Males Only?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. The Power Look -- White Males Only? Plus Law Schools Face More Pressure to Provide Job Data -- Maybe; Ugandan Women Get Rare Chance to Go to Law School And MBAs More Uncouth Than J.D.s?
Visit The Careerist
Managing Partners Have Positive Outlook, Survey Shows
Daily Business Review
After two years of increasing pessimism, the Daily Business Review's annual managing partner survey found that the vast majority of managing partners at firms with South Florida offices feel "somewhat" or "quite" optimistic about the future of both their law firms and the industry.
Visit lawjobs.com News & Views
Some Disabled Lawyers Find Going Solo Works Best
The National Law Journal
George Walls Jr., who is paralyzed from the shoulders down, has worked for another lawyer, and as an in-house lawyer, but found that going solo is the best fit for him -- and he's not alone. Disabled lawyers across the country say hanging out a shingle helps them manage their physical needs and limitations. Those who receive Social Security disability benefits can maximize income without exceeding government-benefit restrictions and even provide low-cost or free legal help to disabled and low-income clients.
Visit Small Firm Business
October 27, 2010.
GlaxoSmithKline to Pay $750M to Settle Federal Charges Over Adulterated Drugs
The National Law Journal
GlaxoSmithKline has agreed to pay $750 million to settle federal charges in the fourth-largest health care fraud settlement in the U.S. The deal calls for GSK to plead guilty to introducing four types of adulterated drugs for delivery into interstate commerce from March 2003 to October 2004. The drugs were made by subsidiary SB Pharma Puerto Rico at a since-closed facility. The GSK settlement is the first significant settlement of a criminal case that includes an adulteration charge, according to a U.S. Attorney.
Judge Credits AstraZeneca's 'Prior Invention' Claim in Patent Fight
The Legal Intelligencer
A federal judge has dismissed a patent infringement suit brought by Teva Pharmaceuticals after finding that allegedly infringing product formulations in the cholesterol drug Crestor were "conceived of and reduced to practice" by AstraZeneca Pharmaceuticals prior to Teva's patent. The decision by U.S. District Judge William H. Yohn Jr. in Teva v. AstraZeneca was premised on the century-old axiom in patent law that "a product which would literally infringe if later in time anticipates if earlier."
Government's 'Duty to Defend' Not a Given
The National Law Journal
The vaunted governmental "duty to defend" acts of Congress has been invoked often in recent weeks in connection with the "don't ask, don't tell" law barring gays from the military -- a law that the Obama administration opposes but still is poised to defend. But history shows that this longstanding practice is not always followed, and solicitors general have been throwing provisions of federal laws under the bus for decades. Thirteen times in the past six years, the Justice Department has opted not to defend a statute.
Baker & McKenzie Hit With $103 Million Malpractice Verdict
The American Lawy
A Mississippi jury has found in favor of a former Baker & McKenzie client by returning a $103 million malpractice verdict against the firm and a lawyer in its Dallas office. Plaintiff S. Lavon Evans Jr. claimed that Baker & McKenzie represented him at the same time that it advised his partner in an oil rig drilling business, according to reports. Evans further claims he was unaware that his partner, Charles Reed Cagle, was insolvent and was using his own assets as leverage to obtain millions of dollars in loans.
Gay Mich. Student Drops Protection Request Against Assistant AG
The Associated Press
The gay student government president at the University of Michigan dropped a request Monday for a personal protection order against a state lawyer who heckled his speeches and criticized him on a blog. Chris Armstrong had accused Assistant Attorney General Andrew Shirvell of videotaping a late-night party at his off-campus house, showing up at campus appearances with a sign that said "racist" and "liar" and lambasting him as someone with a "radical homosexual agenda" on his blog.
Disbarment Sought for Attorney Who Claimed to Channel Client's Dead Wife
The National Law Journal
The State Bar of Arizona wants to throw the book at an attorney who told a client she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding. Earlier this month, the Disciplinary Commission of the Supreme Court of Arizona upped Charna Johnson's suspension from six months and a day to one year followed by two years of probation. However, the State Bar is still not satisfied and has filed a notice of its intent to ask the Supreme Court to review the case and disbar Johnson.
9th Circuit Delivers Death Blow to Off-Label Marketing Suit Against Amgen
The American Lawyer
The 9th Circuit has affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act class action accusing Amgen of falsely marketing its anemia medicines, Epogen and Aranesp, for off-label purposes such as heart failure and cancer. The court concluded that none of the Amgen statements cited by plaintiffs were actually false or misleading when their complaint was made, and also found that the class, led by the Sheet Metal Workers National Health Fund, failed to link the statements to any alleged injury.
Court Declines to Sanction Former Partner Suing Holland & Knight
New York Law Journal
A New York state judge has declined to sanction a former Holland & Knight partner who is suing the firm over his 2002 termination. In a decision filed Monday, the judge declined to adopt a referee's recommendation to fine John K. Weir $2,500 plus attorney fees and costs for failing to file a timely notice that his case was ready for trial. The judge said the finding that Weir missed the deadline to file the notice does not rise "to the level of harassment or other frivolous conduct" within the meaning of the law.
Free Speech Protects Amazon Buyers' Data, Federal Judge Rules
The Associated Press
Lists that identify the books, music and movies individual customers bought from online retailer Amazon.com are protected from North Carolina tax collectors, a federal judge has ruled. Amazon said in an April lawsuit that disclosing the names, addresses and purchases of customers as requested by the North Carolina Revenue Department would harm anyone who may have bought controversial books or movies. At stake are potentially millions of dollars in taxes that North Carolina contends Amazon was responsible for collecting.
Lawyer Arrested for Allegedly Making Threatening, Racist Phone Calls
New York Law Journal
A lawyer for the New York state Department of Civil Service was arrested last week for allegedly making threatening phone calls over the summer. In the first, the caller used racial slurs and threatened to kill a black woman. In the second, the caller threatened to "kidnap the little black boy who plays outside and tie him up." The calls blamed on James A. Hennessey Jr., which authorities said were masked by using a website called www.bluffmycall.com, were traced by police and the FBI.
Lawyer Files Continuance for 'Very Important Baseball Business' -- Attending World Series
Texas Lawyer
A Dallas lawyer filed a continuance motion Monday so he can attend his favorite team's first-ever World Series appearance today. Darrell W. Cook says he has tickets to Game 1 of the World Series between the Texas Rangers and the San Francisco Giants, which falls on the same day as a pretrial hearing in his client's code enforcement case. "I would really rather be there ... at the court," the motion says, "But I can't be there and attending to some very important baseball business in San Francisco. I'm only one dude.
Sidley Austin Looks to Riverbed to Build a Broader Network
Legal Tech Newsletter
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.
Visit Legal Technology
The Careerist: The Power Look -- White Males Only?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. The Power Look -- White Males Only? Plus Law Schools Face More Pressure to Provide Job Data -- Maybe; Ugandan Women Get Rare Chance to Go to Law School And MBAs More Uncouth Than J.D.s?
Visit The Careerist
Managing Partners Have Positive Outlook, Survey Shows
Daily Business Review
After two years of increasing pessimism, the Daily Business Review's annual managing partner survey found that the vast majority of managing partners at firms with South Florida offices feel "somewhat" or "quite" optimistic about the future of both their law firms and the industry.
Visit lawjobs.com News & Views
Some Disabled Lawyers Find Going Solo Works Best
The National Law Journal
George Walls Jr., who is paralyzed from the shoulders down, has worked for another lawyer, and as an in-house lawyer, but found that going solo is the best fit for him -- and he's not alone. Disabled lawyers across the country say hanging out a shingle helps them manage their physical needs and limitations. Those who receive Social Security disability benefits can maximize income without exceeding government-benefit restrictions and even provide low-cost or free legal help to disabled and low-income clients.
Visit Small Firm Business
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County
In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
October 27, 2010.
1. The People of the State of New York, Respondent, v. Kevin Anderson, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept. 2010., 3440- 3441
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Ronald Zweibel, J. at plea; John Cataldo, J., at sentence and re-sentence), rendered on or about April 3, 2008,And said appeal having been argued . . .
2. The People of the State of New York, Respondent, v. Segundo Tutiven, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3443
_________________________ Judgment, Supreme Court, New York County (Bruce Allen, J.), Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 833 1976 ). We have reviewed this record and agree with appell. . .
3. The People of the State of New York, Respondent, v. Thomas Correa, etc., Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3444
_________________________ Judgment, Supreme Court, New York County (Laura A. Ward, J. at suppression hearing; James A. Yates, J. at plea and sentence), rendered December 4, 2008, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a secon. . .
4. The People of the State of New York, Respondent, v. Danny Sarita, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3445
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered August 25, 2009, convicting defendant, after a jury trial, of gang assault in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. Defendant did not preserve his challeng. . .
5. The People of the State of New York, Respondent, v. Jerry Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3449
_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J. at dismissal motion; Marcy L. Kahn, J. at jury trial and sentence), rendered September 29, 2008, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a. . .
6. The People of the State of New York, Respondent, v. Joseph Grant, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3450
_________________________ Judgment, Supreme Court, New York County (Maxwell Wiley, J. at hearing; Arlene Goldberg, J. at jury trial and sentence), rendered November 7, 2007, convicting defendant of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of . . .
7. & The People of the State of New York, Respondent, v. Edward Bowman, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3452 M-4521
_________________________ Judgment, Supreme Court, New York County (John Cataldo, J.), rendered August 3, 2006, convicting defendant, after a jury trial, of assault in the first degree, attempted robbery in the first and second degrees and conspiracy in the fourth degree, and sentencing him, as a . . .
8. The People of the State of New York, Respondent, v. Troy Manners, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3453
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 12, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 years, unan. . .
9. The People of the State of New York, Respondent, v. Trevor Simms, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3455
_________________________ Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 19, 2008, resentencing defendant, as a second felony offender, to a term of 7 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding . . .
10. The People of the State of New York, Respondent, v. Kijuan Smith, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3462
_________________________ Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 4, 2008, convicting defendant, after a nonjury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.The verdict . . .
11. The People of the State of New York, Respondent, v. Alexis Mendez, etc., Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3465
_________________________ Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on or about October 27, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D. . .
12. The People of the State of New York, Respondent, v. Ronald Gantt, Defendant-Respondent.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3470
_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered May 26, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, a. . .
13. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.
908 N.Y.S.2d 194, N.Y.A.D. 1 Dept. 2010.,
Affirmed. Background: Following vacatur, 54 A.D.2d 768, 387 N.Y.S.2d 694, of his original conviction, defendant was convicted by a jury in the Supreme Court, New York County, Renee A. White, J., at speedy trial motion, and Bonnie B. Wittner, J., at trial and sentence, of first-degree rape and . . .
14. The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.
908 N.Y.S.2d 181, N.Y.A.D. 1 Dept. 2010.,
Affirmed. Catterson, J., filed a dissenting opinion in which Andrias, J.P., joined. Background: Defendant moved to dismiss indictment charging sexual abuse in the first degree. The Supreme Court, New York County, Renee A. White, J., granted motion. State appealed. Order, Supreme Cour. . .
October 27, 2010.
1. The People of the State of New York, Respondent, v. Kevin Anderson, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept. 2010., 3440- 3441
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Ronald Zweibel, J. at plea; John Cataldo, J., at sentence and re-sentence), rendered on or about April 3, 2008,And said appeal having been argued . . .
2. The People of the State of New York, Respondent, v. Segundo Tutiven, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3443
_________________________ Judgment, Supreme Court, New York County (Bruce Allen, J.), Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 833 1976 ). We have reviewed this record and agree with appell. . .
3. The People of the State of New York, Respondent, v. Thomas Correa, etc., Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3444
_________________________ Judgment, Supreme Court, New York County (Laura A. Ward, J. at suppression hearing; James A. Yates, J. at plea and sentence), rendered December 4, 2008, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a secon. . .
4. The People of the State of New York, Respondent, v. Danny Sarita, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3445
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered August 25, 2009, convicting defendant, after a jury trial, of gang assault in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. Defendant did not preserve his challeng. . .
5. The People of the State of New York, Respondent, v. Jerry Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3449
_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J. at dismissal motion; Marcy L. Kahn, J. at jury trial and sentence), rendered September 29, 2008, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a. . .
6. The People of the State of New York, Respondent, v. Joseph Grant, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3450
_________________________ Judgment, Supreme Court, New York County (Maxwell Wiley, J. at hearing; Arlene Goldberg, J. at jury trial and sentence), rendered November 7, 2007, convicting defendant of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of . . .
7. & The People of the State of New York, Respondent, v. Edward Bowman, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3452 M-4521
_________________________ Judgment, Supreme Court, New York County (John Cataldo, J.), rendered August 3, 2006, convicting defendant, after a jury trial, of assault in the first degree, attempted robbery in the first and second degrees and conspiracy in the fourth degree, and sentencing him, as a . . .
8. The People of the State of New York, Respondent, v. Troy Manners, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3453
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 12, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 years, unan. . .
9. The People of the State of New York, Respondent, v. Trevor Simms, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3455
_________________________ Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 19, 2008, resentencing defendant, as a second felony offender, to a term of 7 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding . . .
10. The People of the State of New York, Respondent, v. Kijuan Smith, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3462
_________________________ Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 4, 2008, convicting defendant, after a nonjury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.The verdict . . .
11. The People of the State of New York, Respondent, v. Alexis Mendez, etc., Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3465
_________________________ Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on or about October 27, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D. . .
12. The People of the State of New York, Respondent, v. Ronald Gantt, Defendant-Respondent.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3470
_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered May 26, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, a. . .
13. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.
908 N.Y.S.2d 194, N.Y.A.D. 1 Dept. 2010.,
Affirmed. Background: Following vacatur, 54 A.D.2d 768, 387 N.Y.S.2d 694, of his original conviction, defendant was convicted by a jury in the Supreme Court, New York County, Renee A. White, J., at speedy trial motion, and Bonnie B. Wittner, J., at trial and sentence, of first-degree rape and . . .
14. The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.
908 N.Y.S.2d 181, N.Y.A.D. 1 Dept. 2010.,
Affirmed. Catterson, J., filed a dissenting opinion in which Andrias, J.P., joined. Background: Defendant moved to dismiss indictment charging sexual abuse in the first degree. The Supreme Court, New York County, Renee A. White, J., granted motion. State appealed. Order, Supreme Cour. . .
Tuesday, October 26, 2010
Congressional Research Service (CRS) Reports Posted on October 26, 2010*
High Risk Pools Under PPACA and the Coverage of Elective Abortion Services
Memorandum No. M-072310
Subjects: Abortion; Health Policy
CRS Reports, 111th Congress (7/23/2010; Posted: 10/26/2010)
---------------------------------
Mandatory Coverage of Certain Preventive Health Services Under Section 1001 of the Patient Protection and Affordable Care Act
Memorandum No. M-092910
Subjects: Health Policy
CRS Reports, 111th Congress (9/29/2010; Posted: 10/26/2010)
---------------------------------
Preliminary assessment of efficiency initiatives announced by Secretary of Defense Gates on August 9, 2010
Memorandum No. M-081210
Subjects: Defense Economics
CRS Reports, 111th Congress (8/12/2010; Posted: 10/26/2010)
---------------------------------
Legal Analysis of Section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act and State-Sponsored Public Health Plans
Memorandum No. M-092410
Subjects: Health Policy
CRS Reports, 111th Congress (9/24/2010; Posted: 10/26/2010)
---------------------------------
Final Rules Pursuant to the Patient Protection and Affordable Care Act During the First Six Months of Implementation
Memorandum No. M-100610
Subjects: Health Policy
CRS Reports, 111th Congress (10/6/2010; Posted: 10/26/2010)
---------------------------------
House Committees: Categories and Rules for Committee Assignments
Report No. 98-151
Subjects: Congress
CRS Reports, 111th Congress (10/19/2010; Posted: 10/26/2010)
---------------------------------
Constitutional Issues Raised by Pending Bills to Expand Liability under the Death on the High Seas Act and the Jones Act
Memorandum No. M-062810
Subjects: Constitution; Law
CRS Reports, 111th Congress (6/28/2010; Posted: 10/26/2010)
---------------------------------
Questions Regarding Employer Responsibility Requirements and Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act
Memorandum No. M-042910
Subjects: Congress; Health Policy; State and Local Government
CRS Reports, 111th Congress (4/29/2010; Posted: 10/26/2010)
---------------------------------
SBA Small Business Investment Company Program
Report No. R41456
Subjects: Business; Finance
CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)
---------------------------------
EPA's Boiler MACT: Controlling Emissions of Hazardous Air Pollutants
Report No. R41459
Subjects: Air Pollution
CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)
---------------------------------
Questions About Health Reform and Noncitizens
Memorandum No. M-052710
Subjects: Health Policy; Immigration
CRS Reports, 111th Congress (5/27/2010; Posted: 10/26/2010
_________________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
Memorandum No. M-072310
Subjects: Abortion; Health Policy
CRS Reports, 111th Congress (7/23/2010; Posted: 10/26/2010)
---------------------------------
Mandatory Coverage of Certain Preventive Health Services Under Section 1001 of the Patient Protection and Affordable Care Act
Memorandum No. M-092910
Subjects: Health Policy
CRS Reports, 111th Congress (9/29/2010; Posted: 10/26/2010)
---------------------------------
Preliminary assessment of efficiency initiatives announced by Secretary of Defense Gates on August 9, 2010
Memorandum No. M-081210
Subjects: Defense Economics
CRS Reports, 111th Congress (8/12/2010; Posted: 10/26/2010)
---------------------------------
Legal Analysis of Section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act and State-Sponsored Public Health Plans
Memorandum No. M-092410
Subjects: Health Policy
CRS Reports, 111th Congress (9/24/2010; Posted: 10/26/2010)
---------------------------------
Final Rules Pursuant to the Patient Protection and Affordable Care Act During the First Six Months of Implementation
Memorandum No. M-100610
Subjects: Health Policy
CRS Reports, 111th Congress (10/6/2010; Posted: 10/26/2010)
---------------------------------
House Committees: Categories and Rules for Committee Assignments
Report No. 98-151
Subjects: Congress
CRS Reports, 111th Congress (10/19/2010; Posted: 10/26/2010)
---------------------------------
Constitutional Issues Raised by Pending Bills to Expand Liability under the Death on the High Seas Act and the Jones Act
Memorandum No. M-062810
Subjects: Constitution; Law
CRS Reports, 111th Congress (6/28/2010; Posted: 10/26/2010)
---------------------------------
Questions Regarding Employer Responsibility Requirements and Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act
Memorandum No. M-042910
Subjects: Congress; Health Policy; State and Local Government
CRS Reports, 111th Congress (4/29/2010; Posted: 10/26/2010)
---------------------------------
SBA Small Business Investment Company Program
Report No. R41456
Subjects: Business; Finance
CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)
---------------------------------
EPA's Boiler MACT: Controlling Emissions of Hazardous Air Pollutants
Report No. R41459
Subjects: Air Pollution
CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)
---------------------------------
Questions About Health Reform and Noncitizens
Memorandum No. M-052710
Subjects: Health Policy; Immigration
CRS Reports, 111th Congress (5/27/2010; Posted: 10/26/2010
_________________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
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