ATTORNEY ADVERTISING
PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

#580 Third Department Caselaw Round-Up for April 18, 2013

April 20, 2014

579 Post 04-18-13 Third Department April.pngAs much as I love delving deep into a complicated decision, which might entail reading it a half-dozen times to fully glean every last nugget of wit and wisdom from it, it is refreshing every now and then to have a brief decision to review in a single reading and then move on to the next one. So, here's another Anders brief.

Continue reading "#580 Third Department Caselaw Round-Up for April 18, 2013" »

#579 Third Department Caselaw Round-Up for April 18, 2013

April 19, 2014

578 Post 04-18-13 Third Department April.pngEver wonder what would happen if you took a plea deal, made bail, and decided that you wanted to indulge in some irresponsible behavior, and then decided that you really didn't want to appear for your sentencing? Well, wonder no further.

Continue reading "#579 Third Department Caselaw Round-Up for April 18, 2013" »

#578 Third Department Caselaw Round-Up for April 18, 2013

April 18, 2014

577 Post 04-18-13 Third Department April.pngWow. I've now analyzed 500 decisions from the Third Department. Hopefully, that's just the beginning in a long line of these wonderful decisions. As I have repeatedly mentioned, they are issued almost every Thursday, usually in the early afternoon. And, like clockwork, every Thursday I eagerly await lunchtime so I can get on the computer and check out the Third Department's website. Some weeks are slim pickings while other weeks have almost two dozen pertinent cases to look at.

To me, every Thursday is as though the Third Department has issued an anthology of its work - a package of short stories to both educate and entertain. But that's just me.

Continue reading "#578 Third Department Caselaw Round-Up for April 18, 2013" »

#577 Third Department Caselaw Round-Up for April 18, 2013

April 17, 2014

576 Post 04-18-13 Third Department April.pngI guess it's been a while since we've seen an Anders Brief. Well, wait no longer.

Continue reading "#577 Third Department Caselaw Round-Up for April 18, 2013" »

#576 Third Department Caselaw Round-Up for April 11, 2013

April 16, 2014

575 Post 04-11-13 Third Department April.pngWhile this case is ostensibly one involving a sex offender, it's really more about how much stupid can be stored in a single person.

Continue reading "#576 Third Department Caselaw Round-Up for April 11, 2013" »

#575 Third Department Caselaw Round-Up for April 11, 2013

April 16, 2014

574 Post 04-11-13 Third Department April.pngIf the issue of children being sexually abused isn't horrible enough, here is a case wherein a child is brutally beaten and killed. When I first read this decision, I thought the defendant was a monster. Upon further readings, I think the defendant is just a normal human being who, when he lost control of his temper, also lost all sense of proportionality as he handed out a fatal beating to a young child. No anger management skills + few parenting skills = horrible consequences. This happens all too often.

Continue reading "#575 Third Department Caselaw Round-Up for April 11, 2013" »

#574 Third Department Caselaw Round-Up for April 11, 2013

April 14, 2014

573 Post 04-11-13 Third Department April.pngIt's sex offender time once again. Which means it's time once again to pretend to engage in due process.

Continue reading "#574 Third Department Caselaw Round-Up for April 11, 2013" »

#573 Third Department Caselaw Round-Up for April 11, 2013

April 13, 2014

572 Post 04-11-13 Third Department April.pngGet ready for another really sick one. And it gives the phrase "snuggle time" a horrible new meaning.

Continue reading "#573 Third Department Caselaw Round-Up for April 11, 2013" »

#572 Five Berobed Monkeys Flinging Poo

April 12, 2014

572 Post Depositphotos_12068086_xs.jpgOh, dear, oh, dear
What can we do?
Five berobed monkeys flinging poo

I came to the court
But wound up in the zoo
Five berobed monkeys flinging poo

"All time is money
Now all votes are, too"
Five berobed monkeys flinging poo

"Your blood is red
But our favorite is blue"
Five berobed monkeys flinging poo

"Who pays the piper
Will now call the tune"
Five berobed monkeys flinging poo

"The world's going green
So go get a clue"
Five berobed monkeys flinging poo

"You'd best move along
There's nothing to do"
Five berobed monkeys flinging poo

And there they all sit
High on their perches
Flinging their poo
As each one besmirches
Their oaths and their robes
The public's good will
So blithely debauched
And prideful until ...

Oh, dear, oh, dear
What can we do?
Five berobed monkeys flinging poo

Continue reading "#572 Five Berobed Monkeys Flinging Poo" »

#571 Third Department Caselaw Round-Up for April 4, 2013

April 11, 2014

571 Post 04-04-13 Third Department April.pngAnd here we are at last: an appeal of mine. I remember it well. I agonized over submitting an Anders brief on this one simply because there was so little to work with. And, largely because I have now reached the point where I loathe submitting Anders briefs wherever and whenever I can, I opted to get a bit creative. Not to worry: the Third Department saw right through me. So, why did I do it? Sorry, but I could not let such a beautiful fact pattern go to waste. I mean, c'mon! How many times are you going to get the chance to tell the tale of a guy with a machine gun - a machine gun! - in his trunk!?

Continue reading "#571 Third Department Caselaw Round-Up for April 4, 2013" »

#570 Third Department Caselaw Round-Up for April 4, 2013

April 10, 2014

570 Post 04-04-13 Third Department April.pngAnd now for something not so completely different: a level 3 sex offender. Also, when something specific is mentioned in a piece of writing, it's almost always mentioned for a particular reason. Otherwise, why bother to mention it when you could simply gloss over it with a generality. No, my guess is that some judge or chief clerk in the Third Department is not overly fond of ... dare I say it? ... Chuck E. Cheese.

Continue reading "#570 Third Department Caselaw Round-Up for April 4, 2013" »

#569 Third Department Caselaw Round-Up for April 4, 2013

April 9, 2014

569 Post 04-04-13 Third Department April.pngThis is a depraved one, so you've been forewarned. Just reading this decision made me cringe. I simply cannot comprehend how children can be perceived as sexual objects by other humans. Sure, there's a fine line between 18 and 19 and all that jazz. Yes, that's a wonderful distinction I've heard from far too many past clients. But, what about 4? Sickening. And if you really want to wallow in disgust, make sure to read the footnotes.

Continue reading "#569 Third Department Caselaw Round-Up for April 4, 2013" »

#568 Third Department Caselaw Round-Up for April 4, 2013

April 8, 2014

568 Post 04-04-13 Third Department April.pngHere's another short one and it stands for two simple propositions: 1) if you want to appeal an order, then you need to file a timely notice of appeal and 2) if you want the appeal to be timely, then you had best perfect it before the underlying order expires, thereby, in all likelihood, rendering your appeal moot.

Continue reading "#568 Third Department Caselaw Round-Up for April 4, 2013" »

#567 Third Department Caselaw Round-Up for April 4, 2013

April 7, 2014

567 Post 04-04-13 Third Department April.pngTime to get back to the Caselaw Round-Ups. I feel like Alice in Wonderland - having to keep running just to stay in the same place, in this case, about a year behind. It's hard to find the time to write more than one post per day but, until I do, it looks as though I will be a year behind the curve.

Here's a very short decision to get us started on a new month.

Continue reading "#567 Third Department Caselaw Round-Up for April 4, 2013" »

#566 In Memoriam: March 2014 Deaths

April 6, 2014

Only one obituary for March, which is odd.

566 Post-1 Depositphotos_2071841_XS.jpg134. David Brenner, 78, February 4, 1936 - March 15, 2014:
Comedian; American comedian; cancer

I remember this guy from his many, many appearances on "The Tonight Show", back when Johnny Carson ruled the roost. I never knew that he originally started out in life as a director and producer of over 100 documentaries, which is pretty much all that he did in the 60s. By the late 60s, he jumped right into comedy and he seemed to be everywhere on television in the 70s. His humor was infectious and he was one of my favorite "clean" comedians back then, though the "dirty" comedians - George Carlin and Richard Pryor - kicked his ass seven ways to Sunday.

If you remember his routines, you realize that he was a huge influence on latter-day comedians like Richard Lewis and, especially, Jerry Seinfeld. In fact, I would go so far as to say that Seinfeld carried the arc of Brenner's comedy to its ultimate conclusion in the form of a sitcom spanning nine seasons which was all about nothing in particular - and funny as all hell.

Actually, truth be told, I thought Brenner died a few years ago. Guess I was wrong.

Continue reading "#566 In Memoriam: March 2014 Deaths" »