Alleged vehicle vandals reject plea deal

Finger Lakes Times:

WATERLOO — Two of the four Seneca Falls men accused of vandalizing dozens of vehicles at Bill Cram Chevrolet have rejected plea deals that would have included prison time.

The attorneys for Charles Covert and Adam Graves turned down the deals Monday in Seneca County Court. The district attorney’s office asked them to plead guilty to second-degree criminal mischief, a class D felony punishable by up to seven years in prison.

If they would taken the plea, Judge Dennis Bender would have committed to a maximum sentence of 1 1⁄3 to 4 in prison for each. They would also be required to pay $90,000 in restitution along with the other co-defendants, Jonathan Klingensmith and Jonathan Taylor.

Covert, Graves, Klingensmith and Taylor are accused of damaging more than 50 vehicles during the overnight hours of March 23 and 24 at the Routes 5&20 dealership. They were arrested in May by Seneca Falls police after an investigation of nearly two months....

Covert’s Auburn-area attorney, Rome Canzano, indicated his client would testify before the grand jury. Graves’ Syracuse-area attorney, Robert Baska, didn’t say if his client would testify...

Klingensmith is being represented by Waterloo-area attorney Michael Conroy, while Taylor is being represented by Ovid-area attorney Steven Getman.

All four men are free on the county’s pretrial release program.

The charges are accusations and the defendants are presumed innocent unless and until proven guilty in court.

Man sentenced for failure to pay child support

Gannett News:

A Cattaraugus County man was sentenced to one year of probation by the Schuyler County Family Court on Tuesday (October 1) for willfully failing to pay child support…

Assistant County Attorney Steven Getman prosecuted the case for the petitioners. Evidence before the court demonstrated that the man owed over $11,000.00 in back payments on both cases.

Notice of Public Hearing: Proposed Local Law C of the Town of Ovid, 2013

NOTICE OF PUBLIC HEARING ON Proposed Local Law No. C of the Year 2013 Town of Ovid, County of Seneca, State of New York A local law to override the tax levy limit established in General Municipal Law §3-c NOTICE IS HEREBY GIVEN that the Town Board will hold a public hearing on the following proposed Local Law at the Ovid Firehouse, 2136 Brown St Ovid, NY 14521, at 7:00 p.m. on the 9 day of October, 2013: Proposed Local Law No. C of the Year 2013, Town of Ovid, County of Seneca, State of New York, “A local law to override the tax levy limit established in General Municipal Law §3-c.” The text of the proposed local as introduced is as follows: Section 1. Legislative Intent It is the intent of this local law to allow the Town of Ovid to adopt a budget for the fiscal year commencing January 1, 2014, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. The Town of Ovid is concerned about uncertainties in the existing tax cap law, including how expenditures mandated by law and expenditures and revenues controlled by the county and state interact with the tax cap, as well as increasing insurance costs over which the town’s control is limited. The town board is accountable to prepare a responsible budget, which meets the Towns obligations and provides beneficial services, while minimizing the tax burden. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Ovid, County of Seneca, State of New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2014, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. At such time and place all persons interested in the subject matter thereof will be heard concerning the same. The complete text of the proposed local law is available during normal business hours at the Office of the Town Clerk/ Ovid Firehouse, 2136 Brown St Ovid, NY 14521. Dated: Ovid, N.Y., September 12, 2013 By Order of the Town Board of the Town of Ovid James Vangalio, Town Clerk Steven Getman, Attorney for the Town of Ovid

Schuyler teens ordered to detention after drinking party allegations

From FingerLakes1.com:

A pair of Schuyler County teenagers were detained by the Family Court on Thursday, following allegations of an underage drinking party and other misbehaviors earlier this year…

Both were ordered to juvenile detention ...following applications from the county attorney’s office. Trials will be scheduled for each juvenile later in the year.

The county is being represented in the two cases by assistant county attorneys Steven Getman and Kristin Hazlitt…

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

Legal Links of interest for the week ending July 27

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

Cuomo signs bill to bolster Leandra's Law: Also on Friday, penalties for distracted driving — including driving while texting — officially increased.

Knockout' homicide trial begins in family court which operates by a different set of rules: The proceedings move at a quicker pace than adult matters in criminal court. The courtroom is also cozier, and only one case is called at a time, creating a sense of privacy not felt in adult criminal court.

Judge Invokes Obama in Blocking Detroit Bankruptcy Filing: Ingham County (Michigan) Circuit Judge Rosemary Aquilina has ruled that Detroit’s bankruptcy filing violates the state constitution’s prohibition on actions which would “diminish” pension benefits.

Jesse Ventura lawsuit vs. murdered Navy SEAL can move forward, judge says: The defense attorney had argued Ventura would be better off dropping the case, saying that going forward would give the perception that Ventura had little regard for loved ones of deceased war heroes.

Bipolar fake lawyer gets up to 3 years for impersonating attorney: The heroin-addict son of a prominent Albany lawyer had walked into a Manhattan courtroom three times at the end of last year impersonating attorney David O’Brien.

DA plans to appeal overturned hate crime homicide conviction: The Onondaga County District Attorney's office plans to ask the state's highest court to reverse an appeals court's decision to throw out the county's first hate crime homicide conviction.

Unchecked alerts from ankle bracelets on offenders have deadly results: Some agencies don't have clear protocols on how to handle the multitude of alerts, or don't always follow them. At times, officials took days to act, if they noticed at all, when criminals tampered with their bracelets or broke a curfew.

For more on each of these stories, click the links above.

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.

Sale of Seneca Falls building may be decided

Finger Lakes Times:

SENECA FALLS — The battle over the Arcade Building may be over. Supervisor Don Earle said terms of a settlement are nearing completion and should be ready by Tuesday night’s Town Board meeting.

Earle said attorney Steven Getman of Ovid, who was hired to represent the board in litigation against [the] Zoning Board of Appeals, will attend.

“I believe the settlement will involve the developer giving up the use variance he obtained from the ZBA and accepting a new variance that limits the number of units in the building,” Earle explained.

The dispute began last year when Ithaca developer Basil Vlahos put in a purchase offer for the Arcade Building at 81-83 Fall St., then owned by Jack Pross. Vlahos submitted plans to convert the three-floor building into housing units, along with two retail spaces at street level.

The town Zoning Board of Appeals approved his plans, but the Town Board objected to the number of apartments proposed

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 for the week ending March 22, 2013

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

·         Study on wrongful convictions finds prosecutorial misconduct and weak defense play a significant role: The report may be useful to practitioners to help understand how these factors come into play and how to ameliorate or alleviate them
 ·         Russia slams Texas prosecutors for not charging parents of dead adopted boy: A Texas coroner had declared the child’s death in January accidental, but Moscow demanded a complete report from U.S. officials.
 ·         Congressman objects to Seneca-Cayuga land-into-trust bid:  Rep. Tom Reed (R), Seneca County’s representative in Congress opposes the Seneca-Cayuga Tribe of Oklahoma’s application to put 230 acres of land it owns in Seneca and Cayuga counties into federal trust.
 ·         Public Access Guide to NY Courts available:  The Guide contains an application for the media when they seek to conduct coverage of court proceedings and will be available at all court clerks’ offices in the District and available at security posts on each floor of the Hall of Justice in Rochester, NY.
 ·         Red-light camera firms get heat over tickets: Legal challenges, public outcry not slowing industry growth
 ·         Stricter laws due in July to govern underage kids on social media: Sites such as Facebook will likely be forced to remove photos, audio recordings or other personal identifiers of children -- or else face stiff fines, under updates to the Children's Online Privacy Protection Act
 ·         Justices apply copyright first-sale doctrine to foreign goods: Libraries, museums, retailers and others who buy copyrighted goods made abroad can resell them without violating federal copyright law, the U.S. Supreme Court ruled yesterday.
 ·         Just how bad off are law school graduates?  There are a surprising number of job postings for lawyers that offer no salary at all, including government law jobs.

For more on each of these stories, click the links above.

Legal links of interest for the week ending March 15, 2013

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

Open meetings laws force public agencies to share more materials: The new requirement, an amendment to the state open meetings law, mandates that all public agencies make their agendas available to the public in advance of their meetings, as well as supplemental meeting materials such as resolutions or department reports.

Wife of millionaire LI real-estate mogul gets judge to ripup her prenup: Longtime divorce lawyer Raoul Felder, who has never overturned a prenup in his three-decade career and has no involvement in the Petrakis case, called the decision “really rare” and precedent setting.

Will FDA Use Obamacare to Tax Americans’ Smartphones and Tablets: Leaders of the House Energy and Commerce Committee are concerned that FDA may subject more smartphones and mobile apps to regulation as medical devices, which could result in their being taxed under Obamacare and harm the innovation and economic benefits of the U.S. mobile marketplace.

Attorney wants to exclude Jews from Abdel Hameed Shehadeh’supcoming terror trial: Lawyer Frederick Cohn will ask a judge to bar Jews from the jury hearing the case against Abdel Hameed Shehadeh, who’s accused of lying about trying to join jihadists in Pakistan.

Can lawyers ethically blog about their cases? According to the decision issued by the Virginia Supreme Court, not only can Virginia lawyers ethically blog about their cases, they can even list the names of their clients when doing so, as long as their blog includes an appropriate disclaimer.

N.Y. Schools See Decrease in U.S. News Rankings: Bob Morse, director of data research at U.S. News, attributed much of the churn to a revised methodology involving the weight given to schools' success at landing their graduates in jobs.

Judge halts mayor's soda ban, calls it 'arbitrary and capricious': Judge Tingling said New York City Mayor Michael Bloomberg and the Board of Health overstepped their bounds, to enforce rules that should be established by the legislative bodies.

 For more on each of these stories, click the links above.