Friday, April 3, 2015

Courts Must Consider Firearm Use or Possession and Certain Protection Order Violations When Making Bail Decisions in Domestic Cases.

From the Office of Probation and Correctional Alternatives:
CPL 510.30 was revised to require criminal courts to consider an arrested individual’s history of use or possession of firearms, and any violation of an order of protection issued by any court for the protection of a member or members of the same family or household as such term is defined in CPL 530.11(1), whether or not the order is currently in effect, when considering release on recognizance or setting bail requirements for those charged with a crime or crimes against a family or household member.

Monday, March 30, 2015

Watkins Glen man arrested on child support warrant

Copyright © 2015 Finger Lakes Daily News
On Friday, March 27, Richard A. Franklin, age 39, appeared before Family Court Judge Dennis Morris on the outstanding warrant.

The warrant was issued when Franklin failed to appear for court in February on a petition charging him with contempt of court, due to his failure to make child support payments.

At Friday’s court appearance, assistant County Attorney Steven Getman asked the court to incarcerate Franklin, due to a history of non-compliance.

More at the link above.

Saturday, February 28, 2015

New York State Grant Money Awarded to Fight Tax and Public Benefit Fraud.

New York State officials have announced that $14.7 million in grant money has been awarded to 28 district attorneys' offices to target tax and public benefits fraud.

The grants fund personnel, including forensic accountants, investigators and assistant district attorneys, who work to build cases for prosecution.

These funds are in addition to the $860,700 in Crimes Against Revenue Program (CARP) funds awarded to district attorneys' offices six months ago.

All taxes, such as sales, excise and income, are subject to these investigations.

For more on the state’s program, click here.

Wednesday, February 4, 2015

Beware of Fraudulent NYS Attorney General’s Office Debt Collection Notices

New York State officials have issued an alert based on complaints received from consumers who were recently contacted by scam artists posing as an attorney from the New York State Attorney General’s Office.

The consumers received a notice, written on doctored New York State Attorney General letterhead, that claimed to be a “District Court Final Warning” letter. The notice reportedly gives the impression that the Attorney General is investigating the consumer for the failure to pay a past due debt. The letters also threaten criminal action and arrest if the debts are not paid.

The fake notices are reportedly coming as either a paper letter or an email.

The state’s alert comes just one week after consumers reported receiving unsolicited phone calls from a someone posing as an attorney from the New York State Attorney General's Office.

More information, and tips on how to avoid government imposter debt collection scams can be found here.

Thursday, January 1, 2015

Seneca Falls Referendum Appeal Dismissed

Regional News Network:
Seneca Falls—The New York State Supreme Court Appellate Division has thrown out an appeal seeking to reinstate a petition for a voter referendum on the proposed Seneca Falls town hall.

Ruling on a motion from attorney Steven Getman, the court held on Tuesday (December 30) that the appeal should be dismissed on the ground that the appellant, former town board member Sue Sauvageau, had failed to perfect her appeal in a timely manner.

Getman represented Seneca Falls town board member Chad Sanderson. In papers filed with the appeals court Getman argued that Sauvageau’s attorneys were required to complete the filing and other requirements for the appeal no later than September 22.

Sauvageau’s notice of appeal was filed in July by Geneva attorney Mario Fratto. Neither Sauvageau nor her attorney sought an extension of the time to perfect the appeal or submitted an answer to the motion to dismiss.

In April, Sauvageau and Joyce Brady had circulated a petition to force a vote on the town board’s March 18 decision to transfer $2.55 million from the capital reserve fund to the general fund for the construction of the new town hall. The town has been leasing space in the former St. Patrick’s School.

In response, Sanderson, through Getman, filed objections to the referendum petition, alleging that the form and content was not in compliance with various legal requirements. These included a failure of the petition to require signers to affirm that their correct residence was next to their names and the failure of the witnesses to the petition to attest that each person who signed it had properly identified themselves to the witness.

Acting on Sanderson’s objections, Acting Supreme Court Justice W. Patrick Falvey held in May that certain requirements cited by Sanderson were “essential” under the New York State law, to insure that only qualified voters of the Town had signed the petition. These requirements were not met, Falvey held, and the petition for a referendum was “fatally flawed.”

In July, Sauvageau appealed Falvey’s decision. That triggered the September deadline to perfect the appeal.

Monday, December 22, 2014

Campbell woman jailed for not paying child support
A Campbell woman was sentenced Tuesday (December 22) to immediate incarceration for failing to pay nearly $1150.00 in back child support.

Assistant County Attorney Steven Getman represented the support collection unit. Getman, noting that this was not the woman’s first violation, asked the court to imprison her immediately for contempt of court. At the time of court, records showed that the woman owed approximately $1149.00 in back child support.

The punishment was imposed by Family Court Judge Dennis Morris. Morris directed the woman to report to the Schuyler County jail immediately (December 22) to begin her sentence. He ordered her released at 5:00 pm on Christmas Eve, with a direction to serve two additional weekends of jail thereafter. The woman was then taken into custody under the order of commitment.

Wednesday, December 17, 2014

Court reverses shaken-baby conviction

Democrat and Chronicle (Rochester, NY):
In a ruling that could have statewide significance, a Monroe County Court judge has reversed the 2001 murder conviction of a Greece woman who was accused in the shaken-baby death of a toddler in her care.

In a decision released Tuesday morning, Judge James Piampiano ruled that the science used to convict René Bailey has changed significantly since her trial.

The ruling marks the first time a shaken-baby conviction has been overturned in New York on the basis of changing science. Lawyers have won a handful of reversals in other states in recent years...

"This would be the first time in New York that we have a head-on, squarely-facing decision saying that a major change in the science qualifies as newly discovered evidence," said Bailey's attorney, Adele Bernhard.

The complete decision can be found here.