|
|
 |
|
|
|
|
Note: Copies of articles with inactive links may be found by visiting the publishers' web sites or retrieving copies from print sources. For more information please read our FAQ.
Visit our News Archives to find previously posted items.
|
|
|
|
Current Developments_______________________________
- Appellate Division reversed and remanded depraved indifference murder conviction in a one-on-one homicide. Overturned Verdict Satisfying For Defenders, Utica Observer Dispatch (Oneida County), November 23, 2008.
- Defendant's Metrocard provided strong evidence of alibi claim and basis for release on bail in federal murder prosecution. Murder Suspect Has Witness: A MetroCard, New York Times (NYC), November 19, 2008
- Judge grants motion to take down name and picture of DWI arrestee from Wall of Shame based on due process violation. Judge Orders Nassau To Remove Name, Photo From "Wall Of Shame", Newsday (Nassau County), October 21, 2008
- Defense attorney bringing legal action against Nassau County Executive over posting client's photo on Wall of Shame for DWI arrestees. Lawyer Sues County Over Internet 'Wall Of Shame', New York Law Journal (Nassau County), October 9, 2008
- Suffolk County video link system permits attorneys to see and speak with incarcerated clients without bringing them to court. Video Hookup: Suffolk System Eases Attorney-Client Communications, New York Law Journal (Suffolk County), October 7, 2008
- Special Commission on the Future of NYS Courts has issued recommendations to curtail due process abuses in town and village courts. Study Supports Elimination Of Hundreds Of Justice Courts, New York Law Journal (NY), September 18, 2008. For a copy of the report, click here, and for information on the work of the Commission, click here.
- DWI defendant did not violate terms of plea agreement by choice of alcohol treatment program. Judge: Rights Did Not Violate Plea Deal, LoHud.com (Putnam County), September 17, 2008
- Failure to bring in out-of-state lab technicians to testify in driving while on drugs prosecutions has resulted in dismissed charges in two cases. Ruling Jeopardizes Nassau Driving-While-Drugged Cases, Newsday (Nassau County), August 12, 2008
- Defenses to gun possession charges are being raised in the wake of US Supreme Court's decision in District of Columbia v Heller. NY Attorneys Fire First Shots In Challenge To State Gun Law, New York Law Journal (NYC), July 16, 2008
- Nassau County Executive removed names and photos of some drivers under the age of 19 from online Wall Shame for DWI arrestees. DWI Suspects Removed From Nassau's "Wall Of Shame", Newsday (Nassau County), July 11, 2008
- Alternative sentencing for felony DWI defendants using ankle bracelets proved successful in Erie County according to a recent report. Bracelets Working As DWI Deterrent, Buffalo News (Erie County), July 6, 2008
- Federal court upheld NYPD's administrative decision to revoke veteran's gun license. New York Moves To Defend Gun Law, New York Sun (NYC), July 3, 2008
- Conviction may occur after guilty plea for some purposes according to the Court of Appeals. When Does A "Conviction" Occur?, Indignant Indigent (NY), June 25, 2008
- New York City Police Department plans to use written consent forms to obviate challenges to consent at trial and reduce the need for obtaining search warrants. NYPD Wants Suspects To Sign Search Consent Form, Newsday (NYC), June 25, 2008
- Nassau County Executive's plan to ask media outlets to publish names and photos of DWI arrestees draws criticism from NY Civil Liberties Union. Legal Experts Have Mixed Reaction To Suozzi Plan, Newsday (NassauCounty), May 29, 2008
- Prisoner brought successful habeas corpus challenging validity of sentence based on violation of terms of post-release supervision improperly imposed by DOCS. One Cannot Be Incarcerated For Violating The Terms Of Post Release Supervision Not Imposed By A Judge, Indignant Indigent (4th Dept), May 23, 2008
- Albany County District Attorney has implemented new stricter plea bargaining guidelines for DWI cases. New Hurdles for DWI Pleas, Albany Times Union (AlbanyCounty), May 16, 2008
- Narcotics seized in 43 arrests missing from police crime laboratory in Brooklyn.After Arrests, Drug Evidence Goes Missing, New York Times (NYC), December 12, 2007
- Advocates testifying at public hearings before the Commission on Sentencing Reform voiced concerns about harsh narcotics law penalties. Sentencing Panel Confronts Drug Issues, New York Law Journal (NY), November 26, 2007
- Utica police use of a fictitious DNA report to compel a suspect to confess has raised questions. Fake Report Puts Focus on Police Tactics, Observer-Dispatch (OneidaCounty), November 3, 2007
- Monroe County Public Defender Edward J. Nowak has announced his retirement after 30 years of service. The Defense Rests: Nowak to Retire, Rochester Democrat and Chronicle (MonroeCounty), November 1, 2007
- According to conviction statistics for violations of Buster's Law, less than half received jail sentences. 'Buster's Law,' to Protect Animals, Lacks Bite, Albany Times Union (NY), August 26, 2007
- Man charged with murder in Brooklyn exonerated by alibi evidence from his cell phone. Cellphone Records Help to Clear a Murder Suspect, New York Times (Brooklyn), August 24, 2007
- SuffolkCounty man's murder conviction overturned by Appellate Division because jury did not get a chance to consider defense of intoxication. Court Reverses Murder Conviction in Stabbing Death, Newsday (2nd Dept), August 24, 2007
- Defense claims Nassau homicide prosecutor overstepped bounds by inserting his opinion in videotape interrogation shown to grand jury. Videotape Questioned, Newsday (NassauCounty), August 14, 2007
- Queens court decision awarding double rate for deaf interpreter underscores staffing shortage. Judge Spotlights Shortage of Interpreters for the Deaf, New York Times (NY), August 10, 2007
- Criminal history reports available to the public will no longer include low-level violations according to the Office of Court Administration. OCA Trims Criminal Report Information, New York Law Journal (NY), August 10, 2007
- NYSDA's executive director, Jonathan Gradess, testified before the state Commission on Sentencing Reform urging repeal of mandatory sentences and other changes. Sentencing Commission Sifts Numerous Suggestions, New York Law Journal (NY), July 31, 2007
- New York City Police Dept's initiative to curtail serious crime by devoting resources to trespassing in public housing cast too wide a net according to critics. Trespassing Arrest Shows Problem, NYPD Critics Say, Newsday (NYC), July 30, 2007
- New York man first to be convicted under new federal law criminalizing purchases of excessive amounts of cold medicine containing ephedrine or pseudoephedrine. Man's Guilt Under Cold-Medicine Law a First in US, Rochester Democrat and Chronicle (Monroe County), June 28, 2007
- Albany City Court judge critical of DA's investigator for meeting with defendant without his attorney present. Judge Scolds DA's Aide, Albany Times Union (Albany County), June 16, 2007
- Rensselaer County Legislature voted a resolution to support a proposed state law requiring mandatory bail when arraigning someone accused of homicide. Legislature Endorses Bail Standard, Albany Times Union (Rensselaer County), June 13, 2007
- Sentencing Commission has begun its work reviewing NY's laws and expects to submit a final report in March 2008. Commission Gears Up to Review State's Complex, Inconsistent Sentencing Scheme, New York Law Journal (NY), June 11, 2007
- New report from New York City Bar Association focuses on risk of deportation and limited options for treatment for immigrant defendants. Report Highlights Plea Deal Threat to Immigrants, New York Law Journal (NY), June 11, 2007
- Creation of State Sentencing Commission provides new direction for reform efforts. New York's New Commission on Sentencing Reform, New York Law Journal (NY), May 7, 2007
- Defense lawyer claims that NassauCounty assistant district attorney withheld information about key witness in murder case. DA Is Accused of Deceit, Newsday (Nassau County), April 18, 2007
- SuffolkCounty probation department staff strain to track increasing numbers of people sentenced to wear ankle bracelets. Not Enough Cops to Monitor GPS Inmates, CBS (Suffolk County), April 13, 2007
- Top positions in Division of Criminal Justice Services have been filled.
- O'Donnell to Oversee State Criminal Justice, Buffalo News (NY), March 22, 2007 and Governor Eliot Spitzer And Lieutenant Governor David Paterson Appoint Assistant Deputy Secretary for Criminal Justice, Governor's Press Release (NY), March 22, 2007
- NassauCounty judge has dismissed 26 indictments due to improper instructions given by the prosecutor to the grand jury.
- DA Must Start Over, Newsday (Nassau County), March 22, 2007
- Chemung County Public Advocate Richard W. Rich Jr. has announced his intention to run for local judgeship.
- Elmira Lawyer to Run for State Supreme Court, Star-Gazette (Chemung County), March 14, 2007
- Immigration and Customs Enforcement agents will be stationed at SuffolkCounty jail to facilitate deportation of undocumented immigrant prisoners.
- Deportation-From-Jail Policy Riles Some Advocates, Newsday (Suffolk County), February 28, 2007
- Lawsuit challenging Nassau County District Attorney's DWI plea bargaining polices dismissed by trial court.
- DUI Rules Pass 1st Test: Nassau DA Scores Victory When Judge Rejects Suit Disputing Her Drunken-Driving Policies , Newsday (Nassau County), December 22, 2006 and Judge Finds Constitutional Nassau's Drunken-Driving Court, New York Law Journal (Nassau County), December 28, 2006
- Chief Judge Kaye released action plan for reforming justice courts in New York.
- Series of Reforms Planned for Local Justice System , New York Law Journal (NY), November 22, 2006. See Action Plan for the Justice Courts
- New village law prohibits sifting through residential garbage cans will require police to obtain search warrants.
- Ordinance Makes Lake Grove Trash Private , Newsday (Suffolk County), November 10, 2006
- Nassau County jury convicted defendant of murder stemming from DWI charge.
- Alcohol, a Car and a Fatality. Is It Murder?, New York Times (Nassau County), October 22, 2006
- NY Times series focuses on problems with New York's justice court system.
- Broken Bench, New York Times (NY), September 25-27, 2006
- NY State Police have decided to discontinue practice of allowing state troopers to plea bargain traffic tickets.
- State Police Will Stop Plea Bargaining Tickets Today , Journal News (NY), September 1, 2006
- Motion filed challenging Nassau County District Attorney's strict DWI plea bargaining policies.
- Court Action Challenges 'Draconian' DWI Policy, New York Law Journal (Nassau County), August 8, 2006
- Under the recently enacted Cynthia's Law, recklessly assaulting children is now a felony.
- Child Abuse Penalties Strengthened, Albany Times Union (NY), July 31, 2006
- New York City law will track and limit gun purchases, and establish gun registry for anyone convicted of criminal possession of a firearm in the second or third degrees.
- New City Law to Track Guns, Gun Offenders, NY Daily News (NYC), July 28, 2006
- Family members successfully assert innocent owner defense in NassauCountyDWI vehicle seizures involving their relatives.
- 'Innocent Owners' Defeat Efforts to Seize Vehicles, New York Law Journal (Nassau County), July 25, 2006
- New York City judge denied request to assign attorney to indigent prisoner in legal malpractice action.
- Court Rebuffs Warmus Bid for Counsel, New York Law Journal (NYC), July 20, 2006
- New York and Broome counties will be making pleadings and court documents available through the Internet under an Office of Court Administration pilot project.
- OCA Unveils Pilot Projects Expanding Internet Access to Records , New York Law Journal (NY), July 7, 2006
- Former Court of Appeals judges and notable lawyers have written to Governor Pataki asking him to reappoint George Bundy Smith.
- Ex-Judges Pressure Pataki to Reappoint Top Court's Only Black Jurist, Press & Sun Bulletin (NY), July 6, 2006
- Delays in assignments of public defenders are among the observations made about RensselaerCounty courts in a recent report by the Fund for Modern Courts.
- Group Judges Courts' Shortcomings, Albany Times Union (Rensselaer County), June 13, 2006
- Appeal in traffic case challenges constitutionality of cell phone ban while driving.
- Lawyer: Cell Phone Law Broke Dangerous Ground, Ithaca Journal (NY), June 7, 2006
- Editorial critical of the practice in Essex and ClintonCounties of permitting State Police to prosecute cases where they have made the arrests.
- Arresting Officers Should Not Be Part of the Punishment Mechanism, Press Republican (Essex County), June 4, 2006
- New specialty court in Nassau County will focus on drunk driving cases.
- Nassau to Open DWI Court, Newsday (Nassau County), May 12, 2006
- New York tops the list of states that have shown an increase in the use of wiretaps according to the Administrative Office of the United States Courts.
- NY State Again Leads in Number of Wiretaps, Buffalo News (NY), May 2, 2006
- Preliminary relief granted in a federal lawsuit challenging New York City anti-graffiti law applied to young adults.
- Judge Blocks Part of Graffiti Law Aimed at Young People, WNBC News (NYC), May 1, 2006
- California's heightened privacy law did not protect New Yorker surreptitiously recorded by someone from the opposite coast.
- New York Law Applied to Taping of Calls, New York Law Journal (1st Dept), April 19, 2006
- Results of New York County Lawyers' Association survey of defense practitioners and judges calls for expedited disclosure by prosecutors in misdemeanor cases.
- Attorneys' Group Backs Informal Discovery, New York Law Journal (NYC), April 4, 2006
- Office of Court Administration has issued a report calling for improvements in court translation services.
- OCA Unveils Reform Plan for Translators, New York Law Journal (NY), April 10, 2006
- Nassau County District Attorney has tightened the requirements for plea bargaining in DWI cases for first time offenders.
- Rice Pushes First-Time DWI as Misdemeanor , Newsday (Nassau County), March 14, 2006
- Prosecutor in Allegany County District Attorney's office has been fired after an investigation into his appearance at a meeting of the New Century Foundation.
- Prosecutor Fired After Attending Meeting of 'White Preservationists', Ithaca Journal (Allegany County), March 2, 2006
- Fine payment for minor state offense was not equivalent to valid guilty plea according to a New York federal court.
- Driver's 1992 Conviction for Lewdness Removed, New York Law Journal (EDNY), March 1, 2006
- New Nassau County District Attorney has inaugurated policy recommending jail time for repeat drunk driving offenders.
- Rice Wants Jail Time for All Repeat Drunken Drivers, Newsday (Nassau County), February 17, 2006
- New Nassau County District Attorney wants her office to make the sentence recommendations in plea negotiations signaling a shift from their former practice.
- DA Rice to Decide Plea Deals, Newsday (Nassau County), February 14, 2006
- Judges are not required to consider undisclosed prosecutorial evidence during felony arraignment according to the Appellate Division Fourth Department.
- Court Papers Decision Reversed, Syracuse Post-Standard (Onondaga County), February 4, 2006
- Dissenting Appellate Division Justice calls for examination of sentencing practices.
- Justice's Dissent Sparks Unusual Discussion on Sentencing Reduction , New York Law Journal (1st Dept), January 25, 2006
- Application of spousal privilege to gay partners sidestepped in grand larceny prosecution based on finding that the witness and the defendant were co-conspirators according to a Nassau County Court.
- Judge Rejects Spousal Privilege in School Theft Case, Newsday (NassauCounty), January 11, 2006
- Village justice's refusal to dismiss defective parking tickets questioned by the New York Civil Liberties Union.
- Parking Ticket Fight All in the Details, Newsday (Nassau County), January 9, 2006
- New trial ordered because of RensselaerCounty prosecutor's failure to disclose evidence favorable to defense in sodomy case.
- Justice Withheld, Albany Times Union (Rensselaer County), January 5, 2006
- Federal court action challenges authority of Suffolk County municipality to create constabulary force to issue traffic tickets.
- Use of Constables to Issue Traffic Tickets Spawns Class Actions in Suffolk County, New York Law Journal (Suffolk County), December 6, 2005
- Interpreters' accuracy in criminal cases raises concerns over certification and standards.
- When Trial Participants Don't Speak English, Court Interpreters Are Essential -- But Does Justice Sometimes Get Lost in Translation , Newsday (NY), December 4, 2005
- Monroe County District Attorney has filed suit against an Irondequoit Town Justice over a ruling that bars breathalyzer evidence without testimony on the accuracy of calibration.
- DA Fights Evidence Ruling in DWI Cases, Rochester Democrat & Chronicle (Monroe County), October 25, 2005
- Increases in bail amounts and the number of cases where bail has been set seen as cause of jail overcrowding according to an Onondaga County report.
- Report by County Links Higher Bail, Crowded Jail, Syracuse Post-Standard (Onondaga County), October 24, 2005
- Due to concerns about court security in New York and elsewhere, the Office of Court Administration has developed proposals for improvement.
- OCA Offers 47 Suggestions for Improved Court Security,New York Law Journal (NY), October 20, 2005
- SuffolkCounty considering ankle monitor that detects blood alcohol levels as alternative to incarceration for DWI offenders.
- Booze Bracelet, Newsday (Suffolk County), October 15, 2005
- Suffolk County District Attorney has informed defense bar about existence of recently discovered email messages generated by police from their patrol cars over the past several years.
- Spota Alerts Defense Bar of Overlooked Evidence, New York Law Journal (Suffolk County), October 4, 2005
- GeneseeCounty is among the first in the country to authorize the use of electronic bracelets to detect alcohol consumption in their STOP-DWI program.
- Innovative Bracelets OK'd as DWI Monitors, Buffalo News (Genesee County), September 15, 2005
- Manslaughter charges filed over death of passenger in MonroeCounty case where defendant's misdemeanor DWI conviction was overturned on appeal.
- Man Whose DWI Conviction Was Voided Now in Hotter Water , Rochester Democrat and Chronicle (Monroe County), August 25 2005
- New York City Police Department's new policy of randomly checking bags and backpacks of transit riders has raised concerns about the right to privacy.
- Privacy Rights Are at Issue in New Policy on Searches, New York Times (NYC), July 22, 2005
- Monroe County District Attorney's policy restricting plea bargaining in serious felony cases has resulted in more guilty pleas and prison sentences.
- More Felons Going to Prison , Rochester Democrat and Chronicle (Monroe County), July 18, 2005
- Implementation of a Trial Assignment Part system in Nassau and Suffolk Counties has reduced the backlog of felony cases.
- Justice Gets Swifter in LI Courts , Newsday (Nassau County), July 13, 2005
- Lawsuit filed challenging arrests by Bronx police under unconstitutional panhandling law.
- Police Charged Panhandlers Under Unconstitutional Law, New York Times (Bronx), June 10, 2005
- Bronx judge finds that defendant can be charged with attempt to endanger a child.
- Attempted Child Endangerment Charge Upheld, New York Law Journal (Bronx), May 10, 2005
- Woman's murder conviction overturned after 21 years in prison.
- Mom's High Cost of Lost Time, Newsday (Suffolk County), May 5, 2005
- Buffalo City Common Council supports measure to create no-plea zones in designated crime areas.
- To Fight Crime, Council Requests No-Plea Zones Throughout the City, Buffalo News (Erie County), May 4, 2005
- ColumbiaCounty prosecutor ordered to relinquish case file to defense in murder case based on failures to comply with discovery rules.
- Judge Scolds Murder Prosecutor, Orders Release of Entire Case File , Daily Freeman (Columbia County), April 30, 2005
- New York specialty courts addressing issues of mental health, drugs, domestic violence and homelessness have enlarged the roles of judges in defendants' lives.
- In Problem-Solving Court, Judges Turn Therapist, New York Times (NY), April 26, 2005
- Onondaga County District Attorney critical of arraignment judge who questioned sufficiency of complaint alleging murder.
- Judge Taken Off Murder Hearing at DA's Urging, Syracuse Post-Standard (Onondaga County), March 26, 2005
- Problem-solving courts strain public defense resources and attorney-client relationships according to representatives of the public defense community.
- As Specialized Courts Come of Age, Experts Extol Benefits But See Pitfalls, New York Law Journal (NY), March 16, 2005|
- Dispute has arisen between Onondaga prosecutors and Syracuse city court judges over disclosure of victim and witness statements at arraignments.
- DA vs. City Judges Fight Heads to Higher Court, Syracuse Post-Standard (Onondaga County), February 26, 2005
- Monroe County District Attorney's policy limiting plea bargains in certain felony cases has resulted in significant increases in the number of indictments and the size of trial calendars.
- Tough Stance on Plea Deals Clogging Courts , Rochester Democrat and Chronicle (Monroe County), February 5, 2005
- Crawford ruling on Confrontation clause did not apply retroactively to post-conviction motion when state appeals had been completed according to a New York City judge. Finding 'Crawford' Is Not Retroactive, Judge Says Murder Conviction Stands, New York Law Journal (NYC), January 19, 2005
- Suspect's public statement to the media about Troy homicide raised concerns about mounting a defense to the charges.
- Murder Suspect's Talks Hurt His Case, Albany Times Union (Rensselaer County), January 15, 2005
- Jonathan Gradess, NYSDA's Executive Director, focuses on key issues in New York public defense for 2005.
- What Do You Expect in NYS Government & Politics in the Coming Year? , Empire Page, January 2005
News Archives____________________________________
(Past news items are in our News Archives)
*News is time sensitive. Active links on our site may become inactive when the stories are moved into the publishers' archives. To access archived materials, you must visit the publisher's web site. There may be a fee or registration requirement.
New York Newspapers on the Web___________________
|
|
