Certiorari Petition Filed in People v Battles
In December 2010 I wrote about the en banc decision of the Second Department in Portalatin v. Graham (624 F3d 69 [2d Cir 10/18/10])and the companion cases holding that the New York’s decision upholding the New York PFO sentencing statutes “the state courts did not engage in an unreasonable application of clearly established Supreme Court precedent in affirming the convictions.” (here) In that post, I also reviewed the decision of the New York Court...
read moreCONVICTION OF USER OR ADDICT IN POSSESSION OF A FIREARM DOES NOT REQUIRE ONE TO BE DETAINED AFTER PLEA OR VERDICT OF GUILTY
byMark D. Hosken, Supervisory – Assistant Federal Public Defender, WDNY A defendant enters a guilty plea or is found guilty after trial of being a user or addict in possession of a firearm in violation of 18 U.S.C. §922(g)(3). The prosecutor moves the Court to remand the individual into custody pending sentencing. The government contends 18 U.S.C. § 3143(2) requires such detention as such possession is a crime of violence under 18 U.S.C. §...
read moreCan the Judge judge your case?
by Jill Paperno,Special Assistant Monroe County Public Defender As many of you know, the judge you start with in a case is not always the judge you end with. There are rules governing which judges may handle which cases, and the circumstances in which cases may be transferred. You may wish to object to assignment of a judge on your case on one of several grounds – either the judge is not authorized by...
read moreReckless Driving Causing Death Held Not To Be Depraved Indifference Murder
byDrew R. DuBrin,Special Assistant Monroe County Public Defender In People v Prindle (_NY3d_, 2011 NY Slip Op 01320 [2/22/11]) Mr. Prindle urged that the evidence of depraved indifference was insufficient to support his murder conviction, where a passenger of another car was killed when Prindle collided his van into the other car during a police chase. Mr. Prindle, who was caught stealing snow plow blades in Brighton, a Rochester suburb, sped onto Monroe Avenue...
read more30.30 and Superceding Accusatory Instruments
by Dre R. DuBrin, Special Assistant Monroe County Public Defender In People v Farkas (_NY_, 2011 NY Slip Op 01318 [2/22/11]), the Court of Appeals decided a very important 30.30 case – against the defendant- but in so ruling confirmed principles that will often help defendants seeking to move to dismiss a superseding accusatory on 30.30 grounds. In Farkas, the defendant was issued an appearance ticket for assault in the third degree. He was...
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