Tuesday, December 26, 2017

Doctor who operated a Pill Mill for persons addicted to opioids convicted of Manslaughter for overdose deaths

The New York State Supreme Court, Appellate Division First Department, has determined that a doctor accused of operation of a "pill mill" for persons addicted to opioids and Xanax, was properly convicted of manslaughter in the overdose deaths of two persons to whom he had supplied drugs:
At bottom, all that was needed for the manslaughter charge to be sustained was for the People to satisfy its elements. That is, that defendant was 'aware of and consciously disregard[ed] a substantial and unjustifiable risk that [death] [would] occur . . . The risk [being] of such nature and degree that disregard thereof constitute[d] a gross deviation from the standard of conduct that a reasonable person would observe in the situation' ... . The question then becomes whether the People presented sufficient evidence to establish that defendant consciously disregarded the risk that [the addicts] would die as a result of his prescribing practices. ...
People v. Stan XuHui Li, 2017 N.Y. Slip Op. 08438, First Dept 11-30-17

Monday, December 18, 2017

If Buying Gift Cards, Read the Fine Print

New York State officials are urging consumers to read the fine print on gift cards this holiday season for details about fees and expiration dates.

The cards may have terms and conditions that can decrease their value. These may include charging:

• Service fees when the card is purchased;
• Dormancy fees if the gift card is not used within a certain period of time;
• Fees to call and check the balance remaining on the card; and
• Replacement fees for lost or stolen gift cards.
For more on how to protect gift card recipients click here.

Thursday, December 14, 2017

New York State Court of Appeals holds that juries must be charged on cross-racial indentification

Finding a "near consensus among cognitive and social psychologists that people have significantly greater difficulty in accurately identifying members of a different race than in accurately identifying members of their own race," the New York State Court of Appeals ruled Thursday (December 14) that "when identification is an issue in a criminal case and the identifying witness and defendant appear to be of different races, upon request, a party is entitled to a charge on cross-racial identification."

The ruling comes in the case of People v Otis Boone.

Monday, December 11, 2017

Seneca County, Towns of Covert and Ovid: Notice of Public Hearing

The Town of Covert will hold a public hearing on December 11, 2017 at 7:00 pm at the Covert Town Hall, Interlaken, New York.

The purpose of the public hearing is to hear commons on the 2018 Fire/Ambulance agreement between the Town of Covert, Town of Ulysses and Town of Ovid.

All interested person will be given an opportunity to be heard.

For more information, click the image.

Thursday, December 7, 2017

Seneca County Sheriff warns of scams

Seneca County Sheriff Tim Luce is alerting people about recent scams.
Holiday season is also scam season. Scammers will call, email or mail communications that are false in order to steal from the recipients.

They often pose as sweepstakes officials, police, IRS agents and even representatives of

utility companies like cable, internet and power.

Recently a call was received in Waterloo from a scammer posing as a cable T.V. and internet provider.

The callers ultimately try to obtain personal information such as dates of birth, social security numbers, account numbers, etc. They may also try and get you to send money and offer “to good to be true” deals.

The sheriff warns all citizens to be wary of these scams and to report any suspicious calls to law enforcement as soon as possible. Scammers can be very persistent; if you give them even partial information it can trigger more calls.

Monday, December 4, 2017

New York Court System Releases Report on Status, Reforms

The New York State Unified Court System recently released its annual report.

It provides an update on the "Excellence Initiative," to streamline caseloads in the New York court system.

The also includes a summary of

the "standards and goals," including benchmarks of 90 days for misdemeanors and 180 days from indictment for felonies. In addition, the report highlights the state's Access to Justice Program and volunteer attorney activities, the Pro Bono Scholars Program, and efforts to support specialty courts.

Finally, the document contains a section on caseload activity of the entire court system.

The complete report can be found here.