New Yorkers warned of cryptocurrency scammers

Brooklyn DA warns New Yorkers of cryptocurrency scammers:

Scammers use different techniques, including dating apps. During the press conference, the DA's office showed recorded testimony of several victims, including an anonymous woman who said she fell prey to a crypto scam through the dating app Bumble, and ultimately lost about $118,000.

Scammers also use group chat apps such as we chat, WhatsApp or Telegram to add victims to what appear to be legitimate chats about crypto investments. One man said this happened to him on Facebook.

Law enforcement officials said it is also hard to recover stolen funds.

Last year, the NYPD reported 50 cases, but officials believe that's an undercount, as shame usually deters most victims of crypto scams from reporting the crimes to law enforcement officials.

The FBI estimates that last year over $3 billion have been stolen from U.S. residents due to crypto scams.

2022 National Domestic Violence Prosecution Conference Announced

The Association of Prosecuting Attorneys and the Domestic Violence (DV) Prosecution Committee will host the Fourth National Domestic Violence Prosecution Conference on May 23-25, 2022 in Villanova, Pennsylvania:

The conference is meant to bring together practitioners to provide a forum for deeper learning of enhanced strategies for the

investigation and prosecution of DV-related crimes. Consisting of various presentations, group discussions, and resource-sharing opportunities, the convening will provide attendees with a chance to strengthen their understanding of the intricacies and data-driven approach to DV investigation and prosecution over the course of two and a half days. Topics will include the connection between DV and violent crime, how to handle victim recantation, and special considerations for virtual hearings.

This conference is intended for prosecutors and victim advocates involved in the prosecution of DV-related crimes.

Learn more and register here.

Schuyler County moving forward with centralized arraignment plan for local criminal courts

Schuyler County has received notification that New York State Chief Administrative Judge Lawrence Marks and the Office of Court Administration Administrative Board have given final approval to the county’s Centralized Arraignment Part plan for after-hours arrests. The county is currently targeting Monday March 30 for the first day of operations.

The plan is part of the county’s ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

The plan was endorsed by the Schuyler County legislature at its February 10 meeting. All legislators in attendance voted for the measure.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the legislature’s resolution of support noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution supporting the plan is available here.

Schuyler County supports centralized arraignment plan for local criminal courts

As part of its ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants, the Schuyler County legislature has endorsed a process for implementing a centralized arraignment program for after-hours arrests.

The vote took place Monday (February 10, 2020). All legislators in attendance supported the measure.

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the resolution noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan, which will be implemented later this year, is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution is available below:

Schuyler County supports ce... by Steven Getman on Scribd

Third National Domestic Violence Prosecution Conference announced

The Association of Prosecuting Attorneys (APA) is hosting its third National Domestic Violence Prosecution Conference on May 15-17, 2019 in Denver, Colorado.

The conference will focus on three domestic violence related themes:

• Staff Management;
• Practical Skills;
• Solutions & Innovations.

Faculty members will facilitate discussion and train participants on practical strategies and model practices.

The registration fee is $305 for APA members and $345 for non-members.

For more information, click here.

New Measures to Enhance the Delivery of Justice in New York Criminal Cases

Implementation of New Measure Aimed at Enhancing the Delivery of Justice in Criminal Cases:

To help prevent wrongful convictions and enhance the delivery of justice in criminal matters, Chief Judge Janet DiFiore today announced the adoption of new rules that will

require judges presiding over criminal trials to issue an order notifying and reminding prosecutors and defense attorneys appearing before them of their professional responsibilities....

Trial court judges in applicable cases will issue an order to the prosecutor responsible for the case to timely disclose exculpatory evidence favorable to the accused − called Brady material (referring to the landmark U.S. Supreme Court decision Brady v. Maryland, that in criminal cases prosecutors must disclose all evidence that could be materially favorable to the defense) − as required by the federal and state constitutions, statutory and ethical rules....

Additionally, trial judges in criminal cases will be required to issue a directive focusing on the defense counsel’s obligations to provide constitutionally effective representation in the case, such as keeping the client informed about the case, providing reasonable advice regarding any plea offers, and performing a reasonable investigation of both the facts and law pertinent to the case.

Read more here.

Weinstein-DA funding controversy helps inspire reform measures

New York Daily News:

As Manhattan District Attorney Cy Vance's campaign contributions have come under scrutiny, a state assemblyman said he’s introducing a bill to reign in how much New York prosecutors can accept in donations from defense attorneys.

The bill by Assemblyman Dan Quart (D-Manhattan) would create a statewide database of lawyers and law firms who have criminal defense practices. Those on the list would be barred from giving more than $320 an election cycle to district attorney candidates.

It also would prohibit lawyers and firms from bundling donations on behalf of district attorney candidates...

Vance has been criticized for taking contributions from defense lawyers whose clients -- [including] disgraced Hollywood mogul Harvey Weinstein -- were targets of criminal probes that did not yield prosecutions.

Karlsen case: Seneca County murder conviction upheld on appeal

The People of the State of New York, respondent, v Karl Karlsen, Defendant-Appellant. Memorandum and Order:

An appeal from a judgment of the Seneca County Court, rendered December 16, 2013. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.

Karlsen’s conviction, for murdering his own son, was unanimously affirmed by the Supreme Court, Appellate Division, Fourth Department.

The defendant was represented on appeal by D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando Of Counsel). The People were represented by Seneca County District Attorney Barry Porsch.

Counties’, District Attorney’s, associations call on New York State to cure unfunded salary mandate

The New York State Association of Counties (NYSAC) and the District Attorneys Association of the State of New York (DAASNY) have sent a joint letter to state leaders asking them to enact a chapter amendment to the State Budget or separate legislation that will provide state reimbursement to counties for the mandated DA salary increase.

Recently, the NYS Commission on Legislative, Judicial and Executive Compensation voted to recommend an increase in state judge’s salaries in 2016 and 2018. Without objection by the State, the recommendations became law on April 1, 2016.

Of concern to county government is the state law that links District Attorney salaries to judicial salaries. Historically, when the State has adjusted the judicial salaries, it has reimbursed counties for the increase in DA salaries through the State Budget. Unfortunately, the recently enacted state budget does not cover the recent increases.

The letter notes:

DAs are entitled to the fair and just compensation pursuant to law for fulfilling the state constitutional and statutory duties related to the enforcement of the State Penal Law. However, any state mandated increase to a local government official’s salary, as a matter of equity and fairness, must be met by the State… While the $1.6 million may seem miniscule in the face of a $150 billion spending plan, it amounts to a significant portion of a county’s allowable tax growth under the state-imposed property tax cap.

It has been reported that the mandate will hit smaller counties especially hard.

For more on this unfunded mandate, click here.

Pretrial hearings to begin for alleged sexual predator

Finger Lakes Times:

WATERLOO — Pretrial hearings for a town resident accused of sexually abusing at least two young children will be held next month.

Ronald T. Spoor appeared briefly in Seneca County Court Monday (November 25). County Judge Dennis Bender scheduled Huntley and Sandoval hearings for Dec. 13.

A Huntley hearing reviews the manner in which police obtain statements and evidence from a defendant, and whether they can be used at trial. A Sandoval hearing determines which portions of a defendant’s criminal record can be addressed by the prosecution if the defendant testifies at trial.

No date has been set for Spoor’s trial.

Ovid-area attorney Steven Getman is representing Spoor.

The charges against the defendant are accusations and the defendant is presumed innocent until and unless he is proven guilty in a court of law.

Legal links of interest for the week ending June 7, 2013

Some of the stories about courts, the law and lawyers in the news this past week:

City's red light camera program may be challenged in court: lawsuit claims program denies constitutional right to due process.

When court takes up privacy, Scalia finds himself with unlikely teammates: Scalia, with those three liberal justices joining him, said that DNA sampling constitutes an impermissible search under the Fourth Amendment.

New York's Court of Appeals asked to hear fracking home rule cases: Attorneys for Norse Energy and an Otsego County farmer made the filing, asking the state’s highest court to take on the cases of upstate towns that changed their zoning laws in 2011 to ban hydrofracking and gas drilling

Ohio prosecutor fired after posing as an accused killer's girlfriend on Facebook: A prosecutor in Ohio has reportedly been fired after admitting to a chat with an accused killer’s alibi witnesses in an attempt to persuade them to change their testimony.

Judge's ruling challenges US transplant system: a federal judge has allowed one dying child - and a day later another - to essentially jump the line in rulings that could have ramifications for thousands of people awaiting new organs.

How the IRS scandal may damage anti-terror data mining: A Cornell law professor argues that explanations and justifications which might have worked in the past no longer are enough, thanks to the IRS.

Suppression hearing held in assault weapon case

Finger Lakes Times:

A seat belt violation and a broken taillight led to the traffic stop that uncovered two rifles, including an assault weapon, stolen from a Seneca Falls apartment complex last fall.

That was the testimony of several Seneca Falls police officers during a suppression hearing Friday for Gary Goodman in Seneca County Court. The Waterloo man, formerly of Geneva, faces charges of criminal possession of a weapon and criminal possession of stolen property….

Local attorney Steven Getman is representing Goodman. Getman is contesting the legality of the search....

Judge Dennis Bender gave [District Attorney Barry] Porsch and Getman 20 days to submit written briefs on the hearing, after which he will issue a decision.

Goodman remains in the county jail in lieu of $10,000 bail or $20,000 bond.

Legal links of interest: week ending November 16, 2012

Some of the stories about the law and lawyers in the news this past week:

District Attorney acted in porn movies: Mark Suben, the Cortland County district attorney, admitted he acted in pornographic movies in the 1970s after denying it during his campaign.

Ranchers, farmers brace for 'death tax' impact: When the Bush-era tax rates expire in January, rates increase to 55 percent on estates of $1 million or more, impacting family farms.

Eight guilty pleas in$1 Million identity theft scheme: The identity theft ring used the stolen identities of hundreds of innocent victims, produced fake driver’s licenses, and stole over $1 million in merchandise, gift cards and store credits at Home Depot, Sears, Kmart, Kohl’s and other retail stores. 

Judge weighs delay in Penn St. whistleblower suit: A judge plans to rule within two weeks on Penn State's request to delay the whistleblower and defamation case filed by former assistant football coach Mike McQueary.

Supreme Court grantsreview in important Voting Rights Act case: Critics charge the provision at issue is used to create racially gerrymandered, segregated voting districts.