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

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.

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.

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.

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.

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.

Supreme Court cellphone tracking case to redefine privacy in the digital age

Washington Post:

The Supreme Court will hear arguments this Wednesday in Carpenter v. United States, a criminal case testing the scope of the Fourth Amendment's right to privacy in the digital age....

The defendant was convicted of leading a gang of robbers. The prosecution produced cellphone-tower data that tracked the whereabouts of Carpenter's cellphone for more than four months and placed him at or near the sites of a string of armed robberies. The police acquired the data from Carpenter's wireless carriers without a warrant showing probable cause.

A majority of the U.S. Court of Appeals for the 6th Circuit held that ...Carpenter had voluntarily conveyed data revealing his location to wireless carriers -- the third-party operators of the cell towers. He knew, or should have known, that the wireless carriers were free to track his locations and furnish the information to the police.

Veterans Law Clinic Announced at Hofstra Law

The Robert W. Entenmann Veterans Law Clinic will become a clearinghouse for veterans services, providing legal assistance and connecting them to vital medical, social service and mental health resources. It is being supported by a $500,000 gift through the Entenmann family, and is named in memory of Robert W. Entenmann.

The Veterans Law Clinic assists veterans with legal services related to physical and psychological challenges, including traumatic brain injury, post-traumatic stress disorder, and other injuries incurred during military service. The clinic helps veterans obtain health care benefits, including cases to obtain Veterans Administration benefits, appeal denials of disability compensation claims, and request increased compensation.

The clinic will also use web-based software to create a virtual clinic to increase its capacity to provide services to those veterans whose mobility may be limited. In addition, the clinic will develop a number of legal resources for veterans, such as “Know Your Legal Rights” guides, will form relationships with other community stakeholders to collaborate and integrate services, and will organize outreach events to expand the veterans’ support network.

For more information, click here.

Statewide ban on e-cigarettes indoors in New York starts today

© 2017 Advance Media New York:

A statewide ban on using e-cigarettes indoors in New York takes effect today.

Gov. Andrew Cuomo signed a new law last month adding e-cigarettes to the state's Clean Indoor Air Act... Vaping is now banned in the workplace, on public transportation, indoors at all public and private colleges and in other areas.

It is also now banned in outdoor areas where smoking is also forbidden.

More on the new law here and 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.