Posted On: December 24, 2008

New York:2008 Chapter Law List Sorted By Chapter Law Numbers

At the end of each year we work with the New York Legislative Retrieval System (LRS) to compile a special list of legislation which has passed both houses of the legislature and been signed by the governor. Unlike some lists, this compilation contains added information such as effective dates. This explains why these lists, including the following are so long and may appear cumbersome to some. Hopefully you will find the following information useful.

Chapter Bill No.
1 S6422 NOZZOLIO -- Relates to the confinement conditions and treatment of convicted persons with serious mental illness; repealer
BLURB : Cor. confinement of mentally ill
Chapter Signed Date Effective Date
1 01/28/2008 provided that:
(a) §§1, 2, 3, 4 and 5 and subds 2 and 3 of §401-a of the correction law as added by §6 shall take effect two years after the date that the commissioner of correctional services certifies to the legislative bill drafting commission that the first residential mental health unit constructed by the department of correctional services is completed and ready to receive inmates, provided, however that such sections shall take effect no later than 7/1/2011;
(b) §§6 and 7 shall take effect 7/1/2008; and
(c) the commissioner of mental health and the commissioner of correctional services are immediately authorized to promulgate rules and regulations necessary to implement the provisions of this act on their respective effective dates

Last Act: 01/28/08 SIGNED CHAP.1
01/28/08 APPROVAL MEMO.1

2 S6423A NOZZOLIO -- Exempts county jails from the requirement to divert inmates with serious mental illness to a residential mental health treatment unit
BLURB : Cor. county jail: mentally ill
Chapter Signed Date Effective Date
2 01/28/2008 takes effect on the same date and in the same manner as §4 of chapter 1/2008, amending the correction law and the mental hygiene law relating to confinement conditions and treatment of convicted persons with serious mental illness, as proposed in legislative bills numbers S.6422 and A.9342, takes effect
Last Act: 01/28/08 SIGNED CHAP.2

3 S6477 PADAVAN -- Relates to distributing unsolicited advertising on private property in cities with a population of one million or more
BLURB : Gen Bus L. unsolicited advertisng
Chapter Signed Date Effective Date
3 01/28/2008 provided that §1 shall take effect on (11/13/2007) the same date and in the same manner as chapter 585/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.3

4 S6487B MAZIARZ -- Relates to a review of the condition of cafeterias in school districts of N.Y. city; repealer
BLURB : Lab. school cafeterias; NYC; rvw
Chapter Signed Date Effective Date
4 01/28/2008 provided that §2 shall expire 3/2/2008 when upon such date the provisions of such section shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.4

5 S6495 MALTESE -- Relates to provisional employees of certain public employers
BLURB : Civ Serv. provisional employees
Chapter Signed Date Effective Date
5 01/28/2008 and shall expire 12/31/2014 when upon such date the provisions of this act shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.5

6 S6509 LEIBELL -- Provides a real property tax exemption for Cold War veterans
BLURB : RPT L. Cold War vet; exempt
Chapter Signed Date Effective Date
6 01/28/2008 takes effect on (1/03/2008) the same date and in the same manner as chapter 655/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.6

7 A8582A Alessi (MS) -- Relates to the prevailing wage paid by individuals who are awarded public works contracts
BLURB : Lab. prevailing wage
Chapter Signed Date Effective Date
7 01/28/2008 takes effect on (4/27/08) the ninetieth day after it shall have become a law
Last Act: 01/28/08 signed chap.7
01/28/08 approval memo.2

8 S6519A FLANAGAN -- Relates to guaranteeing payment of prevailing wages to the workers of New York state; repealer
BLURB : Lab. prevailing wages for workers
Chapter Signed Date Effective Date
8 01/28/2008 takes effect on (4/27/08) the same date and in the same manner as a chapter of the laws of 2007 (became Ch. 7/08), amending the labor law and the general municipal law relating to guaranteeing payment of prevailing wages to the workers of New York state, as proposed in legislative bills numbers S. 5506-A and A. 8582-A, takes effect; provided that the amendments to subpars (iii) and (iv) of par a of subd 3-a of §220 of the labor law made by §3-a shall take effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect, when upon such date the provisions of §3 shall expire and be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.8
01/28/08 APPROVAL MEMO.2

9 S6549 FUSCHILLO -- Relates to special academic grants to the Roosevelt Union Free school district; makes an appropriation to defray the deficit of such school district
BLURB : ED L. Roosevelt UFSD; grants
Chapter Signed Date Effective Date
9 01/28/2008 01/28/2008
Last Act: 01/28/08 SIGNED CHAP.9

10 S6773 ROBACH -- Relates to compensation benefits and other terms and conditions of employment of certain state officers state officers and employees; repealer;appropriation
BLURB : Civ Serv. comp benefits
Chapter Signed Date Effective Date
10 01/28/2008 provided that the applicable effective date for Parts A through B shall be as specifically set forth in the last section of such Part
PART A
§ 27. immediately and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
PART B
§18. immediately and shall be deemed to have been in full force and effect on and after 4/1/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 01/28/08 SIGNED CHAP.10

11 A9817 John -- Relates to rates for workers' compensation insurance and sets forth conditions for a workers' compensation rate service organization; repealer
BLURB : Work C. workers' comp rate servc
Chapter Signed Date Effective Date
11 01/28/2008 takes effect 2/1/2008; provided that the amendments to par 2 of sub§ (a) of §2316 of the insurance law made by §11 shall take effect on the same date that §68 of chapter 6/2007 takes effect; provided that the amendments to §2316 of the insurance law made by §11 shall not affect the expiration of such section pursuant to §2342 of the insurance law and shall be deemed expired therewith; and provided that §10 shall expire and be deemed repealed 6/2/2013.
Last Act: 01/31/08 signed chap.11

12 A9551A Towns (MS) -- Relates to extending the provisions of chapter 591 of 2001 relating to limiting the check cashing exemption for national banks
BLURB : Banking; extd 591/01; check cash
Chapter Signed Date Effective Date
12 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.12
02/11/08 approval memo.3

13 A9650 Schimminger (MS) -- Extends the sales and compensating use tax for the county of Erie until November 30, 2010
BLURB : Tax. Erie county sales tx; extndr
Chapter Signed Date Effective Date
13 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.13

14 S5978A LIBOUS -- Extends provisions relating to rental vehicle provisions
BLURB : Motov extnds rentl vehcl provis
Chapter Signed Date Effective Date
14 02/19/2008 02/19/2008
Last Act: 02/19/08 SIGNED CHAP.14

15 S6446A GOLDEN -- Makes certain corrections relating to substantial government assistance, continued affordability, and certain other areas relating to real property
BLURB : RPT L. real property ch amendment
Chapter Signed Date Effective Date
15 02/19/2008 provided that §§ 1, 5 and 7 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 619/2007 took effect; and provided that §§ 2, 3, 4, 6 and 8 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 618/2007 took effect
Last Act: 02/19/08 SIGNED CHAP.15

16 A9340A Aubry -- Makes a technical amendment relating to the probation detainer warrant pilot program
BLURB : CP L. detainer warrant pilot: cor
Chapter Signed Date Effective Date
16 02/19/2008 provided that the amendments to subd 2 of § 410.92 of the criminal procedure law made by § 1 shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith
Last Act: 02/19/08 signed chap.16

17 A9443 Bradley -- Relates to the tax on real estate transfers in towns
BLURB : Tax. real estate trnsfrs in towns
Chapter Signed Date Effective Date
17 02/19/2008 takes effect on (1/1/08) the same date and in the same manner as ch 596/2007, takes effect
Last Act: 02/19/08 signed chap.17

18 A9998 Pretlow (MS) -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes
BLURB : RWB. racing corporations
Chapter Signed Date Effective Date
18 02/19/2008 provided, that §§ 14 and 16 shall take effect on the same date as the non-profit racing association known as The New York Racing Association, Inc.'s confirmation of a plan of reorganization in the pending
bankruptcy proceeding in the Southern District of New York; provided that the franchise oversight board shall notify the legislative bill drafting commission upon the occurrence of such confirmation of such plan of reorganization in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of § 44 of the legislative law and § 70-b of the public officers law; provided that the amendments to § 208-b of the racing, pari-mutuel wagering and breeding law made by § 16 shall be repealed on the same date as such section is repealed pursuant to ch 354/2005, as amended; provided that the amendments to para b of subd 3 of §527 of the racing, pari-mutuel wagering and breeding law made by § 69 shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and provided the amendments to § 909 of the racing, pari-mutuel wagering and breeding law made by § 82 shall not affect the repeal of such section and shall be deemed to be repealed therewith; provided that the amendments to § 912 of the racing, pari-mutuel wagering and breeding law made by § 85 shall not affect the expiration and repeal of such section and shall be deemed to expire therewith; provided that the amendments to § 1012 of the racing, pari-mutuel wagering and breeding law made by § 93 shall not affect the expiration of such section and shall be deemed to expire therewith; provided that §101 shall take effect 4/1/2008; provided that at the conclusion of each twelve month interval following the effective date of § 101, the lottery division shall make a report to the governor and legislature assessing the impact of the redistribution of video gaming machine revenues as provided for in this act with special attention to evaluating the effects on funding education aid, and making such recommendations as such lottery division analysts believe may enhance the revenue production in support of education from the conduct of video gaming; and §102-a shall take effect on (1/1/09) the first of January next succeeding the date on which it shall have become a law; and the amendments to § 1617-a of the tax law, made by §102, shall not affect the repeal of such section and shall be deemed repealed therewith
Last Act: 02/19/08 signed chap.18

19 A9820 Abbate (MS) -- Establishes retirement programs to permit members of the New York city teachers' retirement system and certain others to retire early without a reduction
BLURB : R & SS. nyc tchrs retire incntve
Chapter Signed Date Effective Date
19 02/27/2008 provided that:
(a) the amendments to §§ 603 and 613 of the retirement and social security law made by §§3, 3-a, 4 and 6 and the provisions of §5 adding §604-i to the retirement and social security law shall not affect the expiration of and shall expire on the same date as article 15 of such law, pursuant to §615 of the retirement and social security law;
(b) the amendments to subd a of §603 of the retirement and social security law made by §3 shall be subject to the expiration and reversion of such subdivision pursuant to §13 of chapter 682/2003, as amended, when upon such date the provisions of §3-a shall take effect;
(c) the provisions of §§6, 7, 8, 9, 10, 11, 12 and 13 shall remain in force and effect only so long as, pursuant to federal law, contributions picked up under such sections are not includible as gross income of a member for federal income tax purposes until distributed or made available to the member;
(d) the amendments to §13-521.1 of the administrative code of the city of New York made by §§7, 8, 9 and the amendments made to subd 19 of §2575 of the education law made by §§10, 11, 12 and 13 shall not affect the expiration of such provisions as provided for in chapter 681/1992, as amended; and
(e) the amendments to subd d of §613 of the retirement and social security law made by §6 shall not affect the expiration of such subdivision and shall be deemed to expire therewith
Last Act: 02/27/08 signed chap.19
02/27/08 approval memo.4

20 S6421A LIBOUS -- Relates to occupants of school buses between four and seven years of age
BLURB : V & T L. schl bus; 4 to 7 yr olds
Chapter Signed Date Effective Date
20 03/04/2008 takes effect on (11/1/07) the same date as chapter 241/2007 took effect
Last Act: 03/04/08 SIGNED CHAP.20

21 A6344B Gunther (MS) -- Requires policy holders to be provided with an annual notice that their policy does not cover damage caused by flooding or mudslides
BLURB : Ins. flood insurance annual notic
Chapter Signed Date Effective Date
21 03/04/2008 takes effect on (8/31/08) the one hundred eightieth day after it shall have become a law
Last Act: 03/04/08 signed chap.21

22 A8813A Weprin -- Enacts the fraternal benefit society modernization act of 2008
BLURB : Ins. fraternal beneft soc moderni
Chapter Signed Date Effective Date
22 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.22

23 A8925 Cahill -- Relates to adding the Esopus creek to the list of state creeks
BLURB : Exec. Esopus creek added
Chapter Signed Date Effective Date
23 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.23

24 A9357A Ortiz -- Chapter amends S. 6159-A and A. 9191, relating to residential services for the treatment of eating disorders; repealer
BLURB : Pub Heal. residential: eating dis
Chapter Signed Date Effective Date
24 03/04/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 676/2007; provided, further that the amendments to subd 2-a of §2799-h of the public health law made by §1 shall not affect the repeal of such subdivision and shall be deemed repealed therewith
Last Act: 03/04/08 signed chap.24

25 A9419 Glick -- Provides that no person shall stun to facilitate the killing of a fur-bearing animal by means of an electrical current
BLURB : Ag & Mkts. fur-bearing animals
Chapter Signed Date Effective Date
25 03/04/2008 takes effect on (10/27/07) the same date as chapter 642/2007 takes effect
Last Act: 03/04/08 signed chap.25

Continue reading " New York:2008 Chapter Law List Sorted By Chapter Law Numbers " »

Posted On: December 23, 2008

Report to President Elect Obama: Transition Staff Contacts With the Office of the Governor of Illinois

Barack Obama's transition team has released its internal report about any contacts between Mr. Obama's staff and embattled Gov. Rod Blagojevich over an appointment to the Senate seat being vacated by Mr. Obama.

Click here to see internal report


Posted On: December 23, 2008

Special Report: Toward a 21st Century Right-to-Know Agenda: Recommendations to President-elect Obama and Congress

At the beginning of 2007, the steering committee of OpenTheGovernment.org put a spotlignt on the importance of developing recommendations for the next administration and Congress to strengthen government transparency. OMB Watch agreed to spearhead such a project and to work with the OpenTheGovernment.org coalition and others including the AALL Government Relations Office staff in fashioning recommendations for providing a new roadmap for openness in the federal government that will in turn provide greater government transparancy, accountability and usability of government information.

The resulting report "Moving Toward a 21st Century Right-to-Know Agenda: Recommendations to President-elect Obama and Congress," was delivered to President-Elect Obama's transition team the day after the election. It includes more than 70 prioritized recommendations on issues relating to national security and secrecy, usability of government information, and how to create an environment for greater transparency. Those who are concerned and would like to make their own positions known can go to a special website established by OMB Watch and endorse the findings of the Report.

Posted On: December 23, 2008

Haworth Journal Titles Now on Informaworld

All subscribers to journal titles published by Haworth Press should have received the following e-mail. Although it is only addressed to current subscribers, others may also be interested in this information; we are therefore posting the letter here:


Dear subscriber,

I am delighted to let you know that from today all journal titles formerly published by Haworth Press are now available at www.informaworld.com. This marks the first stage in migrating the ejournals from www.haworthpress.com to www.informaworld.com. The following information will help you to prepare for a smooth platform transition for you and your users.

Timeline
From today all Haworth journal titles are available from www.informaworld.com. From this point, no new content with a 2009 volume year will be added to www.haworthpress.com, nor will any new accounts be created on the site.

The Haworth Press site will run in tandem with informaworld until 30th March 2009, after which date the Haworth Press site will be closed.

Online Access
The Haworth Press licence currently allows access to purchased volume years only. We have amended this access model to allow access to current content with a current subscription along with a backfile to 1997, where digitised. Access to previous content will be made available through our Online Archive Packages, with further details to follow in the New Year. Purchased content will be available in perpetuity.

In most cases, online access should be transferred automatically to your institution™s informaworld account. In the case of personal subscribers and any new institutional subscribers who do not yet have an informaworld account you will receive an email detailing how to access your subscription. We advise you to check your access thoroughly whilst we are dual hosting and report any anomalies to the informaworld support team at support@informaworld.com.

Online Access to Ceased Titles
We plan to host ceased titles from www.haworthpress.com on informaworld. A list of these titles can be found at www.informaworld.com/uploads/haworth_ceased_merged_renamed.xls. Users will need to claim online access to ceased titles by contacting support@informaworld.com.

Academic to Calendar Year subscriptions
Haworth Press published some titles on an academic year basis (September to August). Taylor & Francis will be publishing these titles on a calendar year basis. All volumes are being published on a calendar year basis from 2008.

Link Resolvers
We are working with the following link resolver intermediaries: Serials Solutions, Ex Libris, TD Net, Ebsco Industries A-Z, Goldrush and OCLC. Depending on their update schedules (which are usually monthly) Haworth content should feature in informaworld holdings during January for most providers. Where knowledgebases are not updated during January, the content will appear in early February. In the interim, a list of holdings, urls and current content access date ranges for Haworth titles is available at

www.informaworld.com/uploads/haworth_current_content_access_ranges.xls.

Usage Statistics

Currently the usage statistics on www.haworthpress.com are not COUNTER Compliant. Because the data is not compliant we do not plan to migrate the Haworth Press usage statistics to informaworld. We do hope, after the close of the Haworth Press site, to make available the previous usage statistics from the site. We encourage any user wishing to access these statistics to download them from www.haworthpress.com before 30th March 2009.

It is our hope that this transition causes minimal disruption to you and your library users. Your patience during this transition is very much appreciated and we hope that the move to informaworld from Haworth Press will provide an improved user experience in the long term.

With kind regards,
Jennifer McMillan
Library Marketing Manager
Taylor & Francis Group
support@informaworld.com


Posted On: December 23, 2008

Technology: What's Coming in 2009?

Michael Gartenberg's predictions as reported in Computerworld - December 17. 2008.

"Well, it's that time of the year again. Time to enjoy the glow of a nice LED-backlit display and huddle with the warmth that only an overclocked PC can produce. Yep, it's time to take a look at what's going to happen in technology in 2009. Here are my five predictions for the new year."

Posted On: December 23, 2008

Gates Foundation Awards Library Internet Grants

"The Bill and Melinda Gates Foundation has awarded nearly US$7 million to fund a pilot program aimed at helping public libraries in seven states get faster Internet connections, the foundation announced Thursday. The Bill and Melinda Gates Foundation has awarded nearly US$7 million to fund a pilot program aimed at helping public libraries in seven states get faster Internet connections, the foundation announced Thursday". Click to Continue.
_____________________
CIO Insider, December 19, 2008.

Posted On: December 23, 2008

Findlaw Case Summaries: Constitutional Law

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

Week of December 15-19, 2008.

U.S. 2nd Circuit Court of Appeals, December 15, 2008
Doe, Inc. v. Mukasey, No. 074943
In litigation concerning First Amendment challenges to the constitutionality of statutes governing the issuance and judicial review of National Security Letters (NSLs) which request records from providers of wire or electronic communication services, decision finding 18 U.S.C. subsections 2709(c) and 3511(b) unconstitutional and enjoining certain actions by FBI officials is affirmed in part, reversed in part, and remanded where: 1) the statutes are construed to avoid some constitutional challenges; 2) subsections 2709(c) and 3511(b) were unconstitutional to the extent that they imposed a nondisclosure requirement on NSL recipients without placing on the Government the burden of initiating judicial review of such a requirement; 3) subsections 3511(b)(2) and (b)(3) were unconstitutional to the extent that a governmental official's certification that disclosure may endanger the national security of the U.S. or interfere with diplomatic relations was treated as conclusive; and 4! ) district court's injunction is modified by limiting it to enjoining FBI officials from enforcing the nondisclosure requirement of section 2709(c) in the absence of Government-initiated judicial review.

U.S. 4th Circuit Court of Appeals, December 18, 2008
US v. Whorley, No. 06-4288
Convictions for receipt of obscene cartoons depicting minors, receipt of actual child pornography, and receipt of obscene e-mails are unsuccessfully challenged on First Amendment grounds. Court holds that: 1) textual matter such as emails may be prohibited as "obscene" although not containing pictures; 2) statute could prohibit obscene cartoons of child pornography although cartoons did not depict real life children; 3) the interstate trafficking of obscene materials can be prohibited by law; and 4) the term "receives" is not unconstitutionally vague as applied to receipt of obscenity via computer. .

U.S. 6th Circuit Court of Appeals, December 15, 2008
Warthman v. Genoa Township Bd. of Trustees, No. 07-4528
In an action arguing that defendant-town Board of Trustees violated the Ohio Open Meetings Law when it terminated plaintiff's employment without allowing her to respond to the allegations against her at a public hearing, a decision remanding the case to state court after it had been previously removed, but denying plaintiff fees and costs, is vacated as to the denial of fees and costs where the lower court applied the incorrect legal standard to the fees request, and the basis for defendants' removal was not "objectively reasonable" under the circumstances.

U.S. 6th Circuit Court of Appeals, December 18, 2008
Adrian & Blissfield R.R. Co. v. Vill. of Blissfield, No. 07-1664
District court erred in finding that the Interstate Commerce Commission Termination Act preempts Mich. Comp. Laws section 462.309, which requires a Railroad to pay for the installation and upkeep of sidewalks and pedestrian crossings that abut and cross its property. The state law is not unreasonably burdensome, and because it addresses a general state concern about the safety of pedestrians it does not discriminate against railroads. .

U.S. 10th Circuit Court of Appeals, December 12, 2008
Quik Payday, Inc. v. Stork, No. 07-3289
In a case brought by a company that utilizes the Internet in making short-term loans, a district court's decision rejecting its constitutional dormant Commerce Clause challenge to the application of Kansas's consumer-lending statute to those loans is affirmed where: 1) the statute at issue, as interpreted by state officials charged with its enforcement, does not regulate extraterritorial conduct; 2) the circuit court's precedent shows that the statute's burden on interstate commerce does not exceed the benefit that it confers; and 3) the circuit court rejects a claim that imposing Kansas requirements when Internet commerce demands nationally uniform regulation is unconstitutional.

U.S. 10th Circuit Court of Appeals, December 18, 2008
Yes on Term Limits, Inc. v. Savage, No. 07-6233
In a 42 U.S.C. section 1983 action challenging the validity of Oklahoma's ban on non-resident petition circulators under the constitutional First Amendment, Privileges and Immunities Clause, and Commerce Clause, a judgment against plaintiffs is reversed where the ban on nonresident circulators does not survive strict scrutiny analysis because it is not sufficiently tailored to further Oklahoma's compelling interest in protecting and policing both the integrity and the reliability of its initiative process. .

U.S. 11th Circuit Court of Appeals, December 19, 2008
US v. Horsefall, No. 0810739
In a per curiam decision, sentence of 327 months for receiving child pornography is affirmed over claims that: 1) the government breached the plea agreement by recommending an upward departure; 2) the court erred by imposing an upward departure under the Sentencing Guidelines; and 3) the court violated defendant's Eighth Amendment rights by considering victim impact evidence at sentencing. .

U.S. D.C. Circuit Court of Appeals, December 16, 2008
Braintree Elec. Light Dep't v. Fed. Energy Regulatory Comm'n, No. 04-1335, 05-1210, 05-1212
Federal Energy Regulatory Commission's approval of rates charged by a Regional Transmission Organization that covered the cost of certain activities that may include lobbying did not violate the First Amendment rights of the member power utility companies who were forced to pay those costs. The Commission's approval of those rates was neither arbitrary nor capricious. .

Illinois Supreme Court, December 18, 2008
Morr-Fitz, Inc. v. Blagojevich, No. 104692
In a declaratory judgment action brought by two pharmacists and three corporations against various Illinois public officials and the State Board of Pharmacy seeking to invalidate an administrative rule that forces pharmacies to dispense Plan B contraception, dismissal of the action is reversed where, contrary to the ruling below, the action was ripe for judicial review and should not have been dismissed.

California Appellate Districts, December 16, 2008
Arcadia Dev. Co. v. City of Morgan Hill, No. H032201
In a challenge to a 10-year extension of ordinance drastically restricting development of certain property within city limits (the Density Restriction) on equal protection and takings grounds, dismissal of action is reversed where: 1) under the circumstances of this case, the measure extending the Density Restriction for 10 years gave rise to a new cause of action; and thus, 2) plaintiff's lawsuit was timely.


Posted On: December 23, 2008

Findlaw Case Summaries: Criminal Law and Procedure

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

Week of December 15-19, 2008.

U.S. 1st Circuit Court of Appeals, December 17, 2008
US v. Jones, No. 07-2052
Sentence is affirmed where defendant pled guilty to charges stemming from her role in a bank fraud conspiracy. Loss amount was properly calculated to include dollar amounts that she had not yet withdrawn, and her base offense level was properly increased where the physical act of popping small air bubbles on the laminated face of her fake ID constituted production of a counterfeit access device.

U.S. 1st Circuit Court of Appeals, December 17, 2008
US v. Martinez-Vega, No. 08-1083
Twenty-year sentence for possession of crack cocaine with intent to distribute is affirmed, despite the fact that the trial court had misinformed Defendant about the maximum possible sentence at the time he entered his guilty plea, where Defendant never sought to vacate his plea and go to trial. Any defect in the plea colloquy had no bearing on his ultimate sentence, and the trial court properly considered mitigating factors.

U.S. 1st Circuit Court of Appeals, December 18, 2008
US v. Cruz-Diaz, No. 07-1534, 07-1535
Armed bank-robbery convictions are affirmed, despite one bank teller's doubt as to whether the gun was real, where eyewitness testimony, the bank's surveillance video, and the discovery of a bullet casing in the getaway car were all consistent with the finding that the gun was real. Admission of an out-of-court statement made to authorities by one codefendant did not violate the other defendant's Confrontation Clause rights, where the statement was not offered for its truth but rather to rebut an attempt to cast doubt on the integrity of the police's investigatory efforts.

U.S. 2nd Circuit Court of Appeals, December 17, 2008
US v. Elgindy, No. 064081
In a case where racketeering conspiracists ran a subscription website recommending stock short-sales on the basis of misappropriated information: 1) venue was proper where seven site subscribers resided in the Eastern District of New York; 2) the misappropriated law enforcement reports were not public in any practical sense, even if some of the sources from which they were compiled could be accessed by the public; and 3) the district court properly included the subscribers' stock trades when calculating the forfeiture amount and the appropriate offense level.

U.S. 2nd Circuit Court of Appeals, December 17, 2008
US v. Bullock, No. 07-3059
Conviction and sentence under the Armed Career Criminal Act are affirmed where: 1) none of defendant's prior convictions (all from the 1970's) has been expunged or pardoned, and his civil rights had not been restored at the time of the present offense; 2) his constructive possession of the ammunition found in his bedroom dresser was sufficiently evinced; and 3) given the nature of his prior robbery convictions, a sentence of 15 years is not so disproportionate as to violate the Eighth Amendment.

U.S. 2nd Circuit Court of Appeals, December 18, 2008
Martinez v. Mukasey, No. 07-3031
Where Petitioner's state drug conviction could have been for nonremunerative transfer of as little as two grams of marijuana, his conviction is the equivalent of a federal misdemeanor under the Controlled Substances Act and therefore not an aggravated felony under the INA.

U.S. 3rd Circuit Court of Appeals, December 15, 2008
US v. Corso, No. 07-3901
Convicted mail thief is not permitted to appeal the court's application of sentencing Guidelines, where the appellate-waiver provision of his plea agreement grants the district court broad discretion to determine the applicable Guidelines range. Though the court erred in failing to inform him of the terms of his appellate waiver per FRCP 11(b)(1)(N), that error was not particularly egregious.

U.S. 3rd Circuit Court of Appeals, December 19, 2008
Vazquez v. Wilson, No. 07-2162
Denial of a petition for habeas relief in a first degree murder case is reversed where the use of a non-testifying co-defendant's statement at trial, even as redacted and subject to an instruction that the jury should not use it against defendant, was an unreasonable application of Bruton v. US, 391 U.S. 123, 88 S.Ct. 1620 (1968), and its progeny.

U.S. 3rd Circuit Court of Appeals, December 19, 2008
Evanson v. Attorney Gen. of the US, No. 07-2509
Petition for review of a BIA order finding petitioner removable for having committed an aggravated felony, contrary to an IJ's finding and grant of cancellation of removal, is granted where the BIA erred in failing to apply the modified categorical approach set forth in applicable Supreme Court precedent, and thus it erred when it considered petitioner's sentencing document to determine whether he had been convicted of an aggravated felony. .

U.S. 4th Circuit Court of Appeals, December 17, 2008
Moseley v. Branker, No. 07-17
Death row inmate's Brady claim was properly rejected where compelling evidence showed that the two women were murdered by the same person, and implicated him as that person. Production of undisclosed evidence identifying other, initial crime suspects would not have changed the result of his trial. .

U.S. 4th Circuit Court of Appeals, December 18, 2008
US v. Whorley, No. 06-4288
Convictions for receipt of obscene cartoons depicting minors, receipt of actual child pornography, and receipt of obscene e-mails are unsuccessfully challenged on First Amendment grounds. Court holds that: 1) textual matter such as emails may be prohibited as "obscene" although not containing pictures; 2) statute could prohibit obscene cartoons of child pornography although cartoons did not depict real life children; 3) the interstate trafficking of obscene materials can be prohibited by law; and 4) the term "receives" is not unconstitutionally vague as applied to receipt of obscenity via computer.

U.S. 5th Circuit Court of Appeals, December 15, 2008
US v. Rodriguez, No. 06-20774
Convictions and sentences concerning participation in a single, broad conspiracy to transport many aliens to Houston are affirmed where: 1.) two appellants depended on the aliens' transportation to Houston for their full payment, though they did not intend to take any aliens to Houston themselves; and 2.) third appellant knew that many aliens would be transported by trailer well past Robstown.

U.S. 5th Circuit Court of Appeals, December 15, 2008
Bryson v. US, No. 08-30041
Involuntary dismissal with prejudice of convicted money-launderer's federal habeas petition is affirmed where Appellant is a repeat filer of facially deficient habeas petitions. .

U.S. 6th Circuit Court of Appeals, December 15, 2008
US v Haygood, No. 07-1771
A guilty plea conviction and sentence relating to defendant's possession of marijuana and firearms that police found in his home during the execution of a search warrant is affirmed in part as to the conviction, but the sentence is vacated and remanded where the district court erred when defendant was deprived of the right of allocution at sentencing.

U.S. 6th Circuit Court of Appeals, December 16, 2008
US v. Shor, No. 07-2334
A sentence for conspiracy to distribute ecstasy is affirmed where the district court correctly calculated his sentence in adding a criminal history point pursuant to U.S.S.G. section 4A1.1(c) based on defendant's prior sentence for an assault with a dangerous weapon that resulted in a two-year probationary sentence imposed under Michigan's Holmes Youthful Trainee Act. .

U.S. 6th Circuit Court of Appeals, December 18, 2008
West v. Bell, No. 05-5132, 05-6219
Habeas petition was properly dismissed where: 1) State court applied an incorrect standard of proof in denying death row inmate's ineffective assistance of counsel claim, but it reached the correct outcome; 2) the excluded testimony of a co-defendant was of a cumulative nature; and 3) the prosecutor committed harmless error in minimizing the jury's role in determining the appropriateness of a death sentence. ..

U.S. 6th Circuit Court of Appeals, December 19, 2008
US v. Davis, No. 07-1964
A conviction for being a felon in possession of a firearm and possession of cocaine base with intent to distribute is affirmed where: 1) although a vehicular safety statute involving dangling ornaments that police relied upon to make the stop at issue was unconstitutionally vague; 2) nevertheless, the exclusionary rule did not apply as police were relying in good faith on a presumptively valid statute.

U.S. 7th Circuit Court of Appeals, December 19, 2008
US v. Poole, No. 08-2328
Denial of defendant's motion to modify her sentence is affirmed where the district court lacked subject-matter jurisdiction to revisit defendant's sentence because it was based on a statutory minimum sentence, not a range the Sentencing Commission has subsequently lowered.

U.S. 8th Circuit Court of Appeals, December 16, 2008
US v. Almeida-Perez, No. 07-2602, 07-2635
In a prosecution of two brothers for being illegal aliens in possession of firearms that had been transported in interstate commerce, denial of defendants' motion to suppress evidence is affirmed over claims that the district court erred in: 1) finding that police reasonably relied on the real or apparent authority of defendants' cousin to consent to police entry of their house; 2) finding that other occupants of their house consented to police entering defendants' bedrooms; and 3) its credibility determinations, which allegedly rested on mutually inconsistent findings. However, the matter is remanded for clarification of findings at sentencing with regards to whether defendants possessed the firearms in connection with possession of cocaine.

U.S. 8th Circuit Court of Appeals, December 17, 2008
US v. Bueno, No. 06-4216
Where defendant's wife's mental and physical health issues were shown to be life-threatening and his role in her care was shown to be irreplaceable, the district court did not err in finding that a downward departure from the Guidelines range was warranted under Guidelines section 5H1.6, and the court did not abuse its discretion in sentencing the drug convict to five years of probation, the conditions of which included house arrest with electronic monitoring.

U.S. 8th Circuit Court of Appeals, December 19, 2008
US v. Steele, No. 08-1607
A conviction and sentence for first degree burglary, assault resulting in serious bodily injury, assaulting a federal officer, and assault with a dangerous weapon is affirmed over claims that the district court erred by: 1) denying motions for judgment of acquittal and for severance of the charge for assaulting a federal officer; 2) admitting evidence of his prior acts and conviction; 3) its instruction on the definition of bodily injury; and 4) applying bodily injury enhancements to his sentence.

U.S. 10th Circuit Court of Appeals, December 16, 2008
US v. Parker, No. 07-3364
Conviction and sentence for using a cell phone to convey false bomb threats are affirmed where: 1) minimal familiarity with defendant's voice was sufficient to offer an identification of the voice on the 911 tapes; and 2) defendant was reasonably found to have targeted multiple victims, in that he mentioned "school," "schools" and "City Hall" in a county with 4 city halls and 39 public schools.

U.S. 10th Circuit Court of Appeals, December 16, 2008
Young v. Sirmons, No. 07-5130
Denial of death row inmate's habeas petition is affirmed where: 1) the victim-impact evidence's references to conversations, hymns, and future goals simply provided a "quick glimpse" into the lives of his victims, and thus did not violate his due process rights; and 2) his attorney's failure to adequately investigate mitigation evidence was nonprejudicial.

U.S. 10th Circuit Court of Appeals, December 18, 2008
US v. Hahn, No. 07-5117
A sentence for the misapplication of financial institution funds is affirmed over defendant's challenges to the calculation of loss, restitution order, consecutive sentence, and application of special sex offender conditions. A court is not prohibited from imposing sex offender special conditions where the underlying offense was not a sex crime. .

U.S. 11th Circuit Court of Appeals, December 18, 2008
McClain v. Hall, No. 07-13487
State court reasonably denied death row inmate's habeas petition for failure to prove ineffective assistance of counsel in the investigation of mitigating evidence regarding his criminal history, childhood abuse, substance abuse, neurological disorder, and good character.

U.S. 11th Circuit Court of Appeals, December 18, 2008
Galvez v. Bruce, No. 08-10531
Sheriff's Deputy is not entitled to qualified immunity at the summary judgment stage from a suit alleging the use of excessive force in the course of arrest. It should have been clear to the Deputy that repeatedly slamming a fully secured and compliant misdemeanor arrestee against the corner of a concrete wall, with force sufficient to break his ribs and cause a leaking aneurysm, was unlawful.

U.S. 11th Circuit Court of Appeals, December 19, 2008
US v. Horsefall, No. 0810739
In a per curiam decision, sentence of 327 months for receiving child pornography is affirmed over claims that: 1) the government breached the plea agreement by recommending an upward departure; 2) the court erred by imposing an upward departure under the Sentencing Guidelines; and 3) the court violated defendant's Eighth Amendment rights by considering victim impact evidence at sentencing.

New York Court of Appeals, December 16, 2008
People v. Buss, No. 211
For purposes of the Sex Offender Registration Act, a prisoner serving multiple sentences is subject to all the sentences, whether concurrent or consecutive, that make up the merged or aggregate sentence he is serving.

New York Court of Appeals, December 16, 2008
People v. Diggins, No. 214
Persistent violent felony offender was properly denied an adjournment to gather further evidence in support of his allegation that one of his predicate felony convictions was secured in violation of his right to counsel, where trial in absentia implied that the attorney's non-participation was a protest strategy that would not support a claim of ineffective assistance. .

New York Court of Appeals, December 17, 2008
People v. Mills, No. 207, 208
In order to qualify for resentencing under the Drug Law Reform Act of 2005, class A-II felony drug offenders must not be eligible for parole within three years of their resentencing applications. Once a defendant has been released to parole supervision for a class A-II drug felony conviction, he no longer qualifies for resentencing for that particular conviction under the Act.

Supreme Court of Delaware, December 17, 2008
Brown v. State of Delaware, No. 485, 2006
In a case wherein an accused sought to suppress his confessions of murder made after an unconstitutional police interrogation, judgment on evidentiary admissions is remanded in part where the trial judge failed to consider whether the police "deliberately elicited" defendant's statements in violation of Sixth Amendment jurisprudence.

Supreme Court of Delaware, December 18, 2008
Smith v. State of Delaware, No. 339, 2008
A conviction for attempted robbery in the first degree, assault in the second degree, and conspiracy in the second degree is affirmed over meritless claims that the superior court abused its discretion when it denied defendant's request for a mistrial following a witness's references to defendant's criminal history and to plea negotiations between the state and defendant.

California Appellate Districts, December 15, 2008
Lewis v. Superior Court of Santa Clara County, No. H032621
In a prosecution for oral copulation with a minor under the age of 18, petition for writ of mandate requesting relief from requirement that petitioner register as a sex offender under either Penal Code section 290 or 290.006 is granted where the moving and responding papers established that neither petitioner's 1987 conviction nor his subsequent criminal history could support an order requiring him to register as a sex offender.

California Appellate Districts, December 16, 2008
People v. Felix , No. A115717
In prosecution for multiple counts of false imprisonment, oral copulation, rape, and assault with the intent to commit rape against a sixth victim, indeterminate term of commitment as a sexually violent predator (SVP) imposed on October 20, 2006 and dismissal of a 2006 petition extending defendant's commitment as an SVP are affirmed where the totality of the evidence demonstrated sufficient dangerousness to involuntarily commit defendant as an SVP.

California Appellate Districts, December 16, 2008
People v Martinez, No. B194836
Convictions for two counts of murder and one count of attempted murder are reversed where: 1) the trial court erred in its jury instruction because the record did not contain substantial evidence that the murders and the attempted murder were natural and probable consequences of the alleged breach of the peace or the alleged misdemeanor assault; and 2) it was reasonably probable that defendants would have obtained a more favorable result were it not for the trial court's error.

California Appellate Districts, December 16, 2008
In re Noelle, No. C056780
Order declaring defendant-minor ward of the court and committing her to the Department of Juvenile Justice based upon her admission of two counts of involuntary manslaughter, one count of conspiracy to sell methadone, and five counts of selling methadone is affirmed as modified where: 1) sentencing defendant to consecutive terms for each of the five sales counts was not prohibited by Penal Code section 654; and 2) by parity of reasoning with People v. Perez, minor's claim that her sole objective was to sell the pills to other juveniles at a football game was too broad for purposes of section 654 because her culpability increased with each illegal act of selling the methadone pills. .

California Appellate Districts, December 17, 2008
People v. Anderson, No. A118000
In a prosecution for first degree murder, denial of defendant's renewed motion to suppress her statements to police, admission of hearsay statements, and jury instruction are affirmed where: 1) defendant's new evidence did not raise material factual or legal issues not considered by the original trial judge or create the realistic possibility that the factual findings of that judge were in error; and 2) defendant was not entitled to a de novo hearing. ..

California Appellate Districts, December 17, 2008
People v. Yarbrough, No. A120721
Conviction and sentence for carrying a concealed firearm and carrying a loaded firearm in a public place are affirmed where: 1) the conviction for possession of a concealed weapon did not contravene defendant's Second Amendment rights as interpreted by recent Supreme Court precedent; 2) the court properly instructed the jury on carrying a loaded firearm in a public place; and 3) no prejudicial sentencing error occurred.

California Appellate Districts, December 17, 2008
City of Tulare v. Superior Court of Tulare County, No. F055535
In a juvenile delinquency matter in which minor was charged with assault on a peace officer and eluding a peace officer, petition for writ of mandate seeking a noticed hearing before any information in addition to information already released related to complaints against police officers was disclosed is granted where petitioner-city was entitled to a properly noticed motion entitling it to the right to be heard at a meaningful time and in a meaningful manner.

California Appellate Districts, December 17, 2008
In re Franklin, No. F055684
Petition for writ of habeas corpus to require dismissal with prejudice of pending petition for petitioner's civil commitment as a sexually violent predator (SVP) and to require petitioner's release from custody is granted where: 1) according to In re Smith, SVP proceedings cannot proceed against a person after reversal on appeal of the felony conviction that was the basis of the person's custody at the time of the initiation of those proceedings; and 2) reversal of defendant's felony conviction in the jail door case was final before the SVP petition at issue was filed against him.

Texas Court of Criminal Appeals, December 17, 2008
Ex Parte Reed, No. AP-75,693
Death row inmate's habeas petition is denied where he fails to establish that the state suppressed evidence at his trial, and also fails to establish that it was more likely than not that no reasonable juror would have convicted him in light of reliable evidence, both old and new, not presented at trial.

Posted On: December 23, 2008

Findlaw Case Summaries: Second Circuit US Court of Appeals

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

December 18, 22 2008.

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, IMMIGRATION LAW

Martinez v. Mukasey, No. 07-3031

Where Petitioner's state drug conviction could have been for nonremunerative transfer of as little as two grams of marijuana, his conviction is the equivalent of a federal misdemeanor under the Controlled Substances Act and therefore not an aggravated felony under the INA.


GOVERNMENT LAW, LABOR & EMPLOYMENT LAW, PER CURIAM

Burch v. Pioneer Credit Recovery, Inc. , No. 072963

In a per curiam decision reviewing claim by plaintiff against defendant-former employer for violation of the Privacy Act by photocopying and otherwise impermissibly handling his security clearance package, dismissal of plaintiff's claim is affirmed where: 1) plaintiff did not plead factual allegations sufficient to make a plausible claim that his employer was a "government controlled corporation"; and 2) the claim therefore failed to state a cause of action under the Privacy Act.

Posted On: December 23, 2008

Findlaw Case Summaries: New York Court of Appeals

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

December 18, 2008

CONTRACTS, FAMILY LAW, INTERNATIONAL LAW

Kipnis v. Kipnis, No. 213

A prenuptial agreement executed under French law is enforceable in New York and prohibits wife from claiming portion of husband's separate property.

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Mills, No. 207, 208

In order to qualify for resentencing under the Drug Law Reform Act of 2005, class A-II felony drug offenders must not be eligible for parole within three years of their resentencing applications. Once a defendant has been released to parole supervision for a class A-II drug felony conviction, he no longer qualifies for resentencing for that particular conviction under the Act. ..

GAMING LAW, SPORTS LAW

In the Matter of Suffolk Reg'l Off-Track Betting Corp., No. 209

Off-Track Betting Corporations cannot credit commissions derived from daytime harness racing against mandated maintenance of effort payments. Racing Law section 1017-a requires that maintenance of effort payments be distributed on a track-by-track (not regional) basis. Racing Law section 1017 requires these Corporations to make dark day payments to their respective regional harness tracks. Read more...

INJURY AND TORT LAW

D'Onofrio v. City of New York, No. 169, 170
Under Pothole Law, City was not liable for injuries of plaintiffs who fell on city sidewalks because the injuries were not caused by sidewalk defects of which City had been given prior written notice. As to first plaintiff, although City had written notice of the sidewalk defect, plaintiff's injury was not caused by that defect. As to second plaintiff, symbol on pothole map was not sufficiently clear to constitute written notice of the sidewalk defect.


Posted On: December 23, 2008

ABA Journal Weekly Newsletter

Top Ten Stories of the Week
December 23, 2008.

Law Firms
Is Thacher Proffitt Dissolving Before Christmas?
Dec 22, 2008, 11:59 am CST

Law Firms
100 Thacher Lawyers Don't Satisfy Sonnenschein's Growth Ambitions
Dec 22, 2008, 08:51 am CST

Criminal Justice
Don't Feed the Inmates: Arrested Lawyer Learns Lesson the Hard Way
Dec 22, 2008, 12:36 pm CST

Internet Law
RIAA to Stop Suing Over Music Downloads; ISPs are New Copyright Cops
Dec 19, 2008, 02:21 pm CST

Legal Ethics
Absolved by Firm, Ex-Partner Faces Ethics Case re Claimed Bill-Padding
Dec 22, 2008, 02:19 pm CST

Legal Careers
Are Mid-Career Female Attorneys in Crisis?
Dec 22, 2008, 02:04 pm CST

Careers
Dreier's Extravagant Lifestyle: 'Dazzling' Homes and $200K Secretaries
Dec 19, 2008, 08:39 am CST

Constitutional Law
Calif. AG: Gay Marriage Constitutional Amendment is Unconstitutional
Dec 22, 2008, 09:38 am CST

White-Collar Crime
Paul Hastings Associate Accused in $4.8M Insider Trading Scheme
Dec 19, 2008, 06:50 am CST

Law in Popular Culture
In Real 'Wonderful Life,' James Stewart Might Have Gotten 2 to 7 Years
Dec 18, 2008, 05:55 pm CST

Posted On: December 22, 2008

Freshman U.S. House Members' Committee Assignment Preferences

I am grateful to Basil Tilmon of GalleryWatch, Inc. in Washington, D.C. for sending me the following information compiled by Sara Ditta and the CongressNow Staff and am posting it here with his permission.

David Badertscher

Freshman House Members' Committee Preferences
By: Sara Ditta
CongressNow Staff
Dec 22, 2008 12:00 PM

As they prepare to begin their Congressional careers, newly elected freshman lawmakers have a wide variety of interests. Here is a rundown of the committees they would like to serve on. Not surprisingly, their preferences largely coincide with personal experiences or with issues of high importance to their district.

• Rep.-elect Bobby Bright (D-Ala.) has expressed interest in Armed Services, Appropriations and Agriculture committees.

• Rep.-elect Parker Griffith (D-Ala.) is interested in the Transportation and Infrastructure Committee. Griffith is also interested in the Science and Technology Committee.

• Rep.-elect Ann Kirkpatrick (D-Ariz.) has expressed an interest in serving on the Transportation and Infrastructure Committee.

• Rep.-elect Duncan D. Hunter (R-Calif.) hopes to obtain a seat on the Armed Services Committee, whose ranking member was his namesake father until his retirement at the end of the 110th Congress. Hunter is a veteran of Iraq and Afghanistan and intends to bring insight to national security issues.

• Rep.-elect Jared Polis (D-Colo.) has not cited any specific interests for committee assignments.

• Rep.-elect Betsy Markey (D-Colo.) is interested in the Agriculture Committee because her district has a lot of agricultural land. Markey is also interested in the House Transportation and Infrastructure Committee, the Appropriations Committee and, amid the current economic crisis, the Financial Services Committee.

• Rep.-elect Mike Coffman (R-Colo.) has not cited any specific interests for committee assignments.

• Rep.-elect Jim Himes (D-Conn.) is interested in serving on the Transportation and Infrastructure Committee.

• Rep.-elect Alan Grayson (D-Fla.) did not wish to voice any interests before the committee seats are assigned.

• Rep.-elect Bill Posey (R-Fla.) said he wants to serve where the party deems best, but he did express a specific interest in the Financial Services Committee because of his background chairing the state Senate’s Banking and Insurance Committee. Posey is also interested in the Armed Services Committee.

• Rep.-elect Tom Rooney (R-Fla.) has not cited any specific interests for committee assignments.

• Rep.-elect Suzanne Kosmas (D-Fla.) has not cited any specific interests for committee assignments.

• Rep.-elect Walt Minnick (D-Idaho) is primarily interested in the Agriculture Committee. Minnick is also interested in the Financial Services and Transportation and Infrastructure committees.

• Rep.-elect Debbie Halvorson (D-Ill.) would like to serve on the Transportation and Infrastructure Committee and the Agriculture Committee.

• Rep.-elect Aaron Schock (R-Ill.) has not cited any specific interests for committee assignments.

• Rep.-elect Lynn Jenkins (R-Kan.) is seeking a seat on the Financial Services Committee because of her accounting background and her seat on the state Senate’s Commerce Committee. Jenkins is also interested in the Agriculture and Armed Services committees.

• Rep.-elect Brett Guthrie (R-Ky.) wants a seat on the Transportation and Infrastructure Committee, following a stint chairing the state Senate Transportation Committee. Guthrie is also interested in the Armed Services and Financial Services committees.

• Rep.-elect Anh Cao (R-La.) is still narrowing down his choices and has not expressed a preference yet.

• Rep-elect Bill Cassidy (R-La.) has expressed an interest in the Energy and Commerce and Transportation and Infrastructure committees.

• Rep.-elect John Fleming (R-La.) is interested in the House Transportation and Infrastructure and Armed Services committees.

• Rep.-elect Chellie Pingree (D-Maine) is seeking a seat on the Energy and Commerce Committee, as she feels Maine is in a position to play a key role in developing clean energy through wind power and other related initiatives. Pingree is also interested in the Agriculture, Armed Services and Natural Resources committees.

• Rep.-elect Frank Kratovil (D-Md.) is seeking a seat on the Agriculture Committee and the Judiciary Committee.

• Rep.-elect Mark Schauer (D-Mich.) is interested in the Energy and Commerce, Transportation and Infrastructure and Agriculture committees.

• Rep.-elect Gary Peters (D-Mich.) has not cited any specific interests for committee assignments.

• Rep.-elect Erik Paulsen (R-Minn.) is primarily interested in a seat on the Ways and Means Committee because he served on the same committee in the state House and worked to cut taxes in Minnesota. Paulsen is also interested in the Financial Services Committee.

• Rep.-elect Gregg Harper (R-Miss.) was elected freshmen representative on the House Republican Steering Committee. Harper says he will wait until he has dealt with his colleagues’ preferences before he makes his own choices.

• Rep.-elect Blaine Luetkemeyer (R-Mo.) is seeking a seat on the Financial Services Committee because of his background as a bank regulator. Luetkemeyer is also interested in the Agriculture Committee.

• Rep.-elect Dina Titus (D-Nev.) is interested in the Education and Labor Committee, given her background as a professor. Titus is also interested in the Veterans’ Affairs and Transportation and Infrastructure committees.

• Rep.-elect John Adler (D-N.J.) has expressed an interest in serving on the Armed Services and Financial Services committees.

• Rep.-elect Leonard Lance (R-N.J.) has not expressed an interest in any specific committees yet, but he has a background in working on budget issues.

• Rep.-elect Martin Heinrich (D-N.M) has not expressed an interest in any specific committees yet.

• Rep.-elect Harry Teague (D-N.M) is interested in the House Energy and Commerce Committee, given his background in the oil and gas industry. Teague is also interested in the Armed Services and Transportation and Infrastructure committees.

• Rep.-elect Ben Ray Luján (D-N.M) is interested in the Natural Resources and Homeland Security committees.

• Rep.-elect Michael McMahon (D-N.Y) is interested in the Transportation and Infrastructure Committee.

• Rep.-elect Paul Tonko (D-N.Y.) is seeking a seat on the Energy and Commerce Committee with his background as an engineer and experience as chairman of the Energy Committee in the state Assembly. Tonko is also interested in the Education and Labor and the Transportation and Infrastructure committees.

• Rep.-elect Dan Maffei (D-N.Y.) has not expressed an interest in any specific committee yet.

• Rep.-elect Chris Lee (R-N.Y.) would like to serve on the Energy and Commerce, Financial Services and Small Business committees.

• Rep.-elect Eric Massa (D-N.Y.) is interested in the Armed Services Committee, given his experience as a former staffer on the committee. Massa would also like a seat on the Agriculture Committee.

• Rep.-elect Larry Kissell (D-N.C.) has not yet expressed a preference for any specific committees.

• Rep.-elect Steve Driehaus (D-Ohio) has not yet expressed a preference for any specific committees.

• Rep.-elect Steve Austria (R-Ohio) has not yet expressed a preference for any specific committees but is a former chairman of the Highways and Transportation and Judiciary committees in the state Senate.

• Rep.-elect Marcia Fudge (D-Ohio) would like to serve on the Financial Services, Energy and Commerce or Science and Technology committees.

• Rep.-elect Mary Jo Kilroy (D-Ohio) has not yet expressed an interest in any specific committees.

• Rep.-elect John Boccieri (D-Ohio) has not yet expressed a preference for any specific committees.

• Rep.-elect Kurt Schrader (D-Ore.) is interested in the Transportation and Infrastructure, Agriculture and Natural Resources committees.

• Rep.-elect Kathy Dahlkemper (D-Pa.) has not yet expressed a preference for any specific committees.

• Rep.-elect Glenn Thompson (R-Pa.) would like a seat on the Ways and Means Committee. Thompson is also interested in the Natural Resources and Education and Labor committees.

• Rep.-elect Phil Roe (R-Tenn.) is interested in serving on the Energy and Commerce Committee because of his background in health care as a physician. Roe is also interested in the Veterans’ Affairs, Agriculture and Transportation and Infrastructure committees.

• Rep.-elect Pete Olson (R-Texas) wants to serve on the Science and Technology Committee because of NASA’s presence in the district. Olson is also interested in the Armed Services and Transportation and Infrastructure committees.

• Rep.-elect Jason Chaffetz (R-Utah) is interested in seats on the Ways and Means or Appropriations committees.

• Rep.-elect Glenn Nye (D-Va.) is primarily interested in serving on the Armed Services Committee, as the industry is of great importance to the district and the economy is heavily based on military institutions within.

• Rep.-elect Tom Perriello (D-Va.) is interested in the Transportation and Infrastructure Committee. Perriello is also interested in the Appropriations, Veterans’ Affairs and Foreign Affairs committees.

• Rep.-elect Gerry Connolly (D-Va.) would like to gain a seat on the Transportation and Infrastructure Committee. Connolly is also interested in the Foreign Affairs and Oversight and Government Reform committees.

• Rep.-elect Cynthia Lummis (R-Wyo.) has not expressed a preference for any specific committees yet.

Posted On: December 22, 2008

Technology Escrow Agreements: Safeguarding Technology Investments

"What happens to your mission-critical... application source code should the vendor go bankrupt? This is when you need a Technology Escrow service.Tech Escrow requires vendors to deposit source code into an account held by a third party agent to ensure ongoing accessibility of the software. Recent research by IDG research Services highlights some recent trends and gaps in coverage, making the case for Technology Escrow."

See: How to Minimize Risk with a Software Vendor 'Prenup' Paper by Digital Iron Mountain under sponsorship of IDG Research..

Posted On: December 22, 2008

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 22, 2008.

1. People v. Agramonte, 4854, 1660/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9901; 2008 N.Y. App. Div. LEXIS 9595, December 18, 2008, Decided, December 18, 2008, 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, ...

2. People v. Taylor, 4845, 3464/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9893; 2008 N.Y. App. Div. LEXIS 9577, December 18, 2008, Decided, December 18, 2008, 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 (Carol Berkman, J. ...

3. People v. Martinez, 4851, 5377/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9898; 2008 N.Y. App. Div. LEXIS 9589, December 18, 2008, Decided, December 18, 2008, 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 (Gregory Carro, J.), ...

4. People v. Reynolds, 4858, 5284/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9904; 2008 N.Y. App. Div. LEXIS 9605, December 18, 2008, Decided, December 18, 2008, 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 (Charles H. Solomon, ...

5. People v. Walton, 3586/07, 4866.1, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9917; 2008 N.Y. App. Div. LEXIS 9612, December 18, 2008, Decided, December 18, 2008, 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 (Brenda Soloff, J. ...

6. People v. Pena, 1519/07, 4870.1, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9921; 2008 N.Y. App. Div. LEXIS 9606, December 18, 2008, Decided, 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 (Patricia Nunez, J.), ...

7. People v. Splunge, 5928/06, 4877.1, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9927; 2008 N.Y. App. Div. LEXIS 9604, December 18, 2008, Decided, December 18, 2008, 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 (Michael J. Obus, ...

8. People v. Sanchez, 4861, 5996/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9907; 2008 N.Y. App. Div. LEXIS 9598, December 18, 2008, Decided, 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 (Edward J. McLaughlin, ...

9. People v. Nunez, 894/06, 4874.1, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9924; 2008 N.Y. App. Div. LEXIS 9607, December 18, 2008, Decided, December 18, 2008, 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 (Micki A. Scherer, ...

10. People v. Davis, 4850, 607/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9897; 2008 N.Y. App. Div. LEXIS 9615, December 18, 2008, Decided, 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 (John Cataldo, J.), ...

11. People v. Smith, 4410, 7063/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9914; 2008 N.Y. App. Div. LEXIS 9614, December 18, 2008, Decided, December 18, 2008, 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 (John A.K. Bradley, ...

Posted On: December 19, 2008

CLLB Information Security Newsletter

December 2008
Volume 1

Pop-Ups

From the Desk of David Badertscher

We’ve all experienced Pop-up windows, or “pop-ups,” while browsing the Internet. Pop-ups may appear without any interaction or prompting by the end user. They can be innocuous, such as when used for advertising, but they can be used for malicious purposes as well. This tip will discuss what pop-ups are and what you can do to keep them from affecting the security of your computer and data.

What are Pop-Ups?
Pop-ups are often used for advertising, to entice you to click on the pop-up ad. Pop-ups can also be used in other ways, such as on a “Help” section of an online form. The pop-up can be read without interfering with the form or page you are already visiting. This technique, for example, could be used on banking or ecommerce sites so as to not interfere with the current transaction or form request.

Occasionally you may encounter a “pop-under” which instead of opening on top of whatever website you are viewing it will open underneath the current web page. That way when you close your browser window you’ll be greeted with an unexpected window.

While there are legitimate uses for pop-ups, they can also be used maliciously to entice you to click the pop-up window, which then downloads spyware or malicious code without your knowledge. These kinds of pop-ups often claim to “detect a virus on your computer” or claim to be a “spyware alert!” or offer a “free product” such as laptop or an anti-virus program.

Usually pop-ups are executed through JavaScript, a very popular way of adding content to websites. They can also be executed through online flash programs, though these are more difficult to stop.

What if I encounter pop ups when I am not browsing the Internet?
If you encounter pop-ups, especially an endless stream of them, it is an indication your computer is possibly infected with spyware or a computer virus.
How can you protect yourself against unwanted or malicious pop-ups?

Most Internet browsers include pop-up blockers. They also have a setting to either completely disable JavaScript (and therefore most pop-ups) or to only allow JavaScript with the user’s permission (prompting). Both methods can usually stop advertising and malicious pop-ups. However, sometimes disabling JavaScript (whether via your browser or another program) can interfere with the “look and feel” or even functionality of a legitimate web site.

· Consider using the pop-up blocker function in your browser.

· Consider setting your computer to the “Prompt” setting you before enabling Java scripting.

· Never click inside the pop-up window to close it, even if it has a button or tab that says “Close,” “No Thank You,” or anything else. Instead, either click on the “X” at the top right corner of the title bar, or depending on your browser or operating system you can hold down the “Alt” key then press “F4” to close the currently opened window.

· Browse as a non-privileged user (one without administrative privileges) to diminish the effects of a successful attack.

· Update your operating system and web browser software.


· Set your browser security to at least “Medium” to help detect unauthorized downloads.


· Use anti-virus and anti-spyware software, and a firewall, and update them all regularly.

For additional information on pop-ups and browser protection, go to:

Recognizing and Avoiding Spyware: www.msisac.org/awareness/news/2007-06.cfm

Web Browser Attacks: www.msisac.org/awareness/news/2008-07.cfm

Browsing Safely: Understanding Active Content and Cookies: www.us-cert.gov/cas/tips/ST04-012.html

Evaluating Your Web Browser's Security Settings: www.us-cert.gov/cas/tips/ST05-001.html

Pop-up: http://en.wikipedia.org/wiki/Pop-up

Spyware: www.onguardonline.gov/topics/spyware.aspx

More News:

From SC Newswire, December 18, 2008:

Emergency Internet Explorer patch issued

Angela Moscaritolo December 17, 2008
Users are encouraged to patch immediately.

Firefox joins in security update whirlwind

Chuck Miller December 17, 2008
Along with the updates to Microsoft's Internet Explorer, Apple's Safari fixes and the latest Opera patches, Mozilla has released its own security updates for Firefox.

"Extremely severe" issues addressed with Opera 9.63 update

Angela Moscaritolo December 17, 2008
The security issues could lead to system access, disclosure of potentially sensitive information, cross-site scripting exploits, or a denial of service condition.

XSS vulnerabilities discovered in Facebook, closed quickly

Angela Moscaritolo December 16, 2008
Researchers this week released proof-of-concept code for a number of cross-site scripting flaws on Facebook, but the social networking site said it closed the vulnerabilities within hours.

Apple pushes out Mac OS X 10.5 security update

Dan Kaplan December 15, 2008
Apple on Monday released a security update for for Mac OS X, addressing 21 vulnerabilities.


Posted On: December 19, 2008

U.S. News and World Report Names Librarianship as "Best Career" in 2009

Source: AALL: From the Desk of James E. Duggan, December 18, 2008.

Some welcome news is today’s tough economy, U.S. News and & World Report last week named librarianship as a "Best Career 2009." The overview dispels the image of librarians as "mousy bookworms," reporting that librarians have become "high-tech information sleuths, helping patrons plumb the oceans of information available in books and digital records, often starting with a clever Google search but frequently going well beyond." Special librarianship in particular is named the field’s fastest-growing job market.

Posted On: December 19, 2008

New York State Archives: E-Mail Policy Guidelines

From: New York State Archives - Region 1 Newsletter, December 2008

The New York State Archives is pleased to announce the release of its email policy development guidelines. These guidelines are intended as a starting point for state agencies and local governments to use for writing policies and procedures that will guide a program for managing email. Given the complexity of managing email, not all agencies will have the same needs and issues. Users should adapt the guidelines to meet their own needs and capabilities, and continue to update their policies on an as-needed basis. If users have questions or comments regarding the guidelines, please contact Ann Marie Przybyla at aprzybyl@mail.nysed.gov, or 518-474-5834.

A copy of the guidelines is available at http://www.archives.nysed.gov/a/records/mr_pub85.shtml. If you have problems accessing the guidelines, please contact Sarah Durling at durling@mail.nysed.gov or 518-473-6803.

Posted On: December 19, 2008

New York Supreme Court Appellate Division First Department Cases Originating from the NY Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 19, 2008.

1. People v. Mercado, 4817, 1086/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9728; 2008 N.Y. App. Div. LEXIS 9470, December 11, 2008, Decided, 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 (Charles Tejada, J.), ...

2. People v. Spann, 4580, 1458/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9697; 2008 N.Y. App. Div. LEXIS 9516, December 11, 2008, Decided, December 11, 2008, 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 (Edward J. McLaughlin, ...

3. People v. Page, 4793, 6668/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9712; 2008 N.Y. App. Div. LEXIS 9471, December 11, 2008, Decided, December 11, 2008, 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 (Michael J. Obus, ...

4. People v. Barnes, 4791, 2332/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9710; 2008 N.Y. App. Div. LEXIS 9489, December 11, 2008, Decided, December 11, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

5. People v. Tjaden, 4807, 2240/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9722; 2008 N.Y. App. Div. LEXIS 9531, December 11, 2008, Decided, December 11, 2008, 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, ...

6. People v. Stewart, 4814, 2994/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9727; 2008 N.Y. App. Div. LEXIS 9535, December 11, 2008, Decided, December 11, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

7. People v. Syphrett, 4785, 6588/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9706; 2008 N.Y. App. Div. LEXIS 9499, December 11, 2008, Decided, December 11, 2008, 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 (Budd G. Goodman, ...

8. People v. Perez, 4784, 5778/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9705; 2008 N.Y. App. Div. LEXIS 9475, December 11, 2008, Decided, 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 (Gregory Carro, J.), ...

9. People v. Occelin, 4796, 676/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9715; 2008 N.Y. App. Div. LEXIS 9508, December 11, 2008, Decided, December 11, 2008, 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 (Michael Corriero, J. ...

10. People v. Smith, 4794, 2806/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9713; 2008 N.Y. App. Div. LEXIS 9484, December 11, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Maxwell Wiley, J., ...

11. People v. Lanfranco, 4808, 1212/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9723; 2008 N.Y. App. Div. LEXIS 9539, December 11, 2008, Decided, 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 (Robert Stolz, J.), ...

12. People v. Dugan, 4812, 5967/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9726; 2008 N.Y. App. Div. LEXIS 9528, December 11, 2008, Decided, December 11, 2008, 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 (Michael J. Obus, ...

13. People v. Best, 4694, 5185/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9699; 2008 N.Y. App. Div. LEXIS 9526, December 11, 2008, Decided, December 11, 2008, 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 (Michael Corriero, J. ...

14. People v. Michael L., 4797, 4798, 1558/06, 2728/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9716; 2008 N.Y. App. Div. LEXIS 9545, December 11, 2008, Decided, 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 ...
Judgments, Supreme Court, New York County (Carol Berkman, J.), ...

Posted On: December 19, 2008

ABA Journal Weekly Newsletter

For week ending December 19, 2008.

Top Ten Stories:

Law Firms
Law Prof Predicts More Big Law Firms Will Collapse in '09
Dec 16, 2008, 01:15 pm CST

Lawyer Pay
More Law Firms Likely to Freeze Associate Salaries, Consultants Say
Dec 17, 2008, 07:45 am CST

Attorney Fees
Judge Questions Dewey Fee Application Seeking About $100K a Day
Dec 17, 2008, 08:55 am CST

Law Schools
Hot HLS Hiring Streak Continues: Lessig to Leave Stanford for Harvard
Dec 15, 2008, 06:53 pm CST

Legal Marketing
Firm Leverages Billable Hour Animosity to Lure Clients
Dec 18, 2008, 11:00 am CST

Pro Bono
Law Firms Switch Idle Lawyers to Pro Bono Work
Dec 16, 2008, 09:25 am CST

Securities Law
NY Law School Leads Litigant Pack in Suits Over Alleged $50B Madoff Fraud
Dec 16, 2008, 06:01 pm CST

Personal Lives
BigLaw Partner Sets World Record By Running 105th Marathon in a Year
Dec 17, 2008, 06:21 pm CST

Legal Ethics
Prominent La. Lawyer Jailed After Courthouse Altercation
Dec 15, 2008, 06:10 pm CST

Medical Malpractice
5-Time Mom Sues Doc Over Alleged Labor From Hell

Posted On: December 18, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 18, 2008.


1. People v. Pauling, 4832, 2218/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9837; 2008 N.Y. App. Div. LEXIS 9455, December 16, 2008, Decided, December 16, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

2. People v. Culbero, 4828, 6596/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9833; 2008 N.Y. App. Div. LEXIS 9469, December 16, 2008, Decided, December 16, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

Posted On: December 18, 2008

Book Review: Anatomy of a Trial: Public Lessons Learned from The People vs. O. J. Simpson

TITLE: Anatomy of a Trial
SUBTITLE: Public Loss, Lessons Learned from The People vs. O.J. Simpson
AUTHOR: Jerrianne Hayslett
PUBLICATION DATE: December 2008
PUBLISHER: University of Missouri Press
PAGE COUNT: 256 pp.
ISBN: 978-0-8262-1822-3
PRICE: $29.95

The author was the information officer and media liason for Los Angeles Superior Court during the 1995 criminal trial of Orenthal James Simpson, a retired NFL running back and actor, on charges of murdering his ex-wife and her boyfriend in June of the previous year. Hayslett examines how an ordinary felony murder trial was turned into a public spectacle of excessive and outrageous proportions by the outlandish and, at times unprofessional, conduct of prosecutors, defense attorneys and, unfortunately, the presiding judge, Lance Ito. As she was present daily both in the courtroom and Ito's chambers, the author delivers an insider's account of how the judge went from a paragon of judicial stature and competence to a celebrity aspirant devoid of talent or stage skill. Frequently criticizing the judge for being too deferential to the demands of Simpson's attorneys, Hayslett provides more than just a captivating tale of an aberrational trial and its consequences. Her account includes an essential blueprint for what the media and judges can do in the future to avoid sideshows and to fulfill their responsibilities to the public. Recommended for public, academic, and law libraries.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York

Posted On: December 18, 2008

New Rules of Professional Conduct for New York Attorneys Announced

From the New York Unified Court System Press Release, December 17, 2008.

"NEW YORK – Chief Judge Judith S. Kaye and the Presiding Justices of the Appellate Division today announced a new set of attorney conduct rules for New York, effective April 1, 2009. The Rules of Professional Conduct, which will replace the existing Disciplinary Rules, introduce a number of important ethics changes for New York lawyers and are set forth in a new format and numbering system that are based on the ABA Model Rules...."

Complete Press Release

The new Rules of Professional Conduct are available at www.nycourts.gov/rules/jointappellate/


Posted On: December 17, 2008

Drier, LLP Bankfuptcy Petition (Chapter 11)

Findlaw Featured Document, December 16, 2008.

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

Alleged Conman/Lawyer's Firm Files for Bankruptcy

DREIER, LLP BANKRUPTCY PETITION (CHAPTER 11)

(U.S. Bankruptcy Ct., S.D. N.Y., Dec. 16, 2008) - New York law firm Dreier, LLP filed for bankruptcy, listing more than $100 million in assets and liabilitities of between $10 - 50 million. The filing was made by a court-appointed receiver acting on behalf of the lawyer Marc Dreier, its founder and managing partner, after he was charged with securities and wire fraud by federal prosecutors and the U.S. Securities and Exchange Commission

Posted On: December 17, 2008

Findlaw Case Summaries: Criminal Law and Procedure

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

U.S. 1st Circuit Court of Appeals, December 11, 2008
Dutil v. Murphy, No. 06-2292
The text of the Massachusetts SDP statute, as interpreted by state courts, does not on its face violate the due process protections heretofore afforded sexually dangerous persons subject to civil commitment. Appellant's due process rights are not violated by the statute's failure to provide an unambiguous timeline for a redetermination of his sexual dangerousness.

U.S. 1st Circuit Court of Appeals, December 11, 2008
US v. Poellnitz, No. 07-2774
District court did not commit plain error in accepting Defendant's allegedly involuntary guilty plea, and committed no error in failing to credit defendant for the value of the property that he returned to his victim. Conviction and sentence for wire fraud are affirmed..

U.S. 2nd Circuit Court of Appeals, December 08, 2008
US v. Chavez, No. 054679, 055401
Convictions for narcotics conspiracy and possession of a silencer-equipped firearm in furtherance of that conspiracy and imposing consecutive sentences for co-defendant's two offenses are affirmed over claims of error that: 1) the evidence was insufficient to support their conviction; and 2) their sentences were unreasonable

U.S. 2nd Circuit Court of Appeals, December 08, 2008
Carrion v. Smith, No. 081394
In fifteen-year old conviction and sentence for offenses including criminal possession of a controlled substance in the first degree and attempted murder, grant of petition for writ of habeas corpus claiming ineffective assistance of counsel in connection to petitioner's plea deal is vacated and remanded where: 1) district courts should normally conduct their own evidentiary hearings before reaching independent credibility determinations; 2) the district court erred in making its own credibility finding without its own evidentiary hearing; and 3) it is permissible for a court to rely on habit evidence of a lawyer's usual practice in reconstructing events. Read more...

U.S. 3rd Circuit Court of Appeals, December 11, 2008
US v. Washington, No. 07-1523, 07-1884, 07-2541
Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. Because the government moved to vacate defendant's sentence well beyond the 7-day period provided for in Rule 35, the district court lacked jurisdiction to hear the motion or vacate the sentence.

U.S. 3rd Circuit Court of Appeals, December 11, 2008
US v. Grape, No. 07-3682
District Court order allowing the Government to forcibly medicate defendant, pursuant to 28 U.S.C. section 1291, is affirmed where the Government has presented sufficiently important interests to forcibly medicate defendant, an incarcerated paranoid schizophrenic charged with child sex offenses. The administration of antipsychotic medication is substantially likely to render him competent to stand trial, and unlikely to produce side effects that may prevent him from helping prepare for his trial.

U.S. 4th Circuit Court of Appeals, December 09, 2008
Masiss v. Mukasey, No. 051329, 051851
Petition to review decision by the Board of Immigration Appeals finding petitioner deportable as an aggravated felon is denied in part and dismissed over claims of error that: 1) petitioner had in ineffective counsel, based on his counsel's decision to concede deportability for petitioner's conviction for reckless endangerment; and 2) reckless endangerment is not a "crime of violence" and thus could not have formed the basis of petitioner's deportation as an aggravated felon.

U.S. 4th Circuit Court of Appeals, December 12, 2008
US v. White, No. 07-4750
District court properly denied Defendant's motion to suppress the evidence of cocaine seized from his car. Officers had reason to believe that their informant was truthful and that his tip was reliable where: 1) the informant was under arrest on a possessory offense and had every incentive to cooperate with the police; 2) he believed that his phone calls to arrange a drug deal with Defendant were being recorded; and 3) every bit of information that he provided was quickly borne out by actual events.

U.S. 5th Circuit Court of Appeals, December 08, 2008
De Hoyos v. Mukasey, No. 07-60740
Petition for review of a final order of removal is denied where: 1) a prior cancellation of removal did not erase petitioner's conviction for possession of marijuana for immigration purposes, and that conviction was admissible in the removal proceeding; and 2) petitioner's equal-protection challenge failed because he did not demonstrate that he was similarly situated to other aliens who were granted admission.

U.S. 5th Circuit Court of Appeals, December 09, 2008
Williams v. Quarterman, No. 05-20350
Denial of federal habeas petition is reversed and remanded for a de novo hearing of appellant's ineffective assistance of counsel claims, as the state habeas trial court's findings do not survive review where the appellate court did not specify which facts it accepted and which it rejected in denying the petition. Read more...

U.S. 6th Circuit Court of Appeals, December 09, 2008
Owens v. Guida, No. 05-6105
In death penalty habeas proceedings in a case in which petitioner effectuated a murder-for-hire against her husband, denial of habeas relief is affirmed where: 1) state courts reasonably applied Strickland by concluding that petitioner sabotaged her own defense, as counsel's performance is not deficient when counsel follows a client's instructions; 2) state courts reasonably applied Brady because even if certain letters were favorable evidence, and were suppressed by the state, petitioner was not prejudiced because she could have presented other evidence of her husband's affair but chose not to do so; and 3) state courts reasonably applied Lockett v. Ohio in refusing to admit testimony that she wanted to plead guilty in return for receiving a life sentence, because no court has held that failed plea negotiations may be admitted at a penalty-phase hearing.

U.S. 6th Circuit Court of Appeals, December 10, 2008
US v. Hall, No. 07-5918, 07-5919
One defendant's conviction and sentence for conspiracy to commit money laundering, theft of government property, and money laundering, as well as another defendant's conviction and sentence for aiding and abetting money laundering, are affirmed where the government adequately established both that the funds at issue were government property for the purpose of 18 U.S.C. section 641 and that a theft was committed.

U.S. 7th Circuit Court of Appeals, December 08, 2008
US v. Podhorn, No. 06-2139
Conviction of a licensed firearms dealer for making false statements, selling stolen firearms, and recordkeeping violations is affirmed, and sentence vacated, and remanded where: 1) evidence gathered in interviews of defendant and in searches of his home and business was not obtained in violation of Miranda; 2) there was no abuse of discretion in allowing one of the firearms to be displayed at trial; 3) a jury instruction on a lesser-included offense was not required; and 4) two sentencing enhancements were properly applied.

U.S. 7th Circuit Court of Appeals, December 08, 2008
US v. Colon, No. 07-3929
Conviction for possession with intent to sell cocaine and conspiracy is affirmed in part and reversed in part, and sentence vacated and remanded where: 1) the seizure of defendant was based on reasonable suspicion; but 2) defendant's routine buyer-seller relationship with the participants in a drug conspiracy did not by itself make him a co-conspirator or an aider and abettor of the conspiracy.

U.S. 7th Circuit Court of Appeals, December 09, 2008
Simonson v. Hepp, No. 07-4079
In a prosecution for the sexual assault of a child, denial of a petition for habeas relief is affirmed where: 1) the state court's denial of defendant's request to present an alternative theory of the victim's injuries was not objectively unreasonable; and 2) there was no evidence that the sentencing judge relied on inaccurate information. .

U.S. 7th Circuit Court of Appeals, December 09, 2008
Reynolds v. US, No. 08-1634
In a suit alleging malicious prosecution by the government arising out of the prosecution of plaintiff-federal employee for false reporting, dismissal for lack of subject-matter jurisdiction is vacated and cause remanded where: 1) the alleged misconduct of government investigators fell outside of the discretionary-function exception to the Federal Tort Claims Act; 2) the investigators were federal employees, not contractors; 3) no search, seizure, or arrest was necessary to trigger tort liability; and 4) plaintiff had stated a valid claim for relief under state tort law.

U.S. 8th Circuit Court of Appeals, December 08, 2008
US v. Aleman, No. 08-1079, 08-1173, 08-2115
Defendants' convictions and sentences for conspiring to distribute methamphetamine are affirmed for the most part over claims of error regarding whether: 1) one defendant's statement to police should have been suppressed; 2) the district court erred by denying a continuance and giving a willful blindness instruction; 3) the government failed to turn over materials to a defendant; 4) the government made prejudicial statements before the jury; and 5) the sentence were properly imposed. One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly.

U.S. 8th Circuit Court of Appeals, December 08, 2008
US v. Antelope, No. 08-2206
An appeal from a denial of defendant's motion to withdraw his guilty plea to assault with a dangerous weapon with intent to do bodily harm is dismissed where enforcing the waiver provision in defendant's plea agreement would not result in a miscarriage of justice because Supreme Court precedent barred defendant's only argument.

U.S. 8th Circuit Court of Appeals, December 10, 2008
US v. Langley, No. 08-1508
A conviction for traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor, and using a means of interstate commerce to persuade, induce, entice, or coerce a minor to engage in sexual activity for which a person could be charged with a crime is affirmed over claims that: 1) the district court improperly admitted the eight photographs of an apparent minor; and 2) there was insufficient evidence to find him guilty on either count..

U.S. 9th Circuit Court of Appeals, December 08, 2008
Tennison v. City & County of San Francisco, No. 06-15426
In a 42 U.S.C. section 1983 action arising after plaintiffs served nearly thirteen years in state prison for a murder of which both were declared factually innocent by the courts, partial denial of defendants-homicide inspectors' motion for summary judgment is affirmed where: 1) Brady imposes a duty on both prosecutors and police officers to disclose exculpatory evidence; 2) the district court properly rejected inspectors' argument that bad faith is required to establish a Brady violation; 3) inspectors were not entitled to qualified immunity with respect to their failure to disclose certain exculpatory statements; 4) they also were not entitled to absolute or qualified immunity with respect to a confession; and 5) qualified immunity was properly denied with respect to a claim regarding a Secret Witness Program request.

U.S. 9th Circuit Court of Appeals, December 09, 2008
Chambers v. McDaniel, No. 07-15773
In a first degree murder case, denial of a petition for habeas relief is reversed where: 1) a Nevada Supreme Court order denying a petition for extraordinary writ was made on the merits and such denial satisfied the exhaustion requirement; 2) petitioner's federal constitutional right to due process was violated because the instructions given at his trial permitted the jury to convict him of first-degree murder without a finding of the essential element of deliberation; and 3) the error was not harmless.

U.S. 9th Circuit Court of Appeals, December 12, 2008
Renteria-Morales v. Mukasey, No. 04-74742, 06-73283
In the context of immigration law, a conviction for failure to appear in court in violation of 18 U.S.C. section 3146 qualifies as the generic crime of "obstruction of justice" under 8 U.S.C. section 1101(a)(43)(S) but does not qualify as the generic crime of "failure to appear" under section 1101(a)(43)(T). Also, a petitioner's prior conviction qualifies as an aggravated felony under section 1101(a)(43)(S) only if the petitioner has been sentenced to a term of imprisonment of "at least one year."

U.S. 9th Circuit Court of Appeals, December 12, 2008
Seattle Affiliate of the October 22nd Coalition to Stop Police Brutality etc. v. City of Seattle, No. 06-35597
Seattle's parade ordinance, which gives its police chief, when issuing a parade permit, the discretion to require marchers to use the sidewalks instead of the city streets, is facially unconstitutional as the ordinance by its terms gives the police chief unbridled discretion to force marchers off the streets and onto the sidewalks, unchecked by any requirement to explain the reasons for doing so or to provide some forum for appealing the chief's decision.

U.S. 10th Circuit Court of Appeals, December 05, 2008
US v. Rhodes, No. 08-2111
A modified sentence for defendant's role in a conspiracy to possess with intent to distribute crack cocaine is affirmed over a claim that the district court erred in concluding that, in modifying his sentence pursuant to 18 U.S.C. section 3582(c)(2), it lacked the authority to impose a sentence less than the minimum of the amended guideline range. Booker does not apply to sentence modification proceedings under section 3582(c)(2).

U.S. 10th Circuit Court of Appeals, December 08, 2008
US v. Arreola, No. 07-2168
Defendant's sentence for making a false statement, presenting a false claim, and embezzlement of public funds is affirmed where the district court did not err in concluding that defendant, who worked as a buyer, occupied a position of trust at Los Alamos National Laboratory and her sentence was procedurally reasonable.

U.S. 10th Circuit Court of Appeals, December 08, 2008
US v. Lawrance, No. 08-6034
Conviction for failing to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is affirmed over claims that: 1) defendant's prosecution under SORNA's failure to register provisions violated the Ex Post Facto Clause; 2) SORNA and its failure to register provisions violate the Commerce Clause because they exceed the authority granted to Congress to regulate interstate commerce; and 3) the statute's application to his conduct violated his due process rights.

U.S. 10th Circuit Court of Appeals, December 09, 2008
Buck v. City of Albuquerque, No. 07-2118
In a 42 U.S.C. section 1983 action against police officers and city arising from events that transpired during an antiwar rally at the University of New Mexico, denial of defendant-police captain's motion for summary judgment is affirmed where: 1) the district court correctly found that defendant was not entitled to qualified immunity for directing the arrests of and authorizing the use of force against certain plaintiffs; 2) the rights underlying those claims were clearly established; 3) as to a First Amendment retaliation claim, defendant's challenges failed because the right to peaceful assembly and freedom of speech is clearly established; and 4) the circuit court was without jurisdiction to consider factual disputes regarding the remainder of defendant's challenges.

U.S. 10th Circuit Court of Appeals, December 09, 2008
US v. Hinckley, No. 07-7107
A conviction for failing to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is affirmed over claims that: 1) the indictment was constitutionally defective because it sought to prosecute him for behavior that predated SORNA's effective date; 2) the application of SORNA in his circumstances violates the Ex Post Facto Clause; 3) he was denied due process because he had no notice that he was required to register under SORNA; 4) Congress's delegation to the Attorney General in section 16913(d) violated the Nondelegation Doctrine; and 5) SORNA violates the Commerce Clause by punishing activity that does not substantially affect interstate commerce.

U.S. 10th Circuit Court of Appeals, December 10, 2008
US v. West, No. 06-4284
A prior conviction under Utah law for failing to stop at an officer's command qualifies as a violent felony under the Armed Career Criminal Act's (ACCA) residual language. A sentence for being a previously-convicted felon in possession of a firearm is remanded for further proceedings where: 1) although a presentence report (PSR) contained facts supporting the application of various enhancements, defendant adequately disputed those facts at sentencing; 2) thus, the district court was obligated, under Fed. R. Crim. P. 32(i)(3)(B), either to rule on those disputes or explain why the disputed facts were not relevant to sentencing; and 3) the district court failed to meet its fact-finding obligation under Rule 32(i)(3)(B).

U.S. 10th Circuit Court of Appeals, December 11, 2008
US v. Ford, No. 07-1176
A conviction for illegally selling or possessing a machine gun is affirmed where, in light of all the evidence presented at trial, certain emails sent between defendant and an informant that the government failed to produce were not sufficiently material to cast doubt on the jury's verdict, despite the fact that entrapment was the primary defense at trial.

U.S. 11th Circuit Court of Appeals, December 12, 2008
US v. Gonzalez, No. 08-10008
District court did not err by enhancing Defendant's sentence for a "crime of violence" conviction per U.S.S.G. section 2L1.2(b)(1)(A)(ii), notwithstanding that her prior conviction for aiding and abetting a bank robbery does not meet the definition of "aggravated felony." Her sentence, which is near the middle of her Guidelines range, is both procedurally and substantively reasonable.

Supreme Court of California, December 11, 2008
In re Raymond C., No. S149728
In a companion case to People v. Hernandez, __ Cal.4th __ (Dec. 12, 2008, S150038), the California Supreme Court rules that the officer in this DUI case acted with sufficient particularized suspicion to justify the traffic stop in circumstances where the officer saw that defendant's car did not have license plates or a temporary permit in the rear window, and he could not see whether there was a temporary permit in the front window (which there was).

Supreme Court of California, December 11, 2008
People v. Hernandez, No. S150038
An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid. To support a stop the officer must have a reasonable suspicion that the particular permit is invalid.

Supreme Court of Florida, December 11, 2008
Poole v. State of Florida, No. SC05-1770
Death sentence is vacated and a new penalty phase ordered where the prosecutor's improper cross-examination of defense witnesses constituted inadmissible nonstatutory aggravation. The trial court erred in overruling defense counsel's objection after the prosecutor asked questions regarding unproven prior arrests and the unproven content of a tattoo.

Supreme Court of Florida, December 11, 2008
Larimore v. State of Florida, No. SC06-139
In order for the circuit court to have jurisdiction, an individual must be in lawful custody when the State takes steps to initiate commitment proceedings pursuant to the Involuntary Civil Commitment of Sexually Violent Predators Act, commonly known as the Jimmy Ryce Act.

Supreme Court of Florida, December 11, 2008
Tennis v. State of Florida, No. SC06-730
First-degree felony murder conviction and death sentence are reversed and remanded where the trial court failed to hold a hearing to determine whether Defendant's unequivocal request for self-representation was a knowing and intelligent waiver of his right to court-appointed counsel.

Supreme Court of Florida, December 11, 2008
In Re: Standard Jury Instructions in Criminal Cases -- Report No. 2007-10, No. SC07-2324
The Court hereby authorizes modifications to Standard Jury Instruction 7.7 (Manslaughter).

Supreme Court of Delaware, December 09, 2008
Hardy v. State of Delaware, No. 126, 2008
Convictions for Rape First Degree, Unlawful Imprisonment First Degree, and Aggravated Menacing are reversed and remanded where the prosecutor vouched for the State's case by commenting, in his closing remarks to the jury, that falsely reported rapes do not go to trial.

Supreme Court of Delaware, December 10, 2008
Jianniney v. State of Delaware, No. 350, 2007
Judgment of the Superior Court is affirmed, as the trial court erred in admitting Mapquest printouts under an exception to the hearsay rule for published compilations. The printouts were admitted for the truth of the website's driving time estimates, but the State offered no evidence that those estimates are relied upon by the public or by professional drivers.

California Appellate Districts, December 08, 2008
People v. Hassan, No. B194141
In a prosecution involving marriage fraud for immigration purposes, a conviction for offering false or forged instrument for recording and offering false evidence is reversed in part and affirmed in part where: 1) there was undisputed evidence defendant did not live in the same dwelling as his alleged wife; 2) "living together" as written in section Penal Code section 115 means cohabitating; and 3) defendant was improperly convicted of offering false evidence. .

California Appellate Districts, December 09, 2008
In re C.R., No. B205565
Order finding defendant to be a ward of the juvenile court because he committed gang-related murder is affirmed where: 1) there was no need for the court to make a finding of degree of crime; and 2) there was sufficient evidence of first degree murder.

California Appellate Districts, December 11, 2008
In re Aguilar, No. B203595
Governor's decision to reverse the Parole Board's grant of parole is vacated and the parole release order is reinstated where overwhelming evidence supported the Board's conclusion that petitioner is suitable for parole and does not pose a current danger to society.

California Appellate Districts, December 11, 2008
In re Z.R., No. F054835
Penal Code section 626.10 subdivision (a), which prohibits a student from bringing or possessing "a razor with an unguarded blade" on school grounds, thereby proscribes the possession of a box cutter with an exposed blade. .

Texas Court of Criminal Appeals, December 10, 2008
Segundo v. Texas, No. AP-75,604
On rehearing, conviction and death sentence are affirmed where boilerplate statements on the parole-revocation certificates admitted by the trial court are nontestimonial.


Posted On: December 17, 2008

Findlaw Case Summaries Constitutional Law December 8-12, 2008

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

U.S. 1st Circuit Court of Appeals, December 11, 2008
Dutil v. Murphy, No. 06-2292
The text of the Massachusetts SDP statute, as interpreted by state courts, does not on its face violate the due process protections heretofore afforded sexually dangerous persons subject to civil commitment. Appellant's due process rights are not violated by the statute's failure to provide an unambiguous timeline for a redetermination of his sexual dangerousness. .

U.S. 1st Circuit Court of Appeals, December 11, 2008
Broadley v. Hardman, No. 08-1342
Absent any allegation that state officials were used to enforce the process, Defendant was not transformed into a state actor for section 1983 purposes when he issued a subpoena commanding the Plaintiff to appear at a pretrial deposition, even though the subpoena was issued in his capacity as a notary public and in the name of the state of Rhode Island.

U.S. 9th Circuit Court of Appeals, December 08, 2008
Tennison v. City & County of San Francisco, No. 06-15426
In a 42 U.S.C. section 1983 action arising after plaintiffs served nearly thirteen years in state prison for a murder of which both were declared factually innocent by the courts, partial denial of defendants-homicide inspectors' motion for summary judgment is affirmed where: 1) Brady imposes a duty on both prosecutors and police officers to disclose exculpatory evidence; 2) the district court properly rejected inspectors' argument that bad faith is required to establish a Brady violation; 3) inspectors were not entitled to qualified immunity with respect to their failure to disclose certain exculpatory statements; 4) they also were not entitled to absolute or qualified immunity with respect to a confession; and 5) qualified immunity was properly denied with respect to a claim regarding a Secret Witness Program request.

U.S. 9th Circuit Court of Appeals, December 09, 2008
Societe Civile Succession Richard Guino v. Renoir, No. 07-15582, 07-15583, 07-17209
In a copyright infringement case, summary judgment for plaintiff is affirmed where: 1) under Twin Books v. Walt Disney Co., 83 F.3d 1162 (9th Cir. 1996), sculptures created by French artist Pierre-Auguste Renoir and one of his assistants were not in the public domain and were protected by copyright; 2) Twin Books remains binding precedent and does not conflict with either the Copyright and Patent Clause or the Supreme Court's precedent in Eldred v. Ashcroft; and 3) defendants infringed plaintiff's copyrights in the sculptures.

U.S. 9th Circuit Court of Appeals, December 12, 2008
Seattle Affiliate of the October 22nd Coalition to Stop Police Brutality etc. v. City of Seattle, No. 06-35597
Seattle's parade ordinance, which gives its police chief, when issuing a parade permit, the discretion to require marchers to use the sidewalks instead of the city streets, is facially unconstitutional as the ordinance by its terms gives the police chief unbridled discretion to force marchers off the streets and onto the sidewalks, unchecked by any requirement to explain the reasons for doing so or to provide some forum for appealing the chief's decision.

U.S. 9th Circuit Court of Appeals, December 12, 2008
Sklar v. Comm'r of Internal Revenue, No. 06-72961
A tax court decision affirming the IRS's disallowance of deductions plaintiffs claimed for tuition and fees paid to their children's Orthodox Jewish day schools is affirmed where: 1) plaintiffs' 1995 tuition payments were not deductible as charitable contributions under the Internal Revenue Code; and 2) a closing agreement between the IRS and Church of Scientology does not constitutionally and administratively require the IRS to allow charitable deductions for plaintiffs' tuition payments..

U.S. 10th Circuit Court of Appeals, December 08, 2008
US v. Lawrance, No. 08-6034
Conviction for failing to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is affirmed over claims that: 1) defendant's prosecution under SORNA's failure to register provisions violated the Ex Post Facto Clause; 2) SORNA and its failure to register provisions violate the Commerce Clause because they exceed the authority granted to Congress to regulate interstate commerce; and 3) the statute's application to his conduct violated his due process rights.

U.S. 10th Circuit Court of Appeals, December 09, 2008
Buck v. City of Albuquerque, No. 07-2118
In a 42 U.S.C. section 1983 action against police officers and city arising from events that transpired during an antiwar rally at the University of New Mexico, denial of defendant-police captain's motion for summary judgment is affirmed where: 1) the district court correctly found that defendant was not entitled to qualified immunity for directing the arrests of and authorizing the use of force against certain plaintiffs; 2) the rights underlying those claims were clearly established; 3) as to a First Amendment retaliation claim, defendant's challenges failed because the right to peaceful assembly and freedom of speech is clearly established; and 4) the circuit court was without jurisdiction to consider factual disputes regarding the remainder of defendant's challenges.

U.S. 10th Circuit Court of Appeals, December 09, 2008
US v. Hinckley, No. 07-7107
A conviction for failing to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is affirmed over claims that: 1) the indictment was constitutionally defective because it sought to prosecute him for behavior that predated SORNA's effective date; 2) the application of SORNA in his circumstances violates the Ex Post Facto Clause; 3) he was denied due process because he had no notice that he was required to register under SORNA; 4) Congress's delegation to the Attorney General in section 16913(d) violated the Nondelegation Doctrine; and 5) SORNA violates the Commerce Clause by punishing activity that does not substantially affect interstate commerce.

U.S. 11th Circuit Court of Appeals, December 11, 2008
Norfolk S. Ry. Co. v. Alabama Dep't of Revenue, No. 08-12712
Alabama's sales and use tax on diesel fuel, with its exemptions for motor and water carriers, does not discriminate against railroad companies in violation of Section 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976. Plaintiff was properly denied preliminary injunctive relief.

Supreme Court of Delaware, December 09, 2008
Ford Motor Co. v. Director of Revenue, No. 257, 2008
State Director of Revenue's determination that it could lawfully impose an unapportioned tax on petitioner's receipts from sales of motor vehicles sold to independent dealerships located in Delaware is affirmed where: 1) the Wholesalers' Gross Receipts Tax did not violate the dormant commerce clause of the U.S. Constitution; 2) the decision in Dial Corp. v. Director of Revenue, 2008 WL 2058520 (Del. Super. Ct. Jan. 29, 2008) did not compel a holding that the tax could not be imposed; and 3) the tax was applied only to vehicles delivered in Delaware..


Posted On: December 17, 2008

New York Supreme Court Appellate Division First Department Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 17, 2008.

1. People v. Danvers, 4244, 4703/05, 4245, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7745; 55 A.D.3d 362; 864 N.Y.S.2d 770; 2008 N.Y. App. Div. LEXIS 9179, October 14, 2008, Decided, October 14, 2008, 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 ...
... Defendant-Appellant. The People of the State ...
Appeals from judgments, Supreme Court, New York County (Gregory Carro, J. ..

Posted On: December 17, 2008

Libraries Taskforce to Investigate OCLC Policy Change Regarding Use and Transfer of WorldCat Records

According to libraryjournal.com, a libraries taskforce has been formed to investigate the recent OCLC policy changes regarding the use and transfer of WorldCat records.

According to libraryjournal.com:

"Taking a step likely to be welcomed by many in the cataloging community, the Association of Southeastern Research Libraries (ASERL) and the Association of Research Libraries (ARL) have formed an ad hoc task force to study the recently disseminated OCLC policy governing the use and transfer of WorldCat records.

The group has indicated that the study will not be a formal legal analysis, but will instead attempt to determine what changes in cataloging practice and policy will be required as a result of the update from OCLC. As ASERL executive director John Burger told LJ, 'The concerns are mostly about the assertion of copyright over the records, the somewhat-sudden, unilateral nature of the change, and questions seeking greater clarity over what uses are permissible and what are not.' "...

See Also:

OCLC policy statement: Policy for Use and Transfer of WorldCat Records, Updated to November 19, 2008.

Posted On: December 17, 2008

NBC Report: During Economic Downturn, Library Use "Way Up"While Budgets are Being Cut

According to an NBC report on MSNBC, use of library has gone "way up" during the present economic downturn; circulation is "skyrocketing". All of this at a time when the budgets of many of these libraries are being cut..

When you go to the above link, be patient, You will first need to listen to a brief commercial before getting to the report about libraries.

Posted On: December 16, 2008

GPO Authentication Initiative: Beta Release of Authenticated Congressional Bills

"GPO's Authentication initiative focuses on the primary objective of assuring users that the information made available by GPO is official and authentic and that trust relationships exist between all participants in electronic transactions. In furthering GPO's mission to provide permanent public access to authentic U.S. Government publications, GPO is working to afford users further assurance that files are unchanged since GPO authenticated them.

The Beta release of an Authenticated Congressional Bills application provides digitally signed and certified Adobe Portable Document Format (PDF) files for a sample set of Congressional Bills from the 110th Congress. GPO has signed and certified the House and Senate bills PDF files within this application as part of GPO's initiative to reassure users that the online documents are official and authentic.

The documents in this database are available as ASCII text and digitally signed and certified Adobe Portable Document Format (PDF) files."

Posted On: December 15, 2008

New York City Bar Association Partners With Google for Records and Briefs Project

From: The New York City Bar Library December 15, 2008.

The New York City Bar has finalized an agreement with Google and LLMC-Digital to digitize the remaining print volumes of Records & Briefs in the City Bar's collection. This project will preserve court cases from the New York Court of Appeals (1823-1929) and all four departments of the Appellate Division (1896-1940). The project will also include scanning very scarce cases from the Superior and Appellate Term courts in the mid-late 1800's. The trial transcripts and briefs will be available free of charge from Google and in an enhanced format in the LLMC-Digital database available through the City Bar's web site (www.nycbar.org ).
The City Bar expects to transfer 1,000 volumes per week to Mountain View, California starting this week. Other New York area libraries may also become involved in this project in order to create a comprehensive online collection of New York Records and Briefs.

The New York City Bar continues to work with William S. Hein to provide material for HeinOnline including a complete collection Canadian and Australian Session Laws and materials from the Annual National Moot Court Competition.

Posted On: December 15, 2008

Libraries with Thomson West Library Maintenance Agreements (LMAs)

QUESTION:

What are libraries with existing Thomson West Library Maintenance Agreements (LMAs) planning to do when those Agreements come up for renewal? Responses, arranged by type of library are quite varied. All names have been removed to protect privacy but we are especially grateful to the person who both submitted the question originally and compiled the responses below:

RESPONSES:

Academic Libraries:

1. We renewed our LMA but scaled back on our title list.

2. We are at this time continuing our LMA account. We did have a discussion as to whether it would be viable to break with the LMA but we didn't think it would be wise at this time.

3. We are renewing our LMA. We have cancelled and added a few titles, but it will remain essentially at the same level. One of the main reasons we will continue is that the LMA makes handling West invoices MUCH easier for our accounting specialist. You know how much of a "bear" West invoices can be. We are even saving a small amount of money. Hope this helps.

4. I regret that we tied in for another three years

5. We don't have an LMA at our library, but are considering it. I would be interested in seeing the anonymous response summaries.

6. We opted to continue the LMA. However, we did a lot of housekeeping first. We cleared out many titles and a lot of the stuff that regrettably got by us when we originally started the LMA. I think we are pretty happy with how everything has turned out – it just took a lot of work.

We are still planning on renewing our LMA for an additional three years, despite the uncertain financial climate. Our primary reason for doing so is that, once the LMA expires next year, any subscriptions that we continue on a non-LMA basis will be billed at West’s current 2009 rates. In other words, if we keep our subscriptions, we will absorb three years’ worth of price increases at a single go and undo all of the “savings” we enjoyed under the LMA. The rate of increase under the LMA was significantly less than what we would have experienced without it.

I expect we will take the opportunity to cancel unneeded subscriptions outright. In particular, I am looking forward to dropping second copies of reporters and digests and focusing down our extensive state collection.

Budget uncertainties spawned by losses in the stock market are going to be with us for some time. There will probably be some titles that we won’t be comfortable renewing for three years, but are not ready to cancel outright. Last time, we kept hornbooks and nutshells out of the LMA (then bought them all anyway). This time, we might also keep out any faculty subscriptions that may be cancelled as faculty retire or move around. Of course, the more we exempt from the LMA, the less our savings.

What remains to be seen is whether West might respond to draconian cuts on our side by either limiting the LMA discount or refusing the LMA renewal outright.

7. I did renew the LMA this past year, but not before I renegotiated the entire agreement, which included cancelling many titles. Now my state is going broke and I am wondering if I will have to cancel the agreement mid term, due to fiscal exigency. What a world.

8. I'm considering opting out. I don't like being locked in by a publisher. In fact, I tried to quit ours midterm, pleading severe budget shortfalls as a reason. They wouldn't budge. Things have gotten better in my budget, and we're now less inclined to quit the LMA, but I'm seriously considering ending it when our term is up - just for spite.

9. We did renew our LMA earlier this year. We re-evaluated what we had and canceled the few duplicate titles that we still received. Our director doesn't anticipate cancelling any additional Thomson/West titles in the next 3 years and he still thinks the LMA has value for us.

10. We just renewed our LMA in October. I wasn't thrilled with it, but it gave us stability in pricing, and with our collection demands, and perceived need for WestPAC, we decided to renew and evaluate again at the expiration.

11. We scaled back extensively and only kept the titles we are sure of keeping for the next 3 years. Ours was tied into the Westpac agreement which we cancelled. That was too expensive to maintain. We are carefully monitoring our “list” which had caused us no end of troubles for the first 3 years and making sure that it is accurate and being accurately followed.

12. Our LMA was up for renewal last December and we opted not to renew.

13. We just concluded negotiation for another 3-year LMA. We had no option. If we hadn’t gone with another LMA, we would have had no choice but to make draconian cuts in our west subscriptions, i.e. reporters, statutes, and a lot of other stuff. Our rep and his boss really did yeoman’s duty in bring the new one in on budget. To say the least we are very pleased with the result.

14. We *just* made the decision not to renew our West LMA at the end of the calendar year. And, we are canceling a lot of West titles now-court rules, state reports, General digest, ALR, more supplemented treatises, especially if available on Westlaw.

15. We don't quite know- we are the end of the first year of a three year contract. We think the campus president would have to declare a fiscal emergency before we could negotiate early termination, and that hasn't yet happened. We expect to know more about our campus situation in a month.

16. We did opt in on an LMA in order to provide campus-wide access to Westlaw Campus Research at a reasonable price. We are tied to maintaining a small list of titles, three or four if I remember correctly. We were set to drop an LMA completely, but we felt like the offer was worthwhile when we looked at the complete campus picture.

17. Right now I'd say I don't know. We have a 3 year contract, I believe. We completed our first year and took advantage of the annual swap period to take out titles and add some new ones in. But we won't have to make that decision for another 18 months.

18. We don’t have an LMA, but we do have a WestPro contract tied to our Westlaw public access which is coming up for renewal. I intend to extend the contract, but will examine all the titles included in the contract to determine what I want to continue. The ability through the contract to determine future pricing makes it worthwhile to me.

19. We will be renewing, but are renegotiating a large number of the terms.

20. Our West LMA is up for renewal in November 2009. So far, the thinking, as far as I know, is that because we keep needing to cut print serials due to a shrinking budget, we will probably not renew. The single monthly payment has been enjoyed by the ladies who post our invoices, but the first year of this was quite a struggle and the first anniversary when we tried to remedy the problems of initiation with trade-outs was a bit of a struggle also. Earlier this year we got a new rep and the combination of new rep and trade-outs being behind us has eased the pain, but that first year kept us so busy with items West included on our subscription list that the after taste may still be a factor for the director.

Explanation: Because of their abbreviated titles that are such a challenge to match up with titles in the catalog, when we received their list and had less than a month before we were due to begin we did not go over the list thoroughly enough and ended up with many titles shifting from our monograph budget to our serials budget. (Numerous monographs that we’d asked NOT be on standing order each time we ordered them apparently (or suddenly?) WERE on standing order.) They also managed to drop subscriptions that we’d not asked to cancel. They’d also told us that Rutters Guides would not be on the plan. When we questioned them about the guides showing up on the invoice they decided they had to increase our monthly payments, even though that had been out of the question for anything we’d wanted removed from the list.

I do wonder though…if we were TRULY saving each year and inflation took prices as high as West said it would, how much of an increase we’ll experience when we do discontinue. If inflation went as high as they predicted then it should be a large jump, having accumulated 3 years worth of that increase. I also wonder if at renewal time West will renegotiate the rate of increase with libraries that do renew. We have not added new titles at the anniversary date so our rate should not have gone up more than the contract said (and yet the ladies that pay our bills say we pay more than the figure on the contract—that in the second year we were already paying what it said we’d be paying in the third year), but for libraries that added new titles at each anniversary it might be hard to gauge the increase on the original subscriptions.

21. Having locked up a significant percentage of our dwindling budget in our LMA account, and the "Public Access Westlaw" titles within it, we don't know if we will continue. If we do, it will only be with significant changes in our subscriptions -- things like the National Reporter subscriptions, Fed Digest 4th, etc. It's just too large a sinkhole, and keeping things we can access online, just because not all of our user population can do so equally with our faculty and students is becoming less and less of a reason to keep doing so.

22. We were one of the first to sign on and we have already completed and started our new agreement. We had already pared down our West titles to only crucial titles prior to us signing the agreement, and we were offered a very nice deal. When it came time to renew we identified about $15,000 worth of materials that we didn’t need any longer. A few second copies and a few titles that were no longer needed by faculty. When we tried to make the cuts which about 17% over what we already had, we were told that we could only make 5% cuts to remain in the program. This was a bit of a surprise to me, so we made the 5% cuts and resigned. That is the only caveat to warn you about. They do supply a nice spreadsheet in which you can make cuts and see the percentage. It is really easy, however the amounts are not actual, but they just allocate figures so the real amount of the item is anybodies guess. It is working for us and we do like it, but again we had been making cuts for years and were down to essential titles prior to signing in the first place. If your library is not in that position, I would not recommend it.

23. We haven't decided; it is on our agenda to review our list and the LMA right after New Year's. Whether or not we sign a new agreement may depend on the "deal" West offers after we have pared our list.

24. Three years ago we resisted the West hard-sell on the LMA to the bitter end because we wanted to maintain the freedom to cancel titles at will. In fact, the LMA proposal got our reference librarians energized to examine our West titles and instead of signing the LMA we canceled dozens of titles. I would be interested in the results of your survey to know whether your peers have found the LMA beneficial, whether they plan to continue or jump ship.

25. We aren't currently under an LMA. We just got a proposal for one, but it's looking like we won't accept. It basically comes down to the fact that we want to be able to cancel whatever, whenever. We have budget cuts forthcoming so we're currently vetting all selections from our West invoices and will continue to do so for the next several months.

26. We will probably trim the subscription list some, but most likely renew.

27. We never signed on to the agreement. We found the sales reps too aggressive; the lists sent to us of our subscriptions hardly readable; and we heard some stories of libraries with incredible billing problems. We are now currently cancelling several West titles.

28. We renewed our LMA contract in the summer. But now the University expects all departments to reduce their budget and expenses.

29. West has proposed the LMA to us the past few years. The restrictions in the proposals we saw in the past, including limits on adding and cancelling titles, and a not very advantageous cap on increases over the term of the contract caused us to decline. We’ve also had “reps from hell” during those years, who couldn’t sell, or explain their way into or out of a paper bag, so that didn’t help. We were concerned, and continue to be concerned about the privacy clause regarding sharing information with our peer institutions. I hate that!

They have just come to us with a new proposal, which looks a bit better. We’ve recently cancelled virtually all the subscriptions for our second core collection, which reduces our concern about limits on cancellations. They’ve broadened, a bit, the permission to add titles. The “opt-out” clause for state supported institutions helps a bit as well. If, God forbid, we were to take a slashing cut in the budget, we could drop the LMA and cancel at will. The cap on increases still isn’t real attractive, but so it goes.

30. We have been told to do radical surgery on our subscriptions, but we are smack dab in the middle of a large LMA with West. We do not plan to renew.

31. Just some thoughts: Once you start an LMA, it is difficult to stop. Not because of West or the agreement, but because of the cost increases you will have to absorb.
In a time when we and our students are increasingly interested in electronic resources it seems counterintuitive for libraries to lock in print subscriptions. It makes sense for West, as a means to preserve their print business, but I am not sure the agreements are healthy for libraries. It saves some money in the short term, but holds back collection format migration in the long term.

I have to wonder how much longer we will all be maintaining print reporter collections given, at least in our case, how rarely the books are being used. Most of us have gotten rid of print digests, citators, and state reports. Print law reviews remain because they are cheap and P&T committees still prefer seeing junior faculty in print.

Firm Libraries:


1. We are planning to continue our LMA because we can predict the costs over the next three years. The increase rate is much lower than the normal increase rate. I cut out a lot of materials for this current round, though.

2. I just negotiated another 3 year LMA. My accounting department loves one invoice a month. It helps me control my budget. The last LMA worked so well we opted to sign up again.

3. The LMA we signed is tied to our flat rate WL discount. We will be renegotiating this year based upon what print Thomson West titles we still actually keep in our collection. We have a mandate to cut print, as we will be relocating in the next year or so, and will have less space. For now, we will be cancelling a number of print titles that are included in our WL flat rate. However, we do this very carefully, try to get the attys. to training and give them plenty of notice. The West reps know that there will be changes in the LMA, and I am going to make certain the renewal times are closer together to accommodate the decisions we make regarding print vs. online.

4. Our LMA expires in 2009 -- so we will take advantage of the 5% adjustment offered in the contract and cancel titles up to our 5%. However, we want to cut a total of 10% of the LMA so are tying our negotiation of our Westlaw special offer to the LMA -- hoping to get price breaks for both. Without the price breaks we seek, we will not renew Westlaw special offer contract and ride out the LMA through 2009 and then cancel over 70% of West print. Seeing how bad the economy is I think for the first time in years we may have the upper hand on getting great contracts and subscription deals. We will see what happens.

5. I will not renew again. The renewal process is a shambles. For 2 years ( starting the 3rd and final soon) I developed my own Excel spreadsheet to calculate deletions and add ons only to have 1) West almost completely ignore / take 3 months on average to implement changes ; 2) have meeting after meeting with them about developing a tool to calculate the changes never to see any finished product; and 3) have to fight and I mean fight for even estimated costs of supplements ( remember the good old days when the long gone and much lamented FTC guidelines for legal publishing required supplement prices to be posted? Well the LMA group at West never heard of them and was a little taken aback when I referred to this good business standard.)

State Court & County Libraries:


1. I renewed my LMA about 18 months ago. I was still fairly new here so I went along with staff's recommendation to retain 3 print subs to the --- decennial digest. Arrgh. When we have public access WL steps away.

Anyway, I went through the entire treatise collection and made some changes/additions. It's a bit tricky since I have three staffed branches where the staff doesn't want to cancel or appear to be downsizing. Now, when I have two treatises on a topic, I'm forced to consider canceling the non-West since I can't cancel the West.

One thing to pay attention to: the agreement says something like at the end of the term, the parties agree to use their best efforts to enter into a superseding LMA. If they don't enter into a superseding LMA, then Subscriber shall there-after be billed at the then current rates for its West print product titles subscriptions. Since West won't participate in the price index and often doesn't post prices on their web site, who knows what the current rates might be? I'm guessing they won’t be helpful in providing that information to let me make an informed decision. Unclear what the best efforts and good faith negotiations might mean either.

I did take advantage of the option of rebalancing things a bit after the 1st year. I've had to cancel some big sets due to downsizing/loss of space and they won't give me a break when that happens.

2. The Court Law Library is presently in negotiation w/TW re a possible LMA (first time). I have not been impressed with some of the pricing they are proposing to give the court - even tho the LMA does limit the amount of annual increases for the next 2 years. In addition, the lack of flexibility is not so great for the Court. I'll leave it at that, but I am advising the Court to probably skip the LMA unless TW can offer them better first year pricing (i.e., the pricing for updating the West CA Code sets in year one of the proposed LMA is 69% higher than what the Court has been paying for this current year... highway robbery!).

3. Our LMA is not up for renewal at this time, but continues for several more years. IF our LMA was up for renewal…

· The primary reason that the LMA is valuable to us is that we avoid individual invoices for each material piece. We would try to keep the LMA for that reason

· Our Collection Development team would review our list of received titles and would recommend changes (adds or cancels)

· We would try to re-negotiate the contract if there were a significant number of changes desired.

4. At the moment I am planning on renewing, but will be approaching my rep to get quotes with a reduced title list. This of course, breaks my heart, but in light of our economic situation, I have no choice, as it appears that I am on a zero growth budget for the next two years.

5. We are entering our 3rd and final year of the LMA. We will continue it by adding the few items we were able to purchase this calendar year. Unfortunately, we usually have few deletions, so the price increases. Our budget is so small that what we currently subscribe through West is a fairly basic collection anyway. As a result, we try to take advantage of also WestPacing as many titles as possible.


Posted On: December 15, 2008

ABA Book Announcements December 11, 2008

THE FEDERAL INFORMATION MANUAL: How the Government Collects, Manages, and Discloses Information under FOIA and Other Statutes
By P. Stephen Gidiere III

"Disputes about access to federal information arise in numerous contexts, from corporate transactions and administrative rulemaking to Congressional subpoenas, civil litigation, and national security. The Federal Information Manual provides a comprehensive guide through the powerful Freedom of Information Act (FOIA) as well as the varied and often obscure statutes, cases, regulations, judicial decisions, executive orders, and policies that govern federal information."

"In addition to explaining how to submit a successful FOIA request and providing checklists to use in preparing the request, this manual also examines:

The collection and management of information
Electronic records
Classified information
Litigation involving federal records
Reasons for the withholding of agency records
Homeland security
The trend toward more government secrecy

The Federal Information Manual is a convenient, one-stop resource that will help you successfully navigate through FOIA and the framework of statutes and regulations that control how the federal government keeps its records and responds to public information requests."

PUBLICATION DETAILS:

Regular Price: $119.95
Environment, Energy, and Resources Section Member Price: $99.95

©2006
6 x 9 - Paperback
464 pages
Product Code:
5350144

____________________________________________

Virtual Law: Navigating the Legal Landscape of Virtual Worlds
By Benjamin Tyson Duranske

"This book is an introduction to the emerging and fascinating world of virtual law. It examines current cases and legislation impacting virtual world providers and users, and makes predictions about the future application of current law. It addresses the application of intellectual property law (copyright, trademark, and patent), criminal law, property law, contract law, securities law, tax law, and civil procedure. The author provides clear and practical advice on how to create a virtual world presence for your practice or for your clients with virtual world connections. The book also includes extensive appendices listing in-world and web-based resources for practitioners and legal scholars".

"If you are one of the many who have read about and heard about virtual worlds but do not really understand what a virtual world is, or even how to use appropriate terminology when discussing them, then this is the book for you".

PUBLICATION DETAILS:

Regular Price: $49.95
Section of Science & Technology Law Member Price: $39.95

©2008
6 x 9 - Paperback
430 pages, Paper
Product Code:
5450052




Posted On: December 15, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the NY Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 15, 2008.

1. People v. Mears, 4384, 4854/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8021; 55 A.D.3d 439; 866 N.Y.S.2d 75; 2008 N.Y. App. Div. LEXIS 7858, October 23, 2008, Decided, October 23, 2008, 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 (Micki A. Scherer,

Posted On: December 15, 2008

ABA Journal Weekly Newsletter : Week Ending December 12, 2008

Top Ten Stories:

Law Practice Management
Battling for Scarce Legal Work, Associates Vie for Paralegal Tasks
Dec 10, 2008, 04:30 pm CST

White-Collar Crime
Feds: Attorney Marc Dreier Stole $380M; a 'Houdini of Impersonation'
Dec 11, 2008, 11:12 am CST

Law Firms
Akin Gump Among the Firms Rescinding Job Offers to 2Ls
Dec 9, 2008, 07:01 am CST

Attorney Fees
At White & Case, Top Lawyers Bill as Much as $1,260 an Hour
Dec 8, 2008, 08:35 am CST

Law Schools
Duquesne Ousts Law Dean
Dec 10, 2008, 05:01 pm CST

Careers
Legal Employment Down 12,000 Jobs in Last Year
Dec 5, 2008, 11:02 am CST

Law Practice Management
Howrey Axes About 10 Associates; Not Layoffs But 'Outplacement'
Dec 10, 2008, 04:49 pm CST

Law Practice Management
Strong Law Firms Stress Productivity Above Collegiality, Consultant Says
Dec 11, 2008, 10:38 am CST

U.S. Supreme Court
Justice Souter Calls Lawyer's Argument 'Utterly Irrational'
Dec 10, 2008, 06:07 am CST

Criminal Justice
Will Rezko or Tapes Prove More Damaging in Case Against Ill. Gov?

Posted On: December 11, 2008

The Lawyer’s Guide to Microsoft® Excel 2007


By John C. Tredennick

ABA Publication Announcment:

--------------------------------------------------------------------------------

"Spreadsheet programs are one of the most powerful but underutilized tools in the trial lawyer's toolbox. John Tredennick's concise, clear book shows you how to use spreadsheets powerfully and quickly. I believe that every litigator should be familiar with the contents of this book." -- Joe Kashi, Esq., Author

Did you know Excel can help you analyze and present your cases more effectively or help you better understand and manage complex business transactions? Written by John Tredennick, author/editor of four best-selling books on law and technology issues, a 20-year trial lawyer, and a pioneer in the field of legal technology, The Lawyer’s Guide to Microsoft® Excel 2007 will help you learn how Excel can become a powerful ally in your legal practice.

No matter what your law practice, you will find spreadsheets to be incredibly handy tools for calculating, sorting, filtering, and charting data. This valuable guide is uniquely designed to help lawyers improve their efficiency and increase their productivity with the most used spreadsheet software on the market. Designed as a hands-on manual for beginners, as well as longtime spreadsheet users, you’ll learn how to build spreadsheets from scratch, use them to analyze issues and data, and create impressionable graphics presentations to use in your daily practice.

Bonus! This guide includes a companion CD-Rom loaded with spreadsheets that you can download and use as you work through the book.

December 2008
7 X 10, 148 Pages Paperback
Product Code: 5110665

Regular Price: $69.95
Section Member Price: $49.95


Posted On: December 11, 2008

Alternative Careers for Today's Law Students

BY: Emmy Gordon
Case Manager
National Pardon Center of Canada

Many fantastic careers await today’s law students upon graduation. There are the typical directions down the criminal justice road that many will take such as working as a public defender, a pardon attorney, a probation officer, or working in an already successful law firm. There are those, however, who would prefer something a little less traditional, careers to better accommodate their unique talents and interests. Fortunately, there are plenty of exciting alternative career options within the law umbrella which can help these soon-to-be professionals put their degrees to good use. As many as 10% of law students entering the workforce today, do so at an alternative angle as they vie for non-traditional jobs.

Non-Profit Organizations

Very few law graduates consider non-profit agencies as a potential career path, as they feel that “non-profit” stands for “no-paycheque.” They couldn’t be more wrong. Non-profit organizations are in constant need of grant writers, and while they may not pay as well or be as prestigious as the big firms, they also don’t require the ridiculous amount of hours and all-nighters that big firms often demand. Non-profit organizations are also more thinly staffed which exposes the working attorney to a wide array of assignments in a shorter period of time. People who are attracted to the non-profit sector are usually less motivated by monetary rewards and would prefer to go to bed at night knowing they made a positive impact for the greater good.

Information Technology (IT) Lawyer

With the advancement of information technology and the ever-increasing amount of internet users, IT law has been forced to evolve and upgrade keep up with the rise of IT crime. There are many legal enactments currently in place around the world relating to the protection of computer software, privacy, security, access and usage, and E-commerce. IT laws are sometimes described as "paper laws" for a "paperless environment." Crimes such as identity theft, credit card theft, and web-stalking are occurring at higher rates than ever and are placing IT lawyers in a position of high demand. Another great advantage provided by the internet is accessibility. People looking for an attorney or people applying for ">Canadian pardons can easily do so with the click of the mouse.

Law School Professor

Quality teachers are needed more than ever. Fortunately law is a field that can both be practiced as well as taught. What many law graduates discover is that they prefer the research, the writing and the supervising of other lawyers aspect of the profession, rather than bringing criminals to justice or helping the innocent avoid ">criminal records. One factor that discourages many law graduates interested in applying for law professor positions is they feel they need years of experience practicing before they can teach. The truth is schools do most of their hiring at the entry level, which is fantastic news because it means that you can get hired with zero years of practice just as easily as someone with 20 years in the field. One recommendation for becoming a law professor is to write a law review article. Applicants who’ve already been published are ahead of the game, and it will help them decide if the scholastic side of law is for them.

These are only three examples of the many career opportunities available for graduates entering the workforce today. A law degree doesn’t necessarily pigeonhole someone into becoming a criminal lawyer, there are many interesting paths to take, all of which offer promising futures for our up-and-coming sharp minds.

Posted On: December 11, 2008

Quinlan Narcotics Law Pop Quiz

From: Quinlan Law Enforcement Enews Alert, December 10, 2008.

Q. A confidential source told the police that Smith was carrying crack cocaine. Trooper Miller, who operated a special canine unit and was advised about Smith's suspected drug activity, stopped Smith's vehicle because it failed to signal at a turn. When Trooper Miller approached the vehicle and spoke to the occupants, he noticed that Smith's zipper was unzipped and that he kept tugging and pulling at his crotch area. Trooper Miller received Smith's permission to search the vehicle and proceeded to walk his canine around the exterior of the vehicle before searching the interior. The dog did not alert. Trooper Miller then walked the dog around Smith. Although the dog did not alert, his "demeanor" changed when he stuck his snout in Smith's crotch area. The dog was not trained to alert-to bite and scratch at the area where the drugs were hidden-at a human being, so this behavior indicated Smith was in possession of drugs. Smith would not consent to a search of his person, specifically stating that he would not drop his pants for the search. Trooper Miller contacted Detective Fugate, who sought to secure a state search warrant. While Detective Fugate pursued the warrant, Trooper Miller transported Smith and his passenger to the police post. He placed Smith in handcuffs prior to delivering him to the post. A search warrant was granted approximately an hour and a half later. During the search, approximately 34.1 grams of crack cocaine was discovered in a sock hidden in Smith's underwear. Did the length of time between the arrest and the search make the search unlawful?

A. No. Searches of persons incident to a lawful arrest required no additional justification beyond the establishment of probable cause for arrest. Furthermore, a lawful search of the person incident to an arrest did not need to take place immediately after or at the site of the arrest. Once a lawful arrest was made, the suspect and any effects in his or her possession at the place of detention that were subject to search at the time and place of his or her arrest could lawfully be searched and seized without a warrant, even though a substantial period of time had elapsed between the arrest and the taking of the property for use as evidence.

Citation: U.S. v. Smith, 2008 WL 5060338 (6th Cir. 2008)

Posted On: December 11, 2008

New York Police Officer to be Charged in Sodomy Case

From: Quinlan Law Enforcement Enews Alert, December 11, 2008:

"A New York City police officer is expected to be charged with beating and sodomizing a man with a police baton on a subway platform. A lawyer for the officer, who is accused of being the leader in the assault, said his client has been ordered to surrender to police for processing and arraignment. The victim, who works at a tattoo parlor, claims he was approached by several uniformed officers in the early afternoon in Brooklyn's Prospect Park on suspicion he was smoking marijuana. The officers followed the man into a nearby subway station, where they allegedly forced him to the ground, handcuffed him, and then assaulted him with the baton. The incident has sparked charges of police brutality similar to the case of Abner Louima, a Haitian immigrant who was attacked with a broomstick in a Brooklyn police station in 1997. The officer charged maintains his innocence and has been placed on modified assignment."

Source: Reuters

Posted On: December 11, 2008

New York: U.S. v Spargo

Findlaw Breaking Legal Document, December 10, 2008:

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

Former New York Judge Indicted for Attempted Extortion and Bribery

US V. SPARGO

(U.S. Dist. Ct., N.D. N.Y., Dec. 10, 2008) – Thomas Spargo, a former judge for New York’s Third Judicial District, was indicted on charges of attempted extortion and attempted bribery stemming from allegations that he solicited a $10,000 payment from an attorney with cases before him. Spargo was booted off the bench in 2006 for acts including: impermissibly participating in the 2000 Florida recount protests, soliciting campaign contributions from attorneys with cases before him, and paying politicians whose endorsements he sought

Posted On: December 11, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 8 & 11, 2008.

1. People v. Torain, 4746, 6001/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9485; 2008 N.Y. App. Div. LEXIS 9175, December 4, 2008, Decided, 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 (Bruce Allen, J.), ...

2. People v. Cromer, 4738, 4739, 5920/05, 3470/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9480; 2008 N.Y. App. Div. LEXIS 9188, December 4, 2008, Decided, 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 (Ruth Pickholz, J.), ...

3. People v. Mendez, 4745, 3837/05, 5375/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9484; 2008 N.Y. App. Div. LEXIS 9177, December 4, 2008, Decided, 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 (Ronald A. Zweibel, ...

4. People v. Glover, 2218, 11/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9474; 2008 N.Y. App. Div. LEXIS 9172, December 4, 2008, Decided, December 4, 2008, 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 (Budd G. Goodman, ...

5. People v. Brown, 4733, 4296/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9476; 2008 N.Y. App. Div. LEXIS 9168, December 4, 2008, Decided, December 4, 2008, 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 (Richard D. Carruthers, ...

6. People v. Danvers, 4244, 4703/05, 4245, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7745; 2008 N.Y. App. Div. LEXIS 9179, October 14, 2008, Decided, October 14, 2008, 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 ...
... Defendant-Appellant. The People of the State ...

7. People v. Slates, 4768, 967/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9649; 2008 N.Y. App. Div. LEXIS 9347, December 9, 2008, Decided, December 9, 2008, 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 (Richard D. Carruthers, ...

8. People v. Manrique, 4762, 1823/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9648; 2008 N.Y. App. Div. LEXIS 9342, December 9, 2008, Decided, December 9, 2008, 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 (Bonnie G. Wittner, ...

9. People v. Boyd, 4775, 4595N/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9654; 2008 N.Y. App. Div. LEXIS 9351, December 9, 2008, Decided, 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 (Laura A. Ward, ...

10. People v. Burton, 4755, 2597/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9643; 2008 N.Y. App. Div. LEXIS 9346, December 9, 2008, Decided, December 9, 2008, 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 (Bruce Allen, J.), ...

11. People v. DeJesus, 4774, 5002/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9653; 2008 N.Y. App. Div. LEXIS 9355, December 9, 2008, Decided, December 9, 2008, 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 (Robert Stolz, J.), ...

12. People v. Brown, 4748, 4361/06, 4749, 4361/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9642; 2008 N.Y. App. Div. LEXIS 9341, December 9, 2008, Decided, December 9, 2008, 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 ...
... Defendant-Appellant. The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

13. People v. Ballard, 4759, 4759A, 5158/06, 4624/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9647; 2008 N.Y. App. Div. LEXIS 9350, December 9, 2008, Decided, 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.

14. People v. Wood, 5263/05, 4054, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9658; 2008 N.Y. App. Div. LEXIS 9357, December 9, 2008, Decided, December 9, 2008, 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 ...
... appeals from a judgment of the Supreme Court, New York County (Edward J. McLaughlin, ...
Accordingly, the judgment of the Supreme Court, New York County (Edward J. McLaughlin, ...
... Squib inserted here: Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

15. People v. Stevenson, 4450, 5367/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8263; 55 A.D.3d 486; 2008 N.Y. App. Div. LEXIS 8063, October 30, 2008, Decided, October 30, 2008, 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 (Bruce Allen, J.), ...

16. People v. Reddick, 4445, 6323/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8259; 55 A.D.3d 483; 865 N.Y.S.2d 554; 2008 N.Y. App. Div. LEXIS 8044, October 30, 2008, Decided, October 30, 2008, 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 (James A. Yates, ... f the State ...
Judgments, Supreme Court, New York County (Lewis Bart Stone, ...
Appeals from judgments, Supreme Court, New York County (Gregory Carro, J. ...

Posted On: December 11, 2008

ALA: American Libraries Direct

An e-Newsletter of the American Library Association.

December 10, 2008

Libraries nix dissed Christmas displays

In separate incidents, the holiday-spirit sensibilities of library patrons have trumped tradition at the Oberlin (Ohio) Public Library and the University of North Carolina at Chapel Hill: The first library heeded public comment by removing an edgy Santa art exhibit and the second by axing its years-long practice of displaying a Christmas tree in the lobby....
American Libraries Online, Dec. 10

Is the economy affecting your technology needs?

ALA TechSource wants to know how the economic crisis is affecting your technology needs. Have you been unable to purchase up-to-date equipment? Are you unable to afford the bandwidth that you need? Have you found a way to stretch your budget that you think others should know about? If you have anything you’d like to share, email ALA TechSource....
ALA TechSource blog, Dec. 5

Privacy Revolution on Twitter

ALA’s Privacy Revolution initiative kicked off at the 2008 Annual Conference with one of the most blogged-about programs in Anaheim: the privacy panel featuring Cory Doctorow, Dan Roth, and Beth Givens. Now, the Privacy Revolution is getting ready to launch some exciting new steps. The best way for you to follow all of the action is via the Privacy Revolution Twitter feed. Answer the survey question: What is the biggest threat to privacy today? You do not need to join Twitter in order to vote....
OIF Blog, Dec. 8

Eliminating print won’t solve the problem

American Libraries Editor Leonard Kniffel writes: “‘I have this idea that I thought I would tell you,’ said the email message. ‘I am sure it’s not original, but with the economy and the whole environmental crisis, carbon footprint things going on, maybe ALA can finally have an option on their membership to not receive the magazine?’ Namely American Libraries. So began a December 3 posting to the ALA Council’s electronic list from Councilor Trevor A. Dawes.”...
AL Inside Scoop, Dec. 4

PLA offers budget and finance workshop

PLA is offering public librarians an opportunity to learn practical skills and knowledge that will help them better manage their libraries’ budgeting process. The Budget and Finance workshop, taught by Sandra Nelson, is scheduled for January 14–15 in Decatur, Georgia, and features an intensive, small-group environment. For the full course description, instructor biographies and registration information, visit the PLA website....

I Love My Librarian Award winners announced

Librarians in our nation’s 123,000 libraries make a difference in the lives of millions of Americans every day. On December 9, ten librarians were recognized for service to their communities, schools, and campuses as winners of the Carnegie Corporation of New York/New York Times I Love My Librarian Award at a ceremony and reception in New York City hosted by the New York Times. American Libraries Editor Leonard Kniffel writes: “AL Inside Scoop went backstage before the show to watch the winners prep for their speeches. They chatted nervously, words like ‘star treatment’ being bandied about.” More than 3,200 library users nationwide nominated a beloved librarian....
I Love Libraries; AL Inside Scoop, Dec. 9

Marshall Breeding awarded a Fulbright grant

Marshall Breeding, director for innovative technologies and research at Vanderbilt University, is spending three weeks in Córdoba, Argentina, in December as a Fulbright senior specialist. He is working with the Acuerdo de Bibliotecas Universitarias de Córdoba, a consortium of academic libraries, to assess their current state of automation and help them with service improvement and resource sharing....
Boletín Acuerdo de Bibliotecas Universitarias de Córdoba, no. 17 (Oct.)

Resolution could spell disaster for New Jersey libraries

Advocates for the Bayonne (N.J.) Public Library predict disaster if the legislature enacts a November 21 resolution by the New Jersey State League of Municipalities to slash funding for city libraries in half during fiscal year 2009. State law (enacted in 1944) requires municipalities with libraries set up by public referendum to dedicate one-third of a mill of each property-tax dollar to the library. The league wants that fixed amount cut in half, arguing that it “far exceeds the reasonable needs and requirements of the free public libraries.”...
Jersey City Jersey Journal, Dec. 8

U.S. Archivist Allen Weinstein resigns

On December 7, historian Allen Weinstein, Archivist of the United States, submitted his resignation to President Bush, effective December 19. Weinstein, who has Parkinson’s disease, cited health reasons for his decision. Deputy Archivist of the United States Adrienne Thomas will serve as acting Archivist until a new Archivist is appointed....
PRNewswire, Dec. 9

Top 10 consumer web apps of 2008

Sometimes it’s important to take a step back and realize that the apps to which we’ve grown incredibly accustomed are just barely beginning to register with the general public. This was a year in which two major events had worldwide impact on the Web. These events focused the world’s attention, had more consumers creating more online content, and had more people searching online for information than ever before: the Beijing Olympics and the U.S. Presidential elections. Many of these apps have those events to thank for their exposure and adoption....
ReadWriteWeb, Dec. 9

The best business books of 2008

To look back at the books produced in the beginning of 2008 is to glimpse a more innocent world, an Eden seemingly free of financial crisis and the impending gloom of 2009. But by spring the first of the bad-news reads had appeared. Regardless of the season, numerous valuable works were published in 2008, including a few that understood the sad shape of things to come. One of the best is former banker Charles R. Morris’s The Trillion Dollar Meltdown (PublicAffairs), which explains what happened and why in under 200 pages. It is being revised and retitled for paperback release as The Two Trillion Dollar Meltdown in February....
Business Week, Dec. 4

_____________________________

Click here to see this entire issue in html format.

Posted On: December 9, 2008

Illinois Governor Arrested: US v. Blagojevich

Findlaw Breaking Document: December 9, 2008.

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

Illinois Governor Arrested for Trying to Sell Obama's Senate Seat

US V. BLOGOJEVICH

(U.S. Dist. Ct., N.D. Ill., Dec. 9, 2008) – Illinois governor Rob Blagojevich and his Chief of Staff John Harris were arrested today on charges including an alleged scheme to sell the Senate seat of President Elect Barack Obama. In this criminal complaint, Blagojevich and Harris were charged with one count of conspiring to defraud the people of Illinois and one count of corruptly paying the recently bankrupt Tribune Company millions of dollars in financial assistance from the state of Illinois in exchange for firing Tribune editorial writers critical of Blagojevich.

Posted On: December 5, 2008

ABA Publication Announcement: The Electronic Evidence and Discovery - Forms, Checklists and Guidelines

By Sharon D. Nelson, Bruce A. Olson, and John W. Simek

E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. This title has been drafted in accordance with the new Amendments to the Federal Rules of Civil Procedure so you can be assured it's up to date. The accompanying CD-ROM features over 70 forms in Word format including...

Interrogatories - Basic to Advanced

Requests for Production -Basic to Advanced

Deposition Checklists

Sample Rule 30(b)6 Subpoena with E-Discovery Duces Tecum

Sample Motions to Compel

Sample Motions for Protective Orders

Sample Motions for Spoliation Sanctions

Electronic Evidence Protocol Agreements

Preservation and Spoliation Letters

And much more!

Also included is an extensive electronic evidence case digest with over 200 cases summarized! Written with a view toward simplifying the complexities of computer forensics, this is an essential resource for anyone who deals with electronic evidence and discovery.

Product Details:

©2006
7 X 10, 768 Pages Paperback with CD-Rom
Product Code: 5110569

Regular Price: $129.95
Section Member Price: $99.95

Posted On: December 5, 2008

ABA Criminal Justice Section Conference: Ethics: Politics and Public Corruption

The American Bar Association Criminal Justice Section and the Alabama State Bar Association Present

Ethics – Politics and Public Corruption

April 3, 2009 Ross Bridge Golf Resort and Spa, Birmingham, Alabama

On April 3, 2009 in Birmingham, Ala. the ABA Criminal Justice Section and the Alabama State Bar Association will address substantive and procedural issues surrounding public corruption during a one-day CLE program titled Ethics – Politics – and Public Corruption.

Click for the conference brochure abanet.org/crimjust/calendar/2009springconference.doc

The impact of public corruption extends far beyond the courthouse. The U.S. Government Accountability Office estimates that at least 10 percent of the funding for federal government programs is lost to public corruption and government fraud every year. The U.S. Department of Justice considers the investigation and prosecution of public corruption to be one of its top priorities, with recent investigations having resulted in charges and convictions of federal officials in all branches of government, as well as against numerous state and local officials.

The program – which will consist of four separate panels featuring journalists, judges, prosecutors, defense counsel and legal scholars – will discuss and provide practical direction of the boundaries between legitimate political activity and corruption and explore the impact of aggressive prosecutions on certain conduct; explore the role of prosecutors, defense lawyers and judges in the trial of public corruption cases; and consider the media's influence in such cases, and how the players -- prosecutors, defense lawyers and judges -- can best deal with the media within the bounds of law and ethics.

The event will take place at the stunning and majestic Renaissance Ross Bridge Golf Resort & Spa which features a Robert Trent Jones Golf Trail course highlighted by sweeping majestic views of the surrounding foothills as well as a lavish 12,000 square foot European spa, exclusively designed to ensure complete relaxation and tranquility.

Posted On: December 5, 2008

ABA Journal Weekly Newsletter

Week ending December 5, 2008

Top Ten Stories

Law Firms
Reed Smith Cuts 115 Support Staff, 11 Associates
Dec 3, 2008, 05:19 pm CST

Criminal Justice
Reports: Murdered NYC Lawyer Victim of Jealous Stalker
Dec 4, 2008, 10:34 am CST

Careers
Law Grad with LLM Lands Just One Job Interview from 300 Resumes
Dec 3, 2008, 09:29 am CST

Evidence
Things You Should Never Put in an E-mail
Dec 3, 2008, 12:37 pm CST

Law Practice Management
43% of Law Firm Leaders Surveyed Expect to Hire Fewer New Associates
Dec 1, 2008, 06:13 am CST

Law Firms
K&L Gates and Bell Boyd to Wed in Early '09
Dec 4, 2008, 01:45 pm CST

Lawyer Pay
Will Downturn Force Changes in Associate Compensation?
Dec 4, 2008, 08:37 am CST

Legal Ethics
Motion Seeks Recusal of 4 Ill. Justices Getting Corboy Campaign Cash
Dec 2, 2008, 01:13 pm CST

Law Firms
White & Case's Reorganization Detailed
Dec 2, 2008, 05:44 pm CST

Law Schools
USC Law School Considers Boosting Average Grade to B-Plus
Dec 3, 2008, 09:03 am CST


Posted On: December 4, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of December 4, 2008.

1. People v. De La Rosa, 4706, 3687N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9451; 2008 N.Y. App. Div. LEXIS 9100, December 2, 2008, Decided, 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 (Michael R. Ambrecht, ...

2. People v. Wilson, 4721, 1348/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9461; 2008 N.Y. App. Div. LEXIS 9110, December 2, 2008, Decided, December 2, 2008, 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 (Bonnie G. Wittner, ...

3. People v. Haynesworth, 4708, 4999/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9453; 2008 N.Y. App. Div. LEXIS 9089, December 2, 2008, Decided, 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 (Patricia Nunez, J.), ...

4. People v. Chisolm, 4712, 5397/06, 5398/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9456; 2008 N.Y. App. Div. LEXIS 9096, December 2, 2008, Decided, December 2, 2008, 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 ...
Judgments, Supreme Court, New York County (Maxwell Wiley, J. ...

5. People v. Taussi-Casucci, 4690, 6146/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9438; 2008 N.Y. App. Div. LEXIS 9107, December 2, 2008, Decided, December 2, 2008, 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 (Gregory Carro, J.), ...

6. People v. Howze, 4707, 5101/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9452; 2008 N.Y. App. Div. LEXIS 9098, December 2, 2008, Decided, December 2, 2008, 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 (A. Kirke Bartley, ...

7. People v. Santos, 4697, 4698, 6058/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9444; 2008 N.Y. App. Div. LEXIS 9093, December 2, 2008, Decided, December 2, 2008, 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 (Richard D. Carruthers, ...

8. People v. Batts, 4728, 1095/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9465; 2008 N.Y. App. Div. LEXIS 9091, December 2, 2008, Decided, 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 (Michael J. Obus, ...

9. People v. Ellison, 4716, 1730/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9458; 2008 N.Y. App. Div. LEXIS 9114, December 2, 2008, Decided, 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 (Carol Berkman, J.), ...

10. People v. Sunter, 4718, 2294/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9459; 2008 N.Y. App. Div. LEXIS 9119, December 2, 2008, Decided, December 2, 2008, 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 (Edwin Torres, J.), ...

11. People v. Trinidad, 4704, 4338/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9449; 2008 N.Y. App. Div. LEXIS 9113, December 2, 2008, Decided, December 2, 2008, 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 (Carol Berkman, J.), ...


Posted On: December 3, 2008

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals

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

ADMINISTRATIVE LAW, IMMIGRATION LAW
Diallo v. US Dept. of Justice, No. 073649
Petition for review of decision denying native citizen of Guinea asylum, withholding of removal, and relief under the Convention Against Torture (CAT), is granted where: 1) given the presence of errors in the Board of Immigration Appeals' decision as to issues that were properly exhausted and the plausibility of other newly claimed errors, remand to the BIA would not have been futile; and 2) there were sufficient exhausted flaws in the reasoning of the Immigration Judge's adverse credibility determination to warrant a remand, and the court could not confidently predict the same outcome if there were further agency reconsideration. Read more...

CIVIL PROCEDURE, CLASS ACTIONS, GOVERNMENT LAW, INSURANCE LAW
Shady Grove Orthopedic Assoc. v. Allstate Ins. Co., No. 070141
In a class action claim for statutory penalties under section 5106(a) of New York insurance law against defendant-Allstate Insurance Company, grant of motion to dismiss is affirmed where: 1) section 901(b) of the New York Civil Practice Law and Rules may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under state law; and 2) section 5016(a) did not fall within the exception clause of section 901(b).

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INTERNATIONAL LAW
In re Terrorist Bombings of U.S. Embassies in East Africa (Fifth Amendment Challenges), No. 011535, 011550, 011553, 011571, 056149, 056704
Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed where: 1) the inculpatory statements of defendants that were obtained overseas by U.S. agents were properly admitted at trial; 2) the district court did not violate defendant's Sixth Amendment right to counsel by permitting him to withdraw his initial suppression motion on religious grounds; 3) on a motion to reopen a suppression hearing, there was no bright-line rule that necessarily and invariably required the government to provide a reasonable justification for its failure to offer relevant evidence at an earlier suppression proceeding; and 4) the district court did not abuse its discretion by reopening a suppression hearing at the government's request, notwithstanding the government's failure to provide a reasonable justification for not offering the evidence at an earlier proceeding because no such justification was required in all cases. .


CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW, SENTENCING
In reTerrorist Bombings of U.S. Embassies in East Africa, No. 011535, 011550, 011553, 011571, 056149, 056704
Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed and remanded for re-sentencing where: 1) the indictment was sufficient to support a conviction of a capital offense; 2) sufficient evidence supported the convictions; 3) the District Court's application of the Classified Information Procedures Act did not violate the Constitution; 4) a severance motion was properly denied; 5) statements of co-defendants, co-conspirators, and certain third parties were properly admitted at trial; 6) the government withheld exculpatory evidence; 7) there was no merit in co-defendant's suggestion that "cumulative error" deprived him of a fair trial; and 8) the application of certain enhancements to co-defendant's sentencing guidelines calculation was not in error. Insofar as co-defendant's sentence resulted from the mandatory application of the U.S. Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. Fagans, 406 F.3d 138 (2d Cir. 2005).

CIVIL PROCEDURE, DISPUTE RESOLUTION & ARBITRATION, INSURANCE LAW
Life Receivables Trust v. Syndicate 102 at Lloyd's of London, No. 071197
In a matter concerning life insurance, grant of defendant's motion to enforce a subpoena issued by by arbitration panel is reversed where section 7 of the Federal Arbitration Act does not enable arbitrators to issue pre-hearing document subpoenas to entities not parties to the arbitration proceedings

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, MEDIA LAW
Associated Press v. U.S. Dep't of Justice, No. 071384
In a matter brought by Associated Press for denial of request for any petitions seeking to reduce a twenty-two year prison sentence of John Walker Lindh, convicted of aiding the Taliban in Afghanistan, dismissal of plaintiff's complaint under the Freedom of Information Act and grant of summary judgment in favor of defendant are affirmed where: 1) a significant privacy interest is implicated in release of Lindh's petition; 2) plaintiff failed to show that release of the information would shed light on the workings of government; and thus 3) district court did not err in holding the petition exempt from disclosure under FOIA Exemptions 6 and 7(C).

Posted On: December 3, 2008

Findlaw Case Summaries: New York State Court of Appeals

November 25 and December 2, 2008.

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

CONTRACTS, ETHICS & PROFESSIONAL RESPONSIBILITY, PROPERTY LAW & REAL ESTATE
Moran v. Erk, No. 176
Where a real estate contract contains an attorney approval contingency providing that the contract is "subject to" or "contingent upon" attorney approval within a specified time period and no further limitations on approval appear in the contract's language, an attorney for either party may timely disapprove the contract for any reason or for no stated reason. Judgment for plaintiffs is reversed.

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Hawkins, No. 175
In consolidated but otherwise unrelated criminal appeals, both convictions are affirmed where defendants did not properly preserve for appellate their challenges to the legal sufficiency of the evidence.

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Jean-Baptiste, No. 174
Reduction of conviction to manslaughter in the second degree is affirmed where, because the Appellate Division properly applied the present standard for depraved indifference murder, the evidence introduced at trial was not legally sufficient to establish defendant's guilt of depraved indifference murder.

CRIMINAL LAW & PROCEDURE
People v. Castellano, No. 173
Order affirmed where defendant's argument that the evidence presented at trial was insufficient to support his conviction for depraved indifference murder is unpreserved for this Court's review.

CRIMINAL LAW & PROCEDURE
People v. George, No. 172
Order of the Appellate Division should be affirmed, where contrary to the People's contention, defendant properly preserved for our review his challenge to the legal sufficiency of his depraved indifference murder conviction.

INSURANCE LAW, PROFESSIONAL MALPRACTICE
Continental Casualty Co. v. Stradford, No. 180
In an action to determine whether plaintiff-insurer timely disclaimed coverage in defense of two dental malpractice actions on the basis of defendant's non-cooperation, grant of summary judgment to defendants is reversed where issues of fact remain with respect to the timeliness of plaintiff's disclaimer.

ADMINISTRATIVE LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Matter of P'ship 92 LP v. State of New York Div. of Hous. & Cmty. Renewal, No. 221 SSM 38
Order of appellate division is affirmed where: 1) by its terms, the Rent Regulation Reform Act of 1997 applied to any proceeding that was pending before the Division of Housing and Community Renewal at the time of its enactment, as this case was; and 2) there was ample basis on the record for the conclusion that, in arguing for a higher base rent, the owner had relied on an illusory tenancy.

ATTORNEY'S FEES, CONTRACTS, ETHICS & PROFESSIONAL RESPONSIBILITY, INJURY AND TORT LAW
Lawrence v. Graubard Miller, No. 76
In a suit arising from legal proceedings surrounding the administration of an estate, denial of a motion to dismiss a law firm's petition seeking to compel the payment of legal fees is affirmed where the question of whether the retainer agreement at issue was unenforceable on the basis of unconscionability, either at the time it was entered into or in retrospect, was a factual one that could not be answered at the pre-answer motion stage

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Giles, No. 181
Conviction for burglary and possession of stolen property is affirmed in part and reversed in part where evidence of defendant's commission of prior uncharged burglaries was prejudicial as to the burglary count and required a limiting instruction.

CRIMINAL LAW & PROCEDURE
Matter of Rivera v. Firetog, No. 178
In a CPLR article 78 proceeding seeking to bar a retrial for murder on double jeopardy grounds, petition is dismissed where the trial court appropriately declared a mistrial based on the jury's deadlock after exploring alternatives, and retrial of defendant would not implicate double jeopardy.

INJURY AND TORT LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Kopsachilis v. 130 East 18 Owners Corp., No. 177
In a negligence action alleging that the owners of an apartment building failed to light a stairwell during a blackout, denial of defendants' motion for summary judgment is reversed where the statutory requirement that lights in fire-stairs be kept burning continuously was not a strict-liability offense, and defendants could assert a "knowledge and consent" defense contained within the statute.

CRIMINAL LAW & PROCEDURE
People v. MacShane, No. 220 SSM 40
Order of the Appellate Term is affirmed where defendant failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 US 79 [1986]).

CRIMINAL LAW & PROCEDURE
People v. Naradzay, No. 188
Convictions for attempted murder in the second degree, attempted burglary in the first degree, and criminal possession of a weapon in the fourth degree are all affirmed over defendant's challenges to the legal sufficiency of the proof supporting his attempted burglary and murder convictions. ..

CRIMINAL LAW & PROCEDURE
People v. Johnson, No. 166
In a child pornography case, the court's application of the Board of Examiners of Sex Offenders risk Factor 7, indicating an increased level of risk when a crime "was directed at a stranger," is affirmed over defendant's claim that Factor 7 be interpreted in a way that makes it inapplicable to his case, where the factor's plain language precludes such a result.

LABOR & EMPLOYMENT LAW
Helmsley-Spear, Inc. v. Fishman, No. 164
In a nuisance action brought by managers of the Empire State Building against a union that was loudly picketing and drumming outside the property, the private nuisance cause of action is not preempted by the National Labor Relations Act (NLRA), as loud drumming is not an "integral part of the legislative scheme" of the NLRA. Matter remanded for consideration of issues raised but not determined

ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW
In the Matter of Gormley v. New York State Ethics Commission, No. 162
Imposition of a civil penalty under Public Officers Law section 73(18) does not require the New York State Ethics Commission to prove that petitioner knew the conduct was prohibited and acted intentionally to violate the statute. Read more...

CIVIL PROCEDURE
Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc., No. 171
Order denying plaintiffs' motion to confirm a special referee's report, which recommended that defendant be compelled to produce a non-U.S. resident for oral deposition in New York and testimony and documents relating to a foreign arbitration in which defendant is not a party, is affirmed where evidence did not support the special referee's recommendation


Posted On: December 3, 2008

Financial Business Plan Documents Submitted by Ford, Chrysler, and General Motors to Congress

The following are among the financial planning documents which have been submitted to the U.S. Congress by automakers Ford, Chrysler, and General Motors as requested:

FORD:

Ford Motor Company Business Plan as Submitted to the Senate Banking Committee on December 2, 2008

Ford Motor Company Business Plan Appendix as Submitted to the House Financial Services Committee on December 2, 2008

CHRYSLER:

The following financial planning documents were submitted on December 2, 2008 by Chrysler LLC but are not available for posting:

Chrysler LLC Business Plan submitted to Congress on December 2, 2008.

Chrysler LLC Fact Sheet Related to the Business Plan Submitted to Congress on December 2, 2008.

Letter from Chrysler Chairman Bob Nardelli to House Services Chairman Barney Frank and Ranking Member Spencer Bachus


GENERAL MOTORS:

General Motors Corporation Business Plan as Submitted to the House Financial Services Committee on December 2, 2008


Posted On: December 2, 2008

Plum Book: United States Government Policy and Supporting Positions

The United States Government Policy and Supporting Positions, commonly known as the plum book is published every four years just after the Presidential elections. It is publisned, alternately, by the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Government Reform.

Below is a list of major categories of positions discussed and the Table of Contents:

MAJOR CATEGORIES:

• Executive Schedule and salary-equivalent positions paid at the rates
established for levels I through V of the Executive Schedule;

• Senior Executive Service (SES) ‘‘General’’ positions;

• Senior Foreign Service positions;

• Schedule C positions excepted from the competitive service by the President,
or by the Director, Office of Personnel Management, because of the confidential or policy-determining nature of the position duties;

• Other positions at the GS–14 and above level excepted from the competitive
civil service by law because of the confidential or policy-determining
nature of the position duties.

See Appendix 2 for more details on SES appointments and Appendix
3 for more details on Schedule C appointments. Additional information
on the positions listed and the Federal salary schedules under which they
are paid is provided in the appendices. The Legend on the following page
shows the codes and acronyms used in this publication.

TABLE OF CONTENTS

Page
FOREWORD ........................................................
LEGEND .............................................................
LEGISLATIVE BRANCH
Architect of the Capitol .........................................
Government Accountability Office ..........................
Government Printing Office ....................................
Library of Congress ..............................................
United States Tax Court .......................................
EXECUTIVE BRANCH
Executive Office of the President ............................
White House Office ............................................
Office of Policy Development ................................
Office of Administration ........................................
Office of Management and Budget .........................
Council of Economic Advisors ...............................
Council on Environmental Quality ..........................
Office of the U.S. Trade Representative ..................
Office of Science and Technology Policy ................
Office of National Drug Control Policy ....................
National Security Council .......................................
DEPARTMENTS
Department of Agriculture ............................................
Department of Commerce ...........................................
Department of Defense ..............................................
Office of the Secretary ...............................................
Air Force ...................................................................
Army .........................................................................
Navy ..........................................................................
Department of Education .............................................
Department of Energy ..................................................
Department of Health and Human Services ..................
Department of Homeland Security ..............................
Department of Housing and Urban Development .........
Department of the Interior ..............................................
Department of Justice ....................................................
Department of Labor .......................................................
Department of State ........................................................
Department of Transportation .........................................
Department of the Treasury ............................................
Department of Veterans Affairs ......................................
INDEPENDENT AGENCIES AND GOVERNMENT CORPORATIONS
Advisory Council on Historic Preservation .....................
American Battle Monuments Commission .....................
Appalachian Regional Commission .................................
Architectural and Transportation Barriers Compliance
Arctic Research
Board (United States Access Board).
Barry Goldwater Scholarship and Excellence In Education
Foundation .........................................................
Broadcasting Board of Governors ................................
Central Intelligence Agency ......................................
Chemical Safety and Hazard Investigation Board ........
Christopher Columbus Fellowship Foundation ..............
Commission on Civil Rights ..........................................
Commission of Fine Arts ................................................
Committee for Purchase from People Who are Blind
or Severely Disabled .................................................
Commodity Futures Trading Commission .................
Consumer Product Safety Commission ........................
Corporation for National and Community Service ......
Court Services and Offender Supervision Agency for
the District of Columbia ...........................................
Defense Nuclear Facilities Safety Board ....................
Delta Regional Authority .............................................
Environmental Protection Agency .............................
Equal Employment Opportunity Commission .............
Export-Import Bank of the United States ....................
Farm Credit Administration ......................................
Page
Federal Communications Commission .....................
Federal Deposit Insurance Corporation ......................
Federal Election Commission ..................................
Federal Energy Regulatory Commission ...................
Federal Housing Finance Board ................................
Federal Labor Relations Authority ............................
Federal Maritime Commission ..................................
Federal Mediation and Conciliation Service .................
Federal Mine Safety and Health Review Commission ..
Federal Reserve System ..........................................
Federal Retirement Thrift Investment Board ................
Federal Trade Commission .........................................
General Services Administration ................................
Harry S Truman Scholarship Foundation ....................
Interagency Council on the Homeless ........................
Inter-American Foundation ........................................
International Boundary and Water Commission ...........
Interstate Commission on the Potomac River Basin .....
James Madison Memorial Fellowship Foundation ........
Japan-United States Friendship Commission ................
Marine Mammal Commission .....................................
Medicare Payment Advisory Commission ...................
Merit Systems Protection Board ................................
Millennium Challenge Corporation .............................
National Aeronautics and Space Administration .........
National Archives and Records Administration ...........
National Capital Planning Commission .......................
National Council on Disability ....................................
National Credit Union Administration ........................
National Foundation on the Arts and Humanities ........
Institute of Museum Services ...................................
National Endowment for the Arts ............................
National Endowment for the Humanities ...............
National Labor Relations Board ..................................
National Mediation Board ............................................
National Science Foundation .......................................
National Transportation Safety Board ...........................
Nuclear Regulatory Commission .................................
Nuclear Waste Technical Review Board ........................
Occupational Safety and Health Review Commission ...
Office of Government Ethics .........................................
Office of the Federal Coordinator Alaska Natural Gas
Transportation Projects ..............................................
Office of Navajo and Hopi Indian Relocation .................
Office of Personnel Management .................................
Office of Special Counsel ............................................
Overseas Private Investment Corporation .....................
Peace Corps .............................................................
Pension Benefit Guaranty Corporation ..........................
Postal Regulatory Commission ...................................
President’s Commission on White House Fellowships ..
Presidio Trust ..........................................................
Railroad Retirement Board ........................................
Securities and Exchange Commission ......................
Selective Service System ..........................................
Small Business Administration ...................................
Smithsonian Institution ................................................
Social Security Administration ...................................
Tennessee Valley Authority ........................................
Trade and Development Agency ..................................
United States Agency for International Development ...
United States - China Economic and Security Review
Commission ...................................................................
United States Commission on International Religious
Freedom ................................................................
United States Election Assistance Commission .........
United States Holocaust Memorial Council ................
United States Institute of Peace ................................
United States International Trade Commission ............
United States Postal Service .....................................
Utah Reclamation Mitigation and Conservation Commission
...........................................................................
Vietnam Education Foundation ....................................
VerDate Aug 31 2005 09:14 Nov 06, 2008 Jkt 040210 PO 00000 Frm 00009 Fmt 1653 Sfmt 1653 E:\HR\OC\C210PL.XXX

APPENDIXES
1. Summary of Positions Subject to Noncompetitive
Appointment ................................................................
Page
2. Senior Executive Service ...........................................
3. Schedule C Positions ................................................
4. Federal Salary Schedules for 2008 .............................
5. Office of the Vice President ........................................

Posted On: December 1, 2008

Findlaw Case Summaries: Constitutional Law November 24 - 28, 2008

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U.S. 1st Circuit Court of Appeals, November 26, 2008
Estate of Bennett, No. 072169
In a suit against defendant-police officers for the shooting death of decedent following gunfire initiated by decedent, judgment in favor of defendants is affirmed where: 1) the district court properly granted defendant-officer's motion to dismiss where the estate failed to show a deprivation of a protected interest in life, liberty, or property; 2) the district court did not err in dismissal by judgment on the pleadings because plaintiff-estate did not meet its pleading requirements, plaintiff-estate waived its equal protection claim, and there was no property interest that was allegedly taken to support the takings claim; and 3) grant of summary judgment in favor of defendants was proper.

U.S. 2nd Circuit Court of Appeals, November 24, 2008
In reTerrorist Bombings of U.S. Embassies in East Africa, No. 011535, 011550, 011553, 011571, 056149, 056704
Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed and remanded for re-sentencing where: 1) the indictment was sufficient to support a conviction of a capital offense; 2) sufficient evidence supported the convictions; 3) the District Court's application of the Classified Information Procedures Act did not violate the Constitution; 4) a severance motion was properly denied; 5) statements of co-defendants, co-conspirators, and certain third parties were properly admitted at trial; 6) the government withheld exculpatory evidence; 7) there was no merit in co-defendant's suggestion that "cumulative error" deprived him of a fair trial; and 8) the application of certain enhancements to co-defendant's sentencing guidelines calculation was not in error. Insofar as co-defendant's! sentence resulted from the mandatory application of the U.S. Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. Fagans, 406 F.3d 138 (2d Cir. 2005). R

U.S. 3rd Circuit Court of Appeals, November 26, 2008
Cooper v. S.E. Pennsylvania Transp. Auth., No. 07-1522
In a collective action under the Fair Labor Standards Act, alleging defendant undercompensates its bus drivers by failing to fully account for their performance of required pre-trip safety inspections, denial of summary judgment to defendant is affirmed where defendant is not entitled to sovereign immunity under the Eleventh Amendment, even in light of subsequent changes in Eleventh Amendment jurisprudence and in defendant's state funding formula.

U.S. 5th Circuit Court of Appeals, November 24, 2008
Walker v. Epps, No. 0860652
In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. Garcia, the statute of limitations apply with equal force to section 1983 method-of-execution action; 2) the limitations period begins to accrue on the date direct review of a plaintiff’s conviction and sentence is complete; 3) the district court correctly found that the statute of limitations has run for each of the three remaining plaintiffs; and 4) there was no reason to hold that the statute of limitations has been tolled.

U.S. 6th Circuit Court of Appeals, November 24, 2008
Smith v. Jefferson County School Bd. of Comm'rs, No. 066533
In claim by former principal and teachers alleging that closing of county's public alternative school and violated First Amendment Establishment Clause rights and Fourteenth Amendment rights, grant of summary judgment in favor of defendant county school board is reversed in part, affirmed in part, and remanded where: 1) there was genuine issue of material fact as to whether the Board violated the Establishment Clause; 2) the Board did not violate the teachers' procedural and substantive due-process rights; and 3) individual Board members are entitled to legislative immunity.

U.S. 6th Circuit Court of Appeals, November 24, 2008
Molina-Crespo v. US Merit Sys. Prot. Bd. , No. 073745
In a claim for violation of the Hatch Act which prohibits state or local officer or employee from being a candidate for elective office, grant of summary judgment in favor of defendant-Merit Systems Protection Board is affirmed over claims that: 1) the district court erred in concluding that Board did not abuse its discretion in determining that plaintiff's violation of the Hatch Act, regulating the political activity of state employees who administer federal funds, warranted his removal; and 2) the district court erred in rejecting plaintiff's challenges to the constitutionality of the Hatch Act, including attacks based on equal protection, due process, and the First Amendment.

U.S. 6th Circuit Court of Appeals, November 24, 2008
O'Bryan v. Holy See , No. 075078, 075163
In a class action suit against defendant-Holy See for claims of sexual abuse by Roman Catholic clergy, partial grant of defendant's motion to dismiss is affirmed where: 1) plaintiffs' response to the defendant's First Amendment challenges could not preserve plaintiffs' own Establishment Clause claim; 2) plaintiffs waived their constitutional challenges to the Foreign Sovereign Immunities Act (FSIA); 3) the district court correctly applied the FSIA's burden shifting process; 4) the portions of plaintiffs' claims that were based upon the conduct of bishops, archbishops and Holy See personnel while supervising allegedly abusive clergy satisfied all four requirements of the tortious act exception; 5) plaintiffs' claims of violation of customary international law of human rights, negligence, and breach of fiduciary duty should not be dismissed for 'arising out of...misrepresentation [or] deceit'; and 6) the last two claims advanced by plaintiffs were dismissed for arising out of! misrepresentation or deceit.

U.S. 6th Circuit Court of Appeals, November 26, 2008
League of Women Voters of Ohio v. Brunner, No. 063335, 063483, 063621
In a claim by plaintiff-voting rights organizations claiming that state voting system was deficient and alleging violations of equal protection, substantive due process, procedural due process and the Help America Vote Act of 2002 (HAVA), decision dismissing the HAVA claim but allowing parties to proceed on the constitutional claims is affirmed in part and reversed in part where: 1) plaintiffs and intervenor pled sufficient facts to survive a motion to dismiss with respect to their equal protection and substantive due process claims; however 2) plaintiffs did not allege facts that would establish a violation of procedural due process, if proven.

U.S. 7th Circuit Court of Appeals, November 25, 2008
Houskins v. Sheahan, No. 06-2283, 06-2549 and 06-2575
In a civil rights action under 42 U.S.C. section 1983, judgment against a county is reversed where: 1) the defendant's failure to include the issue of protected speech in the final pre-trial order is not fatal to its claims on appeal; 2) speech made pursuant to an official's duties as an employee is not protected under the First Amendment; and 3) claims that a county has a policy of retaliation and selective discipline fails when the plaintiff fails to establish a deprivation of a constitutional right.

U.S. 9th Circuit Court of Appeals, November 25, 2008
Equity Lifestyle Props., Inc. v. County of San Luis Obispo, No. 05-55406
In an action involving a municipal rent control ordinance, the district court's order dismissing the plaintiff's complaint is affirmed where: 1) the complaint contained no claim upon which relief could be granted, because its as-applied takings claim was unripe; 2) its facial claims failed to satisfy the applicable statute of limitations; 3) its due process and equal protection claims lacked merit under the U.S. Constitution; 4) the principles of abstention justify the district court's dismissal of the petition for a writ of administrative mandamus; and 5) the appellate court declines to disturb the state trial court's subsequent decision denying the writ.

U.S. 10th Circuit Court of Appeals, November 26, 2008
Pointdexter v. The Bd. of County Comm'rs of the County of Sequoyah, No. 07-7074
In an action involving First Amendment rights of political association and speech, summary judgment for the defendants is affirmed where: 1) the office of Road Foreman has significant political dimension and sufficient discretionary authority that the County Commissioner, for whom the Foreman works, may properly take political loyalty into account; and 2) there was insufficient evidence to go to jury on the free speech claim.

Posted On: December 1, 2008

Findlaw Case Summaries: Criminal Law and Procedure November 24 - 28, 2008

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U.S. 1st Circuit Court of Appeals, November 24, 2008
US v. Acosta-Roman, No. 071238, 071239
Appeal from sentence of three concurrent fifty-seven month sentences for three money laundering counts is dismissed where: 1) defendant's waiver was both valid and enforceable as an enhacement issue; and 2) appellate consideration of that issue, on the merits, was barred.

U.S. 1st Circuit Court of Appeals, November 26, 2008
US v. Marek, No. 072437
Conviction for corruptly endeavoring to obstruct or impede the due administration of the Internal Revenue Code is affirmed where: 1) the inference that defendant knew about the audit was supported by the record; and 2) viewed in the light most favorable to the government, defendant's conviction was supported by sufficient evidence to support a finding that defendant was guilty of the offense. .

U.S. 1st Circuit Court of Appeals, November 26, 2008
US v. Parker, No. 072776
Conviction and sentence for conspiring to distribute cocaine, possession with intent to distribute cocaine, and for possession of a firearm in furtherance of a crime of drug trafficking are affirmed over claims of error that: 1) requiring defendant to leave the hotel room was a seizure in a violation of the Fourth Amendment; 2) failure to give Miranda warnings prior to interrogation was unlawful; 3) the search warrant was impermissibly broad; and 4) defendant should not have received a consecutive five year mandatory minimum for carrying or using the gun because the applicable statute contained a qualifier that applied to him.

U.S. 2nd Circuit Court of Appeals, November 24, 2008
In reTerrorist Bombings of U.S. Embassies in East Africa, No. 011535, 011550, 011553, 011571, 056149, 056704
Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed and remanded for re-sentencing where: 1) the indictment was sufficient to support a conviction of a capital offense; 2) sufficient evidence supported the convictions; 3) the District Court's application of the Classified Information Procedures Act did not violate the Constitution; 4) a severance motion was properly denied; 5) statements of co-defendants, co-conspirators, and certain third parties were properly admitted at trial; 6) the government withheld exculpatory evidence; 7) there was no merit in co-defendant's suggestion that "cumulative error" deprived him of a fair trial; and 8) the application of certain enhancements to co-defendant's sentencing guidelines calculation was not in error. Insofar as co-defendant's! sentence resulted from the mandatory application of the U.S. Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. Fagans, 406 F.3d 138 (2d Cir. 2005).

U.S. 3rd Circuit Court of Appeals, November 26, 2008
Mehboob v. Attorney Gen. of the US, No. 07-1799
Petition for review of a BIA order of removability is denied where petitioner's conviction for indecent assault under 18 Pa. Cons. Stat. section 3126(a)(8), a strict liability offense, is a crime involving moral turpitude because the offense combines a reprehensible act with deliberate conduct.

U.S. 4th Circuit Court of Appeals, November 21, 2008
US v. Goforth, No. 084291
Denial of motion to review a detention order pending sentencing for violations of the Controlled Substances Act is vacated and remanded where: 1) there was no basis for concluding that Congress intended to alter the plain and unambiguous statutory definition of "judicial officer"; 2) the district judges were "judicial officers" within the language of section 3145(c) and 3156(a)(1); and 3) as a "judicial officer", the district judge was authorized to release defendants under section 2145(c) when "exceptional reasons" existed.

U.S. 5th Circuit Court of Appeals, November 24, 2008
Walker v. Epps, No. 0860652
In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. Garcia, the statute of limitations apply with equal force to section 1983 method-of-execution action; 2) the limitations period begins to accrue on the date direct review of a plaintiff’s conviction and sentence is complete; 3) the district court correctly found that the statute of limitations has run for each of the three remaining plaintiffs; and 4) there was no reason to hold that the statute of limitations has been tolled.

U.S. 6th Circuit Court of Appeals, November 24, 2008
US v. Presley, No. 071147
Sentence for 120 months of incarceration for various counts arising from a drug and money-laundering conspiracy is affirmed over claim from the government that the district court erred in reducing defendant's sentence based on a sentencing disparity, because defendants were not similarly situated on remand. .

U.S. 6th Circuit Court of Appeals, November 24, 2008
US v. Robinson , No. 075474
Conviction and sentence for conspiracy to distribute cocaine is affirmed over claims of error that: 1) the district court erroneously instructed the jury to determine the quantity of cocaine "involved in the conspiracy" instead of the quantity individually attributable to defendant; 2) the district court failed to charge a violation of 21 U.S.C. section 841(b)(1)(C) as a lesser-included offense; 3) the evidence was insufficient to prove defendant's participation in a conspiracy; and 4) there was a prejudicial variance between the indictment and the proof at trial. .

U.S. 6th Circuit Court of Appeals, November 25, 2008
Klein v. Leis, No. 063949, 063950, 064039
In a grand jury indictment for offenses including aggravated burglary, kidnaping, receiving stolen property, and having a weapon while under a disability, denial of writ of habeas corpus based on an alleged double jeapordy violation is affirmed where: 1) the trial judge exercise the requisite "sound discretion"; and 2) the trial judge did not contrary to Supreme Court precedent when he delcared a mistrial.

U.S. 6th Circuit Court of Appeals, November 25, 2008
US v. Stephens, No. 071907
Conviction and sentence for drug-related crimes are affirmed in part, vacated in part, and remanded where: 1) even if the prior conviction was not admissible to show intent or for any other proper Rule 404(b) purpose, and despite the district court's imprecision in dealing with the prior bad-acts evidence, any error related to the evidence did not warrant the reversal of defendant's conviction; and 2) because a more thorough response to defendant's arguments regarding his sentence was required, defendant's sentence is vacated and remanded for resentencing.

U.S. 6th Circuit Court of Appeals, November 25, 2008
Avery v. Prelesnik, No. 072522
In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. Washington standard was unreasonable.

U.S. 6th Circuit Court of Appeals, November 25, 2008
US v. McCauley, No. 073935
In grand jury indictment for possession of a firearm by a felon and possession of cocaine, denial of defendant's motion to suppress evidence is affirmed where: 1) the district court did not err in finding that reasonable suspicion existed such that defendant's Fourth Amendment rights were not violated; 2) the district court correctly held that defendant's residence and vehicle were searched pursuant to the valid consent of his wife, rendering the search constitutional; and 3) based on clearly established precedent and the language of the Armed Career Criminals Act (ACCA), defendant's prior offenses clearly subject him to sentencing under the ACCA. .

U.S. 6th Circuit Court of Appeals, November 26, 2008
Doan v. Carter, No. 073516
In a conviction for kidnapping and murder, denial of petition for habeas corpus is affirmed where: 1) the witnesses to which the undisclosed evidence pertained had already been impeached by the defense; 2) much of the evidence was just as inculpatory as exculpatory; 3) the cumulative effect of the evidence indicated that the undisclosed evidence was not material; and 4) petitioner did not show there was a "reasonable probability that, had the evidence been disclosed to the defense, the result of the proceedings would have been different".

U.S. 6th Circuit Court of Appeals, November 26, 2008
US v. Gilpatrick, No. 075653
Sentence of 108 months for conspiring to deprive another of his civil rights and depriving another of his civil rights is affirmed where district courts retained the power to impose a community-confinement condition to supervised release during the period between the enactment of the Mandatory Victims Restitution Act of 1996 and the October 2008 amendments.

U.S. 7th Circuit Court of Appeals, November 24, 2008
US v. Tatum, No. 07-3015
In a criminal case involving various drug and weapons charges, conviction is affirmed where the district court did not abuse its discretion by admitting evidence recovered during booking: 1) as the government laid a proper foundation and; 2) any gaps in the chain of custody were minimal.

U.S. 7th Circuit Court of Appeals, November 24, 2008
US v. Singleton, No. 07-3399
In an appeal from a conviction of distributing five or more grams of crack cocaine, the district court's sentence is reversed and remanded to allow the district court to decide whether to resentence the defendant in light of the Supreme Court's Kimbrough v. US, 128 S. Ct. 558 (2007), where the court held that a district court judge can take the crack/cocaine powder disparity into consideration in deciding whether to impose a below-guidelines sentence. .

U.S. 7th Circuit Court of Appeals, November 24, 2008
US v. Carmel, No. 07-3906
In a criminal case involving the possession of an unregistered machine gun, motion to dismiss is affirmed where: 1) the state search warrant was supported by probable cause; 2) the district court did not err in denying the motion for a Franks hearing as the existence of an intentional or reckless omission from the accompanying affidavit and statement was not shown; and 3) 18 U.S.C. section 922(o) is reconcilable with 26 U.S.C. section 5861(d)...

U.S. 8th Circuit Court of Appeals, November 24, 2008
US v. Henson, No. 071993
Sentence of 84 months in prison for unlawful possession of a firearm as a previously convicted felon is affirmed where the government has met its burden to show that the district court's procedural error did not substantially influence the outcome of the sentencing proceeding. .

U.S. 8th Circuit Court of Appeals, November 24, 2008
US v. Perry, No. 073732
Conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) defendant failed to show there was a policy limiting admission to a Veteran of Foreign Wars hall to members only, that he was entitled to be present under that policy, and that the policy was strictly and consistently enforced in the past; 2) defendant's failure to demonstrate an objectively reasonable expectation of privacy deprived him of standing to challenge the search; and 3) the district court did not err in denying defendant's motion to suppress.

U.S. 8th Circuit Court of Appeals, November 24, 2008
US v. Magana-Aguirre, No. 081985
Sentence of 188 months' imprisonment, five years of supervised release, and a fine of $10,000 for knowingly possessing with intent to distribute methamphetamine is affirmed where: 1) the district court's comments at sentencing adequately demonstrated that the district court was aware of its ability to vary from the advisory sentencing guidelines range; and 2) the district court committed no significant procedural error and that the sentence imposed is not unreasonable.

U.S. 8th Circuit Court of Appeals, November 26, 2008
US v. Spotted Elk, No. 071914
Conviction for multiple drug and gun crimes in connection with the operation of a drug trafficking business on the state Pine Ridge Oglala Sioux Reservation is affirmed in all respects except is reversed and remanded where: 1) the indictment in Count VI was misleading as it suggested that receiving as well as giving a gun in exchange would constitute "use" of a gun in connection with the drug transaction; and 2) the district court's findings regarding the amount of drugs for which co-defendant was responsible at sentencing were based on a legally erroneous interpretation of section 1B1.3 and because the evidence could well have supported a different finding had the district court applied the correct rule the case is remanded for resentencing.

U.S. 9th Circuit Court of Appeals, November 26, 2008
US v. Blixt, No. 07-30198
In an appeal from a jury conviction and sentence for mail fraud under 18 U.S.C. section 1341 and aggravated identity theft under 18 U.S.C. section 1028A, motion to dismiss, motion for acquittal, proposed jury instructions relating to the aggravated identity theft count, and sentence are affirmed where: 1) forging another's signature constitutes the use of that person's name and thus qualifies as a "means of identification" under 18 U.S.C. section 1028A; 2) steps taken in furtherance of a fraudulent purpose are material; 3) the jury instructions provided the jury with adequate and accurate guidance to determine the issues of mail fraud and/or aggravated identity theft; 4) the district court properly considered the defendant's non-conviction conduct in determining her sentence; and 5) the sentence imposed was reasonable. .

U.S. 9th Circuit Court of Appeals, November 26, 2008
US v. Weyhrauch, No. 07-30339
In a matter of first impression, the pretrial order excluding evidence from a mail fraud prosecution is reversed and remanded in an interlocutory appeal by the government where: 1) 18 U.S.C. section 1346 establishes a uniform standard for "honest services" that governs every public official; and 2) the government does not need to prove an independent violation of state law to sustain an honest services fraud conviction.

U.S. 10th Circuit Court of Appeals, November 24, 2008
Sandoval v. Ulibarri, No. 07-2082
In a federal habeas petition, the district court's denial of a state prisoner's petition is affirmed where: 1) counsel's failure to investigate evidence and the petitioner's inability to use this evidence was highly unlikely to have any effect on the jury's findings; 2) the lower court's conclusion that there was no prejudice by the limitation of a witness' testimony was a reasonable one; 3) the right of confrontation was waived in the lower court; and 4) the District Court's denial of an evidentiary hearing was correct as the evidence was insufficient to show that the petitioner was entitled to habeas relief on his claims. .

U.S. 11th Circuit Court of Appeals, November 26, 2008
US v. Williams, No. 0812475.
Grant of defendant's motion for a reduced sentence pursuant to 18 U.S.C. section 3582 for distribution of crack cocaine is reversed and remanded where: 1) because defendant was subject to a statutory mandatory minimum that replaced his original sentencing guideline, defendant was not sentenced according to the base offense level in section 2D1.1, even taking into account the section 5K1.1 downward departure; and 2) defendant would thus not fall within the scope of the Amendment 706.

Supreme Court of California, November 24, 2008
People v. Brendlin, No. S123133.pdf
When a peace officer directs the driver of a vehicle to pull over for a traffic stop but, in effecting the stop, gives no indication that the passenger of the vehicle is the focus of the officer's investigation or show of authority, the passenger is not subjected to a "seizure" within the meaning of the Fourth Amendment in the absence of additional circumstances that would indicate to a reasonable person that he or she was the subject of the peace officer's investigation or show of authority. In conviction for manufacturing methamphetamine, order to suppress evidence seized from defendant's person and from the vehicle in which he was a passenger is reversed where, in applying the factors of Brown v. Illinois, the outstanding warrant, which was discovered prior to any search of defendant's person or of the vehicle, sufficiently attenuated the taint of the unlawful traffic stop.

Supreme Court of California, November 24, 2008
People v. Mentch, No. S148204.pdf
Convictions for cultivation and possession of marijuana for sale are reversed where: 1) a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, could not qualify as a primary caregiver under the Compassionate Use Act of 1996 and was not entitled to an instruction on the primary caregiver affirmative defense; and 2) nothing in the Legislature's subsequent 2003 Medical Marijuana Program altered this conclusion or offered any additional defense on the record.

New York Court of Appeals, November 24, 2008
People v. Johnson, No. 166
In a child pornography case, the court's application of the Board of Examiners of Sex Offenders risk Factor 7, indicating an increased level of risk when a crime "was directed at a stranger," is affirmed over defendant's claim that Factor 7 be interpreted in a way that makes it inapplicable to his case, where the factor's plain language preclues such a result.

New York Court of Appeals, November 24, 2008
People v. Naradzay, No. 188
Convictions for attempted murder in the second degree, attempted burglary in the first degree, and criminal possession of a weapon in the fourth degree are all affirmed over defendant's challenges to the legal sufficiency of the proof supporting his attempted burglary and murder convictions.

New York Court of Appeals, November 24, 2008
People v. MacShane, No. 220 SSM 40
Order of the Appellate Term is affirmed where defendant failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 US 79 [1986])

New York Court of Appeals, November 25, 2008
People v. George, No. 172
Order of the Appellate Division should be affirmed, where contrary to the People's contention, defendant properly preserved for our review his challenge to the legal sufficiency of his depraved indifference murder conviction. .

New York Court of Appeals, November 25, 2008
People v. Castellano, No. 173
Order affirmed where defendant's argument that the evidence presented at trial was insufficient to support his conviction for depraved indifference murder is unpreserved for this Court's review.

New York Court of Appeals, November 25, 2008
People v. Jean-Baptiste, No. 174
Reduction of conviction to manslaughter in the second degree is affirmed where, because the Appellate Division properly applied the present standard for depraved indifference murder, the evidence introduced at trial was not legally sufficient to establish defendant's guilt of depraved indifference murder.

New York Court of Appeals, November 25, 2008
People v. Hawkins, No. 175
In consolidated but otherwise unrelated criminal appeals, both convictions are affirmed where defendants did not properly preserve for appellate their challenges to the legal sufficiency of the evidence.

Supreme Court of Florida, November 26, 2008
Wainwright v. State of Florida, No. SC07-2005
On appeal from an order under Florida Rule of Criminal Procedure 3.851 denying a successive motion to vacate a judgment of conviction of first-degree murder and a sentence of death, denial of relief is affirmed where, given the totality of the evidence, codefendant's statement that petitioner was innocent would not raise reasonable doubt about the convictions or undermine any of the six aggravators found in this case.

Supreme Court of Florida, November 26, 2008
In Re: Standard Jury Instructions in Criminal Cases - Report No. 2008-01, No. SC08-335
The Court hereby authorizes the publication and use of instructions 3.12(a) – Single Defendant, Multiple Counts or Information, 3.12(c) – Multiple Counts or Informations, Multiple Defendants, and 3.12(d) – Legally Interlocking Crimes.

Supreme Court of Florida, November 26, 2008
In Re: Standard Jury Instructions in Criminal Cases - Report No. 2008-03 and 2008-06, No. SC08-490
The Court hereby authorize the publication and use of instructions 21.1 – Resisting Officer with Violence and 21.2 – Resisting Officer without Violence. ..

California Appellate Districts, November 24, 2008
People v. Genovese, No. C055486
Conviction for second degree murder is affirmed where there was no instructional error in the CALCRIM homicide instructions given to the jury.

California Appellate Districts, November 24, 2008
People v. Zavala, No. F051843
Conviction for second degree murder, torture, and kidnapping, and firearms-related allegations is affirmed over claims of error that: 1) the doctrine of collateral estoppel required reversal of the torture count; 2) the admission of certain hearsay statements as adoptive admissions violated both the hearsay rule and the confrontation clause and that his attorney rendered ineffective assistance of counsel if the absence of a constitutional objection forfeited his right to appellate review; and 3) CALCRIM No. 220 impermissibly precluded the jury from considering lack of evidence on the issue of proof beyond a reasonable doubt.

California Appellate Districts, November 24, 2008
People v. Morelos, No. F052418
Conviction for multiple counts of receiving stolen property, forgery of blank checks, forgery of altered checks, possession of forged driver's licenses, money counterfeiting, and being a felon in possession of a firearm is affirmed as modified and remanded where: 1) the record reasonably supported the inference that appellants received the stolen goods; 2) in accordance with People v. Carter, all but one of the three counts of possession of a completed check with intent to defraud were reversed; 3) all but one of the four driver's license counts should have been stricken since all licenses bore the personal information of the same victim; 4) since the jury could reasonably infer that defendants altered genuine checks and generated fictitious checks during an ongoing forgery operation, all convictions of altered check counts were proper; 5) claim that all but one receiving count as to each "possession-related" count should be stricken is rejected; 6) claim that since the same! check was the basis of two altered check counts, one of those counts each should be stricken is rejected; 7) the abstract of judgment required amendment; 8) claim that sentence on all but one of the "possession-related' counts should have been stayed is rejected; and 9) claim of Sixth Amendment violation is rejected.

California Appellate Districts, November 24, 2008
People v. Lopez, No. F053389
Convictions for first degree murder are affirmed in part, reversed in part, and remanded where: 1) defendants' challenges to the sufficiency of the evidence were rejected; 2) defendants failed to show a clear abuse of trial court's discretion; 3) defendant failed to show a reasonable likelihood that the jury applied the trial court instruction in a way that denied fundamental fairness; 4) section 1203.1l emergency medical services restitution fines, which the statute authorized solely "as a condition of probation," was stricken from the judgment since neither defendant received a grant of probation; 5) there was no basis for reversal of the judgments on the basis of cumulative error; 6) defendant failed to show either an actual conflict that adversely affected counsel's performance or informed speculation with a factual basis in the record about a potential conflict that adversely affected counsel's performance and an abuse of discretion by the trial court in denying his or! her motion to disqualify counsel; and 7) denial of defendant's Marsden motion as "not timely" was an error.

California Appellate Districts, November 25, 2008
In re Cannon, No. A121142
In contention by petitioner-inmates claiming food service in secured housing facility in state prison was inadequate, grant of limited relief with respect to temperature of the food served is reversed where the petitioners failed to demonstrate that the prison's food service violated any of their constitutional or statutory rights.

California Appellate Districts, November 25, 2008
People v. Kimbell, No. B202422
Conviction for two felony counts of assault on a peace officer, one felony count for driving under the influence, one felony count for evading a police officer, and one misdemeanor count for driving with a suspended license for a prior DUI conviction, is affirmed as modified where: 1) the court properly reconvened the jury since the verdict was incomplete and the jury was still within the court's control; and 2) defendant was entitled to additional conduct credit

California Appellate Districts, November 25, 2008
People v. Galvan, No. E042254
Conviction for attempted murder, torture, burglary, active participation in a criminal street gang, and personally causing great bodily injury is affirmed as modified and remanded where: 1) the court did not err in admitting detective's testimony; 2) even if there were error, such error was harmless because it was not reasonably probable that a result more favorable to defendant would have been reached in the absence of any erroneous conclusion; 3) there was no surprise in allowing the amendment to charge torture in place of aggravated mayhem; 4) the trial court did not abuse its discretion in concluding that there was no prejudice to the defense in amending the pleadings; 5) section 12022.7, subdivision (b) of Assembly Bill No. 2173, enhancement applies to comatose victims, whether the state of their coma is permanent or not; and 6) the abstract of judgment erroneously indicated defendant was convicted of aggravated mayhem.


Posted On: December 1, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of November 27, 2008.

1. People v. Peak, 4647, 21/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9259; 2008 N.Y. App. Div. LEXIS 8818, November 25, 2008, Decided, November 25, 2008, 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 (Laura Ward, J. ...

2. People v. Lofton, 4649, 2903/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9261; 2008 N.Y. App. Div. LEXIS 8795, November 25, 2008, Decided, 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, ...

3. People v. Howell, 4652, 6053N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9264; 2008 N.Y. App. Div. LEXIS 8809, November 25, 2008, Decided, November 25, 2008, 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 (Edwin Torres, J.), ...

4. People v. Lynah, 4656, 1417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9268; 2008 N.Y. App. Div. LEXIS 8791, November 25, 2008, Decided, November 25, 2008, 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 (Gregory Carro, J.), ...

5. People v. Kurell B., 4661, 4662, 2873/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9273; 2008 N.Y. App. Div. LEXIS 8801, November 25, 2008, Decided, 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 (Gregory Carro, J.), ...

6. People v. Green, 4588, 5885/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9278; 2008 N.Y. App. Div. LEXIS 8808, November 25, 2008, Decided, November 25, 2008, 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 (Richard D. Carruthers, ...

7. People v. Cardoza, 4677, 5504/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9285; 2008 N.Y. App. Div. LEXIS 8803, November 25, 2008, Decided, 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 (Bonnie G. Wittner, ...

8. People v. McChriston, 4679, 3315/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9287; 2008 N.Y. App. Div. LEXIS 8823, November 25, 2008, Decided, 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, ...

9. People v. Vasquez, 4660, 1990/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9272; 2008 N.Y. App. Div. LEXIS 8804, November 25, 2008, Decided, November 25, 2008, 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 (Carol Berkman, J. ...

10. People v. Ross, 4664, 1285/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9275; 2008 N.Y. App. Div. LEXIS 8816, November 25, 2008, Decided, November 25, 2008, 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 (Michael J. Obus, ...

11. People v. Guarino, 4430, 4430A, 4430B, 3320/05, 3961/06, 4168/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8246; 55 A.D.3d 473; 2008 N.Y. App. Div. LEXIS 8039, October 30, 2008, Decided, October 30, 2008, 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 ...
Judgments, Supreme Court, New York County (Arlene Goldberg, J.), ...

12. People v. Hamilton, 4419, 204/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8187; 55 A.D.3d 468; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 8011, October 28, 2008, Decided, 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 (Robert H. Straus, ...

13. People v. Serrano, 4389, 3698/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8168; 55 A.D.3d 450; 865 N.Y.S.2d 598; 2008 N.Y. App. Div. LEXIS 7992, October 28, 2008, Decided, October 28, 2008, 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 (A. Kirke Bartley, ...

14. People v. Robinson, 4364, 2356/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8007; 55 A.D.3d 428; 2008 N.Y. App. Div. LEXIS 7832, October 23, 2008, Decided, 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 (Carol Berkman, J.), ...

15. People v. Black, 4353, 3466/06, 4904/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7997; 55 A.D.3d 422; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7835, October 23, 2008, Decided, 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 (Charles H. Solomon, ...

16. People v. Delgado, 4361, 2279/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8004; 55 A.D.3d 426; 2008 N.Y. App. Div. LEXIS 7829, October 23, 2008, Decided, October 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), ...

17. People v. Bonilla, 4375, 495/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8014; 55 A.D.3d 432; 2008 N.Y. App. Div. LEXIS 7856, October 23, 2008, Decided, October 23, 2008, 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 (Daniel P. FitzGerald, ...

18. People v. Bland, 4366, 1884/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8008; 55 A.D.3d 428; 866 N.Y.S.2d 68; 2008 N.Y. App. Div. LEXIS 7836, October 23, 2008, Decided, October 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

19. People v. Erving, 4346, 1163/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7993; 55 A.D.3d 419; 866 N.Y.S.2d 147; 2008 N.Y. App. Div. LEXIS 7839, October 23, 2008, Decided, October 23, 2008, 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 (Charles H. Solomon, ...

20. People v. Warfield, 4325, 914/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7965; 55 A.D.3d 406; 2008 N.Y. App. Div. LEXIS 7802, October 21, 2008, Decided, October 21, 2008, 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 (Charles H. Solomon, ...

21. People v. Al Sabah Dantata, 4319, 2279/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7961; 55 A.D.3d 404; 866 N.Y.S.2d 110; 2008 N.Y. App. Div. LEXIS 7793, October 21, 2008, Decided, October 21, 2008, 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 (Edward J. McLaughlin, ...

Posted On: December 1, 2008

New York Supreme Court Appellate Division First Department Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service, Search run morning of November 25, 2008.

1. People v. Cabral, 4306, 5023/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7952; 55 A.D.3d 399; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7803, October 21, 2008, Decided, 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 (Michael J. Obus, ...

2. People v. White, 4286, 4189/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7787; 55 A.D.3d 390; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7613, October 16, 2008, Decided, 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 (Carol Berkman, J.), ...

3. People v. Vazquez, 4284, 497/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7785; 55 A.D.3d 388; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7641, October 16, 2008, Decided, 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 (James A. Yates, ...

4. People v. Simon, 4274, 1799/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7778; 55 A.D.3d 378; 2008 N.Y. App. Div. LEXIS 7614, October 16, 2008, Decided, October 16, 2008, 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 (Robert H. Straus, ...

5. People v. Roulette, 4300, 2377/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7795; 55 A.D.3d 394; 2008 N.Y. App. Div. LEXIS 7615, October 16, 2008, Decided, October 16, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County, (Renee A. White, ...

6. People v. Brown, 4298, 5462/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7793; 55 A.D.3d 393; 2008 N.Y. App. Div. LEXIS 7619, October 16, 2008, Decided, October 16, 2008, 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 (Gregory Carro, J.), ...

7. People v. Nichols, 4276, 5177/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7780; 55 A.D.3d 380; 2008 N.Y. App. Div. LEXIS 7626, October 16, 2008, Decided, October 16, 2008, 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 (Roger S. Hayes, ...

8. People v. Noel, 4266, 763/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7770; 55 A.D.3d 373; 2008 N.Y. App. Div. LEXIS 7624, October 16, 2008, Decided, October 16, 2008, 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.), ...

9. People v. Blue, 4290, 5705/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7789; 55 A.D.3d 391; 2008 N.Y. App. Div. LEXIS 7620, October 16, 2008, Decided, October 16, 2008, 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 (Bernard J. Fried, ...

10. People v. Dennis, 4281, 3695/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7783; 55 A.D.3d 385; 2008 N.Y. App. Div. LEXIS 7637, October 16, 2008, Decided, October 16, 2008, 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 (Charles H. Solomon, ...

11. People v. Coppin, 4268, 6126/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7772; 55 A.D.3d 374; 2008 N.Y. App. Div. LEXIS 7639, October 16, 2008, Decided, October 16, 2008, 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 (Charles J. Tejada, ...

12. People v. Clarke, 4260, 11467/93, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7766; 55 A.D.3d 370; 865 N.Y.S.2d 211; 2008 N.Y. App. Div. LEXIS 7612, October 16, 2008, Decided, October 16, 2008, 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 (Charles H. Solomon, ...

13. People v. Montanez, 4265, 4779/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7769; 55 A.D.3d 372; 2008 N.Y. App. Div. LEXIS 7638, October 16, 2008, Decided, October 16, 2008, 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 (Gregory Carro, J.), ...

14. People v. Garcia, 4256, 73/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7755; 55 A.D.3d 368; 865 N.Y.S.2d 83; 2008 N.Y. App. Div. LEXIS 8287, October 14, 2008, Decided, October 14, 2008, 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, ...

15. People v. Cruz, 4249, 4087/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7749; 55 A.D.3d 365; 865 N.Y.S.2d 87; 2008 N.Y. App. Div. LEXIS 8288, October 14, 2008, Decided, October 14, 2008, 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 (Jeffrey M. Atlas, ...

16. People v. Curtis, 4252, 1766/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7752; 55 A.D.3d 367; 865 N.Y.S.2d 85; 2008 N.Y. App. Div. LEXIS 8269, October 14, 2008, Decided, October 14, 2008, 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 (Marcy L. Kahn, ...

17. People v. Rodriguez, 4221, 4720/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7711; 55 A.D.3d 351; 2008 N.Y. App. Div. LEXIS 7539, October 9, 2008, Decided, October 9, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

18. People v. Jones, 4217, 6196/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7708; 55 A.D.3d 349; 2008 N.Y. App. Div. LEXIS 7543, October 9, 2008, Decided, October 9, 2008, 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 (Ruth Pickholz, J.), ...

19. People v. D'Agostino, 4228, 2702/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7714; 55 A.D.3d 353; 865 N.Y.S.2d 75; 2008 N.Y. App. Div. LEXIS 7536, October 9, 2008, Decided, October 9, 2008, 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, ...

20. People v. Rivera, 4232, 5061/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7717; 55 A.D.3d 356; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7535, October 9, 2008, Decided, 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 (Gregory Carro, J.), ...

21. People v. Robinson, 4234, 667/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7719; 55 A.D.3d 356; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7538, October 9, 2008, Decided, 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 (Charles H. Solomon, ...

22. People v. Richardson, 4224, 2760/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7712; 55 A.D.3d 352; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7541, October 9, 2008, Decided, 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 (Michael Obus, J.), ...

23. People v. Caiola, 4231, 785/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7716; 55 A.D.3d 355; 864 N.Y.S.2d 311; 2008 N.Y. App. Div. LEXIS 7537, October 9, 2008, Decided, October 9, 2008, 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 (James A. Yates, ...

24. People v. Castro, 4218, 4986/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7709; 55 A.D.3d 350; 864 N.Y.S.2d 311; 2008 N.Y. App. Div. LEXIS 7548, October 9, 2008, Decided, October 9, 2008, 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 (Robert Stolz, J. ...

25. People v. Archie, 4236, 3043/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7720; 55 A.D.3d 357; 864 N.Y.S.2d 312; 2008 N.Y. App. Div. LEXIS 7544, October 9, 2008, Decided, October 9, 2008, 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 (James A. Yates, ...

26. People v. Godbold, 4175, 4239N/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7578; 55 A.D.3d 339; 2008 N.Y. App. Div. LEXIS 7434, October 7, 2008, Decided, October 7, 2008, 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 (Edward J. McLaughlin, ...

27. People v. Walker, 4184, 17/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7584; 55 A.D.3d 343; 2008 N.Y. App. Div. LEXIS 7437, October 7, 2008, Decided, October 7, 2008, 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 (Robert H. Straus, ...

28. People v. Randolph, 4211, 3433/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7571; 55 A.D.3d 331; 864 N.Y.S.2d 309; 2008 N.Y. App. Div. LEXIS 7436, October 7, 2008, Decided, October 7, 2008, 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 (Michael J. Obus, ...

29. People v. Duran, 4194, 3532/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7593; 55 A.D.3d 348; 864 N.Y.S.2d 378; 2008 N.Y. App. Div. LEXIS 7424, October 7, 2008, Decided, 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 (Edward J. McLaughlin, ...

30. People v. Jenkins, 4155, 4328/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7180; 55 A.D.3d 304; 2008 N.Y. App. Div. LEXIS 7028, October 2, 2008, Decided, October 2, 2008, 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 (Edwin Torres, J.