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...
Showing posts with label Criminal Law and Justice. Show all posts
Showing posts with label Criminal Law and Justice. Show all posts
Wednesday, October 27, 2010
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...
Tuesday, October 12, 2010
New York Legislature: Activity Report
Source: New York Legislative Retrieval System (LRS), Search run Octover 10, 2010
To retrieve the text of any of the New York Chapter laws and Bills pending listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and select either chapter laws or bills from the menu.
CHAPTER LAWS REPORTED AS SIGNED OCTOBER 10, 2010.
Chapter Bill No.
532 A6420 Weisenberg -- Relates to the commission for the blind and the operation of vending facilities
BLURB : Comm for blind oprtn vndng faclty
Chapter Signed Date Effective Date
532 10/01/2010 10/01/2010
Last Act: 10/01/10 signed chap.532
533 S2813C AUBERTINE -- Establishes the North Country power authority and provides for its powers and duties
BLURB : Pub Aut. North Country power auth
Chapter Signed Date Effective Date
533 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.533
534 S3603C STAVISKY -- Requires a report by the higher education services corporation
BLURB : Educ rpt TAP
Chapter Signed Date Effective Date
534 10/01/2010 and shall expire and be deemed repealed upon the submission of the report on 2/15/2013
Last Act: 10/01/10 SIGNED CHAP.534
535 S4057B STEWART-COUSINS -- Establishes the child health plus and school meals enrollment coordination act of 2011
BLURB : Pub Heal. child hlth plus sch mls
Chapter Signed Date Effective Date
535 10/01/2010 takes effect 6/1/2011 and shall apply to the 2011-2012 academic year
Last Act: 10/01/10 SIGNED CHAP.535
536 S5000B DUANE -- Relates to eliminating cost-sharing, deductibles and co-payments for certain prescription drugs
BLURB : Pub Heal. prohib tier iv drug pri
Chapter Signed Date Effective Date
536 10/01/2010 takes effect on (10/31/10) the thirtieth day after it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.536
537 S5474 SAVINO -- Relates to pilotage rates at Sandy Hook, Sands Point or Execution Rocks
BLURB : Nav. pltg rts
Chapter Signed Date Effective Date
537 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.537
538 S5634 SAVINO -- Removes restrictions on designation of officers or employees of subsidiary corporations of the MTA as public officers or public employees
BLURB : Pub Aut. public officers/employee
Chapter Signed Date Effective Date
538 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.538
539 S7441C PERALTA -- Requires hospitals to prepare and distribute a leaflet on how parents can subscribe to the US consumer product safety commission's e-mail subscription lists
BLURB : Pub Heal. safety recall info
Chapter Signed Date Effective Date
539 10/01/2010 takes effect on (5/1/11) the first of May next succeeding the date on which it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of health on or before such effective date
Last Act: 10/01/10 SIGNED CHAP.539
540 S7451 SAVINO -- Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment
BLURB : Lab. child care organize
Chapter Signed Date Effective Date
540 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.540
541 S7483A HUNTLEY -- Enacts the "hospital closure planning act"
BLURB : Pub Heal. hospital closure plan
Chapter Signed Date Effective Date
541 10/01/2010 and shall apply only to general hospitals that close on or after such effective date
Last Act: 10/01/10 SIGNED CHAP.541
542 S7717 SEWARD -- Extends the authorization for the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property until 2012
BLURB : Extend. Herkimer rec.tax
Chapter Signed Date Effective Date
542 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.542
543 S7753 OPPENHEIMER -- Relates to local enforcement of bulk storage of petroleum and the collection of fines and penalties
BLURB : En Con L. lcl enfrc
Chapter Signed Date Effective Date
543 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.543
544 S7773A BRESLIN -- Enacts provisions providing sponsored group personal insurance and allows such insurance to be written by authorized insurers
BLURB : Ins. sponsored group personal isr
Chapter Signed Date Effective Date
544 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.544
545 S8057 SAVINO -- Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share
BLURB : EPT L. rt of elctn; default time
Chapter Signed Date Effective Date
545 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.545
546 S8083 KRUEGER -- Relates to the determination of adjusted base proportions in special assessing units which are cities for the fiscal year 2011
BLURB : RPT L. adjusted base proportions
Chapter Signed Date Effective Date
546 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.546
547 S8244 LIBOUS -- Relates to the license to sell liquors at retail for consumption at 4 North Main street in the town of Bainbridge
BLURB : ABC. bev. liquor lic at 4 N. Main
Chapter Signed Date Effective Date
547 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.547
548 S8361 PERALTA -- Authorizes the city of New York to sell certain property that cannot be independently developed
BLURB : NYC Chart. sale of certain prop
Chapter Signed Date Effective Date
548 10/01/2010 takes effect immediately and shall expire 12/31/2015, when upon such date the provisions of this act shall be deemed repealed
Last Act: 10/01/10 SIGNED CHAP.548
549 S8372 KLEIN -- Provides for temporary surrender of the license of a dentist or pharmacist with a drug or alcohol abuse problem, or such other disposition as determined by the department of education
BLURB : Ed L. profssnl assistnce progrm
Chapter Signed Date Effective Date
549 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.549
PENAL LAW:
Bill No.
S7448A JOHNSON C -- Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks
Same as A10300-A
Last Act: 10/01/10 VETOED MEMO.6826
To retrieve the text of any of the New York Chapter laws and Bills pending listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and select either chapter laws or bills from the menu.
CHAPTER LAWS REPORTED AS SIGNED OCTOBER 10, 2010.
Chapter Bill No.
532 A6420 Weisenberg -- Relates to the commission for the blind and the operation of vending facilities
BLURB : Comm for blind oprtn vndng faclty
Chapter Signed Date Effective Date
532 10/01/2010 10/01/2010
Last Act: 10/01/10 signed chap.532
533 S2813C AUBERTINE -- Establishes the North Country power authority and provides for its powers and duties
BLURB : Pub Aut. North Country power auth
Chapter Signed Date Effective Date
533 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.533
534 S3603C STAVISKY -- Requires a report by the higher education services corporation
BLURB : Educ rpt TAP
Chapter Signed Date Effective Date
534 10/01/2010 and shall expire and be deemed repealed upon the submission of the report on 2/15/2013
Last Act: 10/01/10 SIGNED CHAP.534
535 S4057B STEWART-COUSINS -- Establishes the child health plus and school meals enrollment coordination act of 2011
BLURB : Pub Heal. child hlth plus sch mls
Chapter Signed Date Effective Date
535 10/01/2010 takes effect 6/1/2011 and shall apply to the 2011-2012 academic year
Last Act: 10/01/10 SIGNED CHAP.535
536 S5000B DUANE -- Relates to eliminating cost-sharing, deductibles and co-payments for certain prescription drugs
BLURB : Pub Heal. prohib tier iv drug pri
Chapter Signed Date Effective Date
536 10/01/2010 takes effect on (10/31/10) the thirtieth day after it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.536
537 S5474 SAVINO -- Relates to pilotage rates at Sandy Hook, Sands Point or Execution Rocks
BLURB : Nav. pltg rts
Chapter Signed Date Effective Date
537 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.537
538 S5634 SAVINO -- Removes restrictions on designation of officers or employees of subsidiary corporations of the MTA as public officers or public employees
BLURB : Pub Aut. public officers/employee
Chapter Signed Date Effective Date
538 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.538
539 S7441C PERALTA -- Requires hospitals to prepare and distribute a leaflet on how parents can subscribe to the US consumer product safety commission's e-mail subscription lists
BLURB : Pub Heal. safety recall info
Chapter Signed Date Effective Date
539 10/01/2010 takes effect on (5/1/11) the first of May next succeeding the date on which it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of health on or before such effective date
Last Act: 10/01/10 SIGNED CHAP.539
540 S7451 SAVINO -- Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment
BLURB : Lab. child care organize
Chapter Signed Date Effective Date
540 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.540
541 S7483A HUNTLEY -- Enacts the "hospital closure planning act"
BLURB : Pub Heal. hospital closure plan
Chapter Signed Date Effective Date
541 10/01/2010 and shall apply only to general hospitals that close on or after such effective date
Last Act: 10/01/10 SIGNED CHAP.541
542 S7717 SEWARD -- Extends the authorization for the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property until 2012
BLURB : Extend. Herkimer rec.tax
Chapter Signed Date Effective Date
542 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.542
543 S7753 OPPENHEIMER -- Relates to local enforcement of bulk storage of petroleum and the collection of fines and penalties
BLURB : En Con L. lcl enfrc
Chapter Signed Date Effective Date
543 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.543
544 S7773A BRESLIN -- Enacts provisions providing sponsored group personal insurance and allows such insurance to be written by authorized insurers
BLURB : Ins. sponsored group personal isr
Chapter Signed Date Effective Date
544 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.544
545 S8057 SAVINO -- Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share
BLURB : EPT L. rt of elctn; default time
Chapter Signed Date Effective Date
545 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.545
546 S8083 KRUEGER -- Relates to the determination of adjusted base proportions in special assessing units which are cities for the fiscal year 2011
BLURB : RPT L. adjusted base proportions
Chapter Signed Date Effective Date
546 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.546
547 S8244 LIBOUS -- Relates to the license to sell liquors at retail for consumption at 4 North Main street in the town of Bainbridge
BLURB : ABC. bev. liquor lic at 4 N. Main
Chapter Signed Date Effective Date
547 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.547
548 S8361 PERALTA -- Authorizes the city of New York to sell certain property that cannot be independently developed
BLURB : NYC Chart. sale of certain prop
Chapter Signed Date Effective Date
548 10/01/2010 takes effect immediately and shall expire 12/31/2015, when upon such date the provisions of this act shall be deemed repealed
Last Act: 10/01/10 SIGNED CHAP.548
549 S8372 KLEIN -- Provides for temporary surrender of the license of a dentist or pharmacist with a drug or alcohol abuse problem, or such other disposition as determined by the department of education
BLURB : Ed L. profssnl assistnce progrm
Chapter Signed Date Effective Date
549 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.549
PENAL LAW:
Bill No.
S7448A JOHNSON C -- Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks
Same as A10300-A
Last Act: 10/01/10 VETOED MEMO.6826
Friday, October 08, 2010
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County
October 7, 2010.
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:
1. The PEOPLE of the State of New York, Respondent, v. D'Juan COLLINS, Defendant-Appellant.
2010 WL 3853360, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Rena K. Uviller, J. at hearings and waiver of counsel; Lewis Bart Stone, J. at jury trial and sentence), rendered August 15, 2008, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a . . .
2. The PEOPLE of the State of New York, Respondent, v. Kerry JORDAN, Defendant-Appellant.
2010 WL 3853371, N.Y.A.D. 1 Dept.,2010.,
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered May 19, 2008, convicting defendant, after a nonjury trial, of aggravated criminal contempt, criminal contempt in the first degree (five counts), assault in the third degree and criminal mischief in the fourth degree and sentencing. . .
3. The PEOPLE of the State of New York, Respondent, v. Nouchie VELLON, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), rendered on or about October 14, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had there. . .
4. The PEOPLE of the State of New York, Respondent, v. Donnella WHITE, Defendant-Appellant.
2010 WL 3854438, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Arlene R. Silverman, J. at hearing; Bruce Allen, J. at jury trial and sentence), rendered April 20, 2009, convicting defendant of grand larceny in the third degree and two counts of offering a false instrument for filing, and sentencing her to an aggregate t. . .
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:
1. The PEOPLE of the State of New York, Respondent, v. D'Juan COLLINS, Defendant-Appellant.
2010 WL 3853360, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Rena K. Uviller, J. at hearings and waiver of counsel; Lewis Bart Stone, J. at jury trial and sentence), rendered August 15, 2008, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a . . .
2. The PEOPLE of the State of New York, Respondent, v. Kerry JORDAN, Defendant-Appellant.
2010 WL 3853371, N.Y.A.D. 1 Dept.,2010.,
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered May 19, 2008, convicting defendant, after a nonjury trial, of aggravated criminal contempt, criminal contempt in the first degree (five counts), assault in the third degree and criminal mischief in the fourth degree and sentencing. . .
3. The PEOPLE of the State of New York, Respondent, v. Nouchie VELLON, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), rendered on or about October 14, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had there. . .
4. The PEOPLE of the State of New York, Respondent, v. Donnella WHITE, Defendant-Appellant.
2010 WL 3854438, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Arlene R. Silverman, J. at hearing; Bruce Allen, J. at jury trial and sentence), rendered April 20, 2009, convicting defendant of grand larceny in the third degree and two counts of offering a false instrument for filing, and sentencing her to an aggregate t. . .
New York Appellate Criminal Cases Originating from the New York Supreme Court NY Count
October 8, 2010
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:
1. The People of the State of New York, Respondent, v. Greg Cantoni, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3306
_________________________ Judgment, Supreme Court, New York County (Gregory Carro, J. at request for new counsel; Daniel Conviser, J. at jury trial and sentence), rendered August 18, 2009, convicting defendant of criminal possession of stolen property in the fourth degree (two counts), criminal p. .
2. The People of the State of New York, Respondent, v. James Quinn, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3308
_________________________ _______________________ Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lindsey M. Kneipper of counsel), for respondent. . . .
3. The People of the State of New York, Respondent, v. Rafael Rodriguez, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3311- 3312
_________________________ Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression motion; Michael R. Ambrecht, J. at trial and sentence), rendered December 14, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and. . .
4. The People of the State of New York, Respondent, v. Edward Wright, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3316
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered on or about May 15, 2008, 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.2d 833 . .
5. The People of the State of New York, Respondent, v. Dequan Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3319
_________________________ Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9 1/2 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding imposing a term of postrel. .
.
6. x The People of the State of New York, Respondent, v. Clarence Williams, also known as Fletcher Anderson Worrell, Defendant- Appellant. ________________________________________x Defendant appeals from a judgment of the Supreme Court, New York County (Renee A. White, J. at speedy trial motion; Bonnie. . .
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 2753
The genesis of this proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether defendant's statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the. . .
7. The PEOPLE of the State of New York, Respondent, v. Hector SARCONE, Defendant-Appellant.
2010 WL 3782154, N.Y.A.D. 1 Dept. 2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Lewis Bart Stone, J.), rendered on or about November 21, 2008, And said appeal having been argued by counsel for the respective parties; and due deliberation having been ha. . .
8. The PEOPLE of the State of New York, Respondent, v. Samuel DeGANNES, Defendant-Appellant.
2010 WL 3782168, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 10, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. The court provided a meaningful response to . . .
9. The PEOPLE of the State of New York, Respondent, v. Bobby FERRELL, Defendant-Appellant.
2010 WL 3782323, N.Y.A.D. 1 Dept. 2010.,
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered October 14, 2008, convicting defendant, upon his pleas of guilty, of murder in the second degree, attempted murder in the second degree, robbery in the first degree and criminal sale of a controlled substance in or near school gro. . .
10. The PEOPLE of the State of New York, Respondent, v. Rafael PADILLA, Defendant-Appellant.
2010 WL 3701361, N.Y.A.D. 1 Dept. 2010.,
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 17, 2009, resentencing defendant to concurrent terms of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision w. . .
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:
1. The People of the State of New York, Respondent, v. Greg Cantoni, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3306
_________________________ Judgment, Supreme Court, New York County (Gregory Carro, J. at request for new counsel; Daniel Conviser, J. at jury trial and sentence), rendered August 18, 2009, convicting defendant of criminal possession of stolen property in the fourth degree (two counts), criminal p. .
2. The People of the State of New York, Respondent, v. James Quinn, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3308
_________________________ _______________________ Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lindsey M. Kneipper of counsel), for respondent. . . .
3. The People of the State of New York, Respondent, v. Rafael Rodriguez, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3311- 3312
_________________________ Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression motion; Michael R. Ambrecht, J. at trial and sentence), rendered December 14, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and. . .
4. The People of the State of New York, Respondent, v. Edward Wright, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3316
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered on or about May 15, 2008, 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.2d 833 . .
5. The People of the State of New York, Respondent, v. Dequan Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3319
_________________________ Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9 1/2 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding imposing a term of postrel. .
.
6. x The People of the State of New York, Respondent, v. Clarence Williams, also known as Fletcher Anderson Worrell, Defendant- Appellant. ________________________________________x Defendant appeals from a judgment of the Supreme Court, New York County (Renee A. White, J. at speedy trial motion; Bonnie. . .
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 2753
The genesis of this proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether defendant's statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the. . .
7. The PEOPLE of the State of New York, Respondent, v. Hector SARCONE, Defendant-Appellant.
2010 WL 3782154, N.Y.A.D. 1 Dept. 2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Lewis Bart Stone, J.), rendered on or about November 21, 2008, And said appeal having been argued by counsel for the respective parties; and due deliberation having been ha. . .
8. The PEOPLE of the State of New York, Respondent, v. Samuel DeGANNES, Defendant-Appellant.
2010 WL 3782168, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 10, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. The court provided a meaningful response to . . .
9. The PEOPLE of the State of New York, Respondent, v. Bobby FERRELL, Defendant-Appellant.
2010 WL 3782323, N.Y.A.D. 1 Dept. 2010.,
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered October 14, 2008, convicting defendant, upon his pleas of guilty, of murder in the second degree, attempted murder in the second degree, robbery in the first degree and criminal sale of a controlled substance in or near school gro. . .
10. The PEOPLE of the State of New York, Respondent, v. Rafael PADILLA, Defendant-Appellant.
2010 WL 3701361, N.Y.A.D. 1 Dept. 2010.,
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 17, 2009, resentencing defendant to concurrent terms of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision w. . .
Friday, October 01, 2010
Review: Reference Work for Comprehensively Researching Historical Criminal Records
A review of Ron Aron's Wanted: U.S. Criminal Readers - Sources and Research Methodology, posted on the Law Librarian Blog October 1, 2010.
Here is an excerpt from that posting:
..."If Aron's work was a valuable research tool just for family historians, I would not be writing about on LLB. Once I pry his publication out of the Blog Widow and her aunt's hands (well, most likely I will have to buy them a copy), it is going into our county law library reference collection because I know of no other research guide that is this comprehensive and detailed for investigating criminal records, all criminal records, not just digitized ones. The utility of Wanted! US Criminal Records–Sources & Research Methodology also clearly extends to professional historians, law profs and law students, sociologists and criminologists. Now they may not be the typical user of a county law library but academic law libraries, do take note. To effectively research criminal records, Aron writes 'you have to understand what sources of information are available and you need guidelines for finding and working with these records.' He provided both."
Click here to see complete review.
Here is an excerpt from that posting:
..."If Aron's work was a valuable research tool just for family historians, I would not be writing about on LLB. Once I pry his publication out of the Blog Widow and her aunt's hands (well, most likely I will have to buy them a copy), it is going into our county law library reference collection because I know of no other research guide that is this comprehensive and detailed for investigating criminal records, all criminal records, not just digitized ones. The utility of Wanted! US Criminal Records–Sources & Research Methodology also clearly extends to professional historians, law profs and law students, sociologists and criminologists. Now they may not be the typical user of a county law library but academic law libraries, do take note. To effectively research criminal records, Aron writes 'you have to understand what sources of information are available and you need guidelines for finding and working with these records.' He provided both."
Click here to see complete review.
Wednesday, September 29, 2010
U.S. Supreme Court: Wednesday Roundup
The U.S.Supreme Court agrees to hear fourteen new cases and changes its policy on releasing audio recordings of oral arguments. Two new cases involving Anna Nicole Smith and a corporate right to privacy attract the most attention from the media and blogosphere.
From a September 29,2010 posting by Adam Chandler on Scotusblog
From a September 29,2010 posting by Adam Chandler on Scotusblog
Tuesday, September 28, 2010
North Carolina: Effective Dates for the Satellite Based Monitoring Law
By Jeff Welty
North Carolina Criminal Law. UNC School of Government Blog ... 42), the effective date provision of the 2007 law that added the SBM determination hearing procedure set out in G.S. 14-208.40B (the provision under which Cowan was called back in to court) reads simply that it was effective December 1, 2007—after Cowan was sentenced and well after his 2005 offense date. The court of appeals disagreed, holding that the 2007 legislation adding G.S. 14-208.40A and -208.40B are ...
North Carolina Criminal Law - http://sogweb.sog.unc.edu/blogs/ncclaw/
North Carolina Criminal Law. UNC School of Government Blog ... 42), the effective date provision of the 2007 law that added the SBM determination hearing procedure set out in G.S. 14-208.40B (the provision under which Cowan was called back in to court) reads simply that it was effective December 1, 2007—after Cowan was sentenced and well after his 2005 offense date. The court of appeals disagreed, holding that the 2007 legislation adding G.S. 14-208.40A and -208.40B are ...
North Carolina Criminal Law - http://sogweb.sog.unc.edu/blogs/ncclaw/
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