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.  

Legal guide for New York property owners: recovery and rebuilding from Hurricane Sandy

The New York State Attorney General’s office  has issued a guide to New Yorkers recovering from Hurricane Sandy.  The guide includes tips on “how to avoid scams as they restore and rebuild their homes and businesses.”

The tips offered in the guide include information on hiring a reputable contractor for property clean-up and repair, as well as how to avoid and report illegal price gouging.

For more information, click here.

New York Increases Penalties for Repeat Domestic Abusers

New York State has enacted new penalties for repeat domestic abusers, including tougher standards for bail pending trial.

The law was signed on Thursday (October 25).  It creates the crime of “Aggravated Family Offense.”  Under the law defendants who commit certain offenses against family members and have a previous conviction for doing so within the past five years can be charged with a Class E felony, punishable by up to four years in prison.  The law also expands the definition of “Aggravated Harassment in the Second Degree” to include when a defendant, with intent to harass, annoy, threaten or alarm, causes physical injury to an individual, or to a family or household member of that individual.

The new law also requires judges to consider various risk factors, including access to firearms and previous violations of orders of protection, when setting bail for people accused of a family offense.

For more on the new law and its requirements click here.

Legal Links of Interest for the week ending October 12, 2012

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

·         One Million Motorists Skipped Out On $35M InUnpaid Thruway Tolls: Records reviewed through a Freedom of Information request show that the New York State Thruway Authority's finances have been hurt by its inability to recoup tolls and fines from people who zip through EZ-Pass lanes scot-free.

·         New law expands farm distilleries' salesoptions:  Gov. Andrew Cuomo signed legislation last week to allow licensed farm distilleries to sell liquor at the New York State Fair, local fairs and farmers’ markets.

·         It could become illegal to resell your iPhone 4,car or family antiques: If the Supreme Court upholds an appellate court ruling, it would mean that the copyright holders of anything you own that has been made in another country would have to give you permission to sell it.

·         New York traffic cameras use short yellow lights to increase ticket revenue: AAA New York has found that New York City intersections with cameras have yellow lights that are shorter by as much as 15 percent compared to the city standard.

·         New York Court of Appeals mulls if gang memberis a terrorist: The state’s highest court will consider whether the street gangsters who crashed a Bronx christening party, starting a fight that left a 10-year-old bystander dead, are also terrorists who deserve longer prison time.

·         Obama vs. Romney on the Supreme Court: Control of the Supreme Court, perhaps for a generation, is very much up for grab in the coming presidential election.

Legal links of Interest for the week ending October 5, 2012

A number of stories about the law and lawyers in the news this week:

Judge rejects birth mother & gives custody to partner: A Family Court judge has awarded full custody of a young child to her adopted mother, instead of her biological mom, in what is believed to be the first such New York state case involving a same sex couple. 

 Judge Rejects Binghamton’s Fracking Ban: Justice Lebous ruled that the city had failed to show that the moratorium was needed because the state has not decided whether to allow fracking. 

 Attorney General Too late for Prosecution in Securities Meltdown: While New York Attorney General Eric Schneiderman alleges massive fraud in mortgage-backed securities in a lawsuit filed this week, he’s not criminally prosecuting anyone. 

Mootness Dooms Suit Against County Attorney: A civil action accusing Madison County's part-time county attorney of self-dealing has been dismissed because the attorney has paid back some of the money and there is little likelihood the situation will arise again.
Cornell Law School Aids Undocumented Students: Cornell Law School professors and students worked to assist undocumented youth applying for deferred action — a status that, if granted, may allow thousands of undocumented immigrants living in upstate New York to temporarily be protected from deportation.

 Knox Supreme Court Decision Strengthens Worker Rights: the Court ruled 7–2 in the plaintiffs’ favor, striking down the SEIU’s fundraising scheme and reaffirming the rights of public-sector employees to refrain from supporting union politics [and] Justice Samuel Alito authored an expansive five-member opinion that raises the possibility that the Court could require unions to receive affirmative consent from nonmember employees before spending their money on politics at some point in the future.

 

 

New York Partnership to Improve Access to Legal Services for Seniors, the Disabled

 New York State officials have announced a partnership between the State Office for the Aging, the State Office of Court Administration and the New York State Bar Association to find new ways to better provide affordable legal services to senior citizens and New Yorkers with disabilities.

The partnership is expected to yield a variety of educational programs and tools, including an interactive website, a series of community forums to raise awareness about the legal issues often faced by the targeted populations, an elder preparedness self-assessment tool, an elder law treatise for attorneys and other professionals, and strategies for increasing the availability of free and low-cost legal services.

For more on the initiative click here.

New law protects New York social workers

New York State has enacted legislation to enhance the penalties for assaulting employees of a county social services district while in performance of their duties.

On Friday (August 17, 2012), Governor Cuomo signed A.4672-S.7720 and it became Chap. 434 of the Laws of 2012.

The new law extends the penalties provided for assaults against other public employees (such as police offers and school employees) to cover the safety of government workers who deliver social services. This law makes assaulting an employee of any local social services district while performing duties directly related to his or her job, a Class D felony, punishable by up to seven years in prison

Supporters of the law hope that elevating the current penalty from a misdemeanor to a felony will help serve as a deterrent to those that would use physical force against those who work to protect children and seniors.

The law goes into effect on Nov. 1, 2012. For more on the new law, click here.

State designates first Seneca Lake Scenic Byway

Finger Lakes Media:

An 18 mile stretch of Route 414, between Watkins Glen and Lodi, was made an official scenic byway, Thursday, Aug. 2.

The New York State Senate approved the legislation in late March. It was given final legislative approval in early June by the assembly and was signed by Gov. Andrew Cuomo last Thursday. A group of residents from around Hector, Lodi, and Trumansburg started the campaign to make it a scenic highway 10 years ago....

Steven Getman, scenic byway group member, thanked the state senators and assembly members who sponsored the bill.

He said, “Their dedication and sponsorship of this bill will no doubt enhance tourism and local business. It will assist our region in promoting and maintaining the quality of life along Route 414.”

For more on the Seneca Lake Scenic Byway, click here.

New York’s DNA databank expansion now in effect

On Wednesday (August 1), New York State’s all-crimes DNA bill went into effect.

This law makes New York the first state in the nation to require collection of DNA samples from anyone convicted of a felony or misdemeanor. Previously, less than half of all defendants convicted of a Penal Law offense were required to provide a DNA sample.

Even with its limited information, the DNA databank provided leads in nearly over two thousand convictions. DNA evidence has also led to the exoneration of nearly thirty New Yorkers who were wrongly convicted.

It is believed that a complete DNA databank will be even more effective in helping to convict the guilty, exonerating the innocent, and giving attorneys and court officials more reliable evidence to better protect the rights of all New Yorkers.

For more information on the new DNA law click here.