New York Appeals Court: Holding a GPS Device While Driving Violates Vehicle and Traffic Law

Matter of Clark v. New York State Dept. of Motor Vehs., 2017 N.Y. Slip Op. 05133, 3rd Dept 6-22-17:

Petitioner was issued a summons for operating a motor vehicle while using a portable electronic device in violation of Vehicle and Traffic Law § 1225-d after a police officer observed him driving while holding a global positioning system (hereinafter GPS) device in his right hand. Petitioner pleaded not guilty to the charge and, following a hearing before the Administrative Adjudication Bureau of respondent Department of Motor Vehicles, an Administrative Law Judge found petitioner guilty....

(A) hand-held GPS device meets the statutory definition of a "portable electronic device" inasmuch as it is a "hand-held device with mobile data access" (Vehicle and Traffic Law § 1225-d [2] [a]). In our view, it is mobile and receives data to

calculate a driver's geographical location and to communicate directions. Moreover, a review of the pertinent legislative history regarding Vehicle and Traffic Law § 1225-d [*2]demonstrates that the Legislature intended Vehicle and Traffic Law § 1225-d (2) (a) to encompass any portable electronic device that diverts a driver's attention away from the road and prevents the full use of a driver's hands (see Assembly Mem in Support, Bill Jacket, L 2009, ch 403 at 14; Letter from Dept of Motor Vehicles, Bill Jacket, L 2009, ch 403 at 20). Thus, we are satisfied that the Appeals Board's interpretation of Vehicle and Traffic Law § 1225-d (2) (a) as encompassing a hand-held GPS device was rational (see generally Matter of Fineway Supermarkets v State Liq. Auth., 48 NY2d 464, 468 [1979]; Matter of Bonhomme v New York State Liq. Auth., 221 AD2d 882, 883 [1995]).

We also agree that there is ample support for the Appeals Board's determination that petitioner was using the GPS device. Petitioner concedes that, while he was driving, he was holding the device in his hand and "view[ing] the GPS navigation system to read directions." Accordingly, we find that the determination was supported by substantial evidence (see generally Matter of Hollinger v New York State Dept. of Motor Vehs., 18 AD3d 1012, 1013 [2015]; Matter of Carota Enters. v Jackson, 241 AD2d 667, 668 [1997]). Petitioner's remaining contentions have been reviewed and found to be lacking in merit. 

New York State Bar Association supports a Constitutional Convention

The New York State Bar Association supports a Constitutional Convention to restructure the NYS judiciary, enhance voter participation and modernize and streamline the New York State constitution:

The New York State Bar Association is calling for a state Constitutional Convention, because New York “should not forfeit this rare, generational opportunity to modernize and significantly improve the Constitution that forms the foundation of state government.”
On November 7, New Yorkers will vote on whether to authorize a Constitutional Convention which, if approved, would be the state's 10th Constitutional Convention since 1777.
At its June 17, 2017 meeting in Cooperstown, the Association's House of Delegates voted 111 to 28 (with one member abstaining) to endorse a Constitutional Convention, or “ConCon.” A day earlier, its Executive Committee voted unanimously to support a convention.

For more on the Constitutional Convention process, click here.

Trauma Information for Child Welfare Attorneys

In collaboration with the National Child Trauma Stress Network's Justice Consortium Attorney Work Group, the ABA Center on Children and the Law recently released Trauma: What Child Welfare Attorneys Should Know.

This resource is meant to "strengthen advocacy, improve attorney-client relationships, and promote appropriate screening, in-depth assessment, and evidence-based treatment" by advancing the policy of trauma-informed practice. Practice tips include suggestions for targeted advocacy in response to a client's exposure to traumatic events.

Additionally, information regarding secondary traumatic stress is provided to prevent or address this issue for those who work in the child welfare system.

Seneca County: Weapons, drugs seized in raid

Finger Lakes Times:

LODI — In one of the biggest busts in Seneca County this year, police seized thousands of dollars worth of drugs and money, along with numerous weapons, while arresting three people Wednesday.
Seneca County Undersheriff John Cleere said the arrests followed an extensive drug investigation by the sheriff’s office narcotics unit and execution of a search warrant at a mobile home on Keady Road.
Police said they seized nearly $5,000 worth of cocaine in both powdered and crack form; nearly $3,500 in cash; drug paraphernalia; drug-packaging material; digital scales; imitation pistols; throwing knives; a dagger; metal knuckles; a kung fu star; and varying quantities of Suboxone, alprazolam, oxycodone, amphetamine and methylphenidate.

New guide clarifies laws on service animals

The New York City Bar Association and the New York State Bar Association have released a guide intended to clarify the legal rights and obligations of individuals and institutions in connection with the use of service animals in the state:

The “Guide to the Use of Service Animals in New York State” recognizes that various federal, state and local laws address service animal use in differing manners.

The Guide is intended to clarify the existing laws for: individuals with disabilities who use service animals; those who train service animals; and those who must accommodate them, such as employers, landlords, merchants and places of public accommodation. It also offers guidance to lawmakers, government officials, attorneys and the courts. The Guide provides a review of rights and remedies under comparative federal, state and local human rights laws. Its extensive endnotes likely will be cited by attorneys and judges.
The City and State Bar Associations have posted the Guide on their respective websites and they encourage the downloading, copying and distribution of the Guide throughout the state. Both associations expect to hold programs on how to apply the information in the Guide to situations of particular interest.

For more information, click here.

From the White House to your Home Town: legislative updates in Schuyler County

The Watkins Glen Area Chamber of Commerce:

(L)earn more about what’s happening across the state and the country on Thursday, June 29 at Seneca Lodge in Watkins Glen at an event called "From the White House to Your Home Town - legislative updates and a conversation with your elected officials.
Senator Tom O’Mara, Assemblyman Phil Palmesano, and Alison Hunt from Congressman Tom Reed’s Office will discuss the current state of affairs and 2017 priorities. They will also provide updates on action at the federal and state level impact our local communities.

For more information, click here.

Seneca County man who murdered son for money loses appeal

The Auburn Citizen reports that "The state's highest court has rejected an appeal from Karl Karlsen, a 56-year-old Seneca County man who admitted to killing his son so he could collect insurance money."

Karlsen pleaded guilty to second-degree murder in November 2013. At the time, Karlsen admitted to killing his 23-year-old son, Levi Karlsen, in 2008, when he intentionally caused a pick-up truck to fall off a jack and land on his son's chest.

During his plea, Karl Karlsen said he had obtained a $700,000 life insurance policy on his son's life roughly two weeks before the murder.... He was sentenced to 15 years to life in prison.

In an appeal, attorney John Cirando argued that Karl Karlsen was improperly denied an attorney during police interrogations and that his statements to police were not voluntary. In addition, Cirando said his client's statements to his estranged wife should have been precluded under the spousal privilege law, that he did not waive his Miranda rights and that his guilty plea was not knowing or intelligent due to a lack of effective counsel.

On June 6, the state Court of Appeals denied the appeal, upholding the rulings of the lower courts.

Suspectology: Getting into the Child Sexual Offender’s Mind to Improve Interview Strategies

Getting into the mind of a child sexual offender can increase the success law enforcement may have when interviewing the offender and investigating the case.

This webinar, sponsored by the Association of Prosecuting Attorneys, will explore the background of child sexual abuse, factors affecting child sexual offenders, and discuss and distinguish the terms “child molester” and “pedophile.”

The workshop will also identify common child sexual abuse se defenses and law enforcement strategies, and discuss how a deeper understanding of the child sexual abuser typologies and factors can improve offender interview strategies.

For more on this program, click here.

Fake ID and Underage Drinking Sweeps at Summer Concerts Across New York

New York State officials have launched "Operation Prevent," a 2017 summer concert crack down in conjunction with local law enforcement:

Investigators will continue to conduct sweeps at venues this summer including SPAC, Darien Lake, Jones Beach, Canalside in Buffalo, CMAC in Canandaigua and the Lakeview Amphitheater in Syracuse, as well as other events where underage concertgoers are likely to gather. DMV's Division of Field Investigation perform the investigations in partnership with the State Liquor Authority, New York State Park Police, New York State Police, and local law enforcement agencies.

During the concert season, DMV investigators work with the SLA and law enforcement entities to check identification documents. Patrons under the age of 21 found to be using fake IDs or false documents to purchase alcoholic beverages can be arrested and risk having their license revoked for a minimum of 90 days or up to one year. Investigators from DMV, the SLA, and other entities use portable document verification machines to conduct forensic examinations of suspect documents using white light, UV light, and infrared light sources.

Already, fraudulent licenses from New York, Rhode Island, Illinois, Pennsylvania, Florida, Maryland, New Jersey, Connecticut and Florida have been recovered.

Seneca County's Woofstock grows into a must for dog lovers

The Ithaca Journal:

The fifth annual Woofstock, at Americana Vineyards Winery, 4367 East Covert Road in Interlaken, happens from noon to 7 p.m. Saturday, rain or shine. This year, a crowd of 2,000 is anticipated, a throng more than six times greater than five years ago....

Woofstock will benefit the Beverly Animal Shelter in Waterloo; Browncoat Cat Rescue in Ithaca; Fetch a Friend Rescue in Seneca Falls; Pet the Pet Program in Trumansburg; and Meals for Mutts in Webster.

For more on this event, click here.