Driving While Intoxicated Conviction Dismissed as Legally Insufficient
The Defendant was charged with "Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs in violation of VTL §§ 1192(1), 1192(2) and 1192(3)." Although it may seem trivial, part of the criminal allegations against criminal defendant must include that the Defendant actually operated a vehicle. Yes, for one to be convicted of Driving Under the Influence, Operating a Motor Vehicle Under the Influence of Alcohol or Drugs, in New York, the People must alleged that t
Prosecutor's Powerpoint did not deprive Defendant of Fair Trial
Criminal trials are tense and (there are books written regarding this one topic) prosecutor's statements may sometimes inappropriately impact the juror's good sense in coming to a fair decision. At the same time, Criminal Defendants, once convicted of a crime, will often look for many different reasons to appeal their sentence, from deprivation of a fair trial to the mishandling of the jury's question. Those found guilty of a crime usually have ample time to do this while inc
New York Freedom of Information Law Reasonable Attorney's Fees Award Litigated
Under the New York Freedom of Information Law, also known as FOIL, the public has the right to request certain government agency records. "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society." Public Officers Law Section 84. Should such requests by the public not be honored, there is the right to appeal the denial or constructive denial of a FOIL request. Should a F
Broken Staircase causes Serious Injuries - Adverse Inference for Failure to Preserve Evidence Relati
The case is a personal injury case which occurred on broken stairs in Bronx County, New York. Not so much a slip and fall, the Plaintiff was injured on a broken stair case. As is often the case, when a person sustains a serious injury, someone inspects the site where the serious injury occurred. It is of vital importance that both the counsel for the injured party as well as the counsel for the negligent party inspect the site at which the injury occurred and preserve evidenc
FOIL: Bill De Blasio must produce correspondence under NY Freedom of Information Law
Under New York's Freedom of Information Law is codified within the New York Public Officers Law. It was enacted in 1977 and the legislature stated that "a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government." Since then, open access to agency records, under the Ne
