#133 What I Was Listening To ... 40 Years Ago: May 1972 Playlist, Part 1 of 2
Looking back, the difference between what we listened to with our school friends, and what we listened to alone or with Joe, was as different as night and day. And Joe was oblivious to the fact that I was wiggin' out to "Soul Train" every Saturday afternoon, and drifting off into the ether every Sunday morning to classical music on a church organ. So, instead of a double life, it was as though I was living a musical quadruple life.
School was all about Top 40 and whatever the hell was playing on WTRY - basically whatever our slightly older brothers and sisters were listening to. Our private lives were all about the formative rock of the 60s - basically whatever our much older brothers and sisters were listening to - with tastes veering into the harder blues rock, but especially album-oriented rock. Somewhere in between, I was trying to find a place for this wonderful sound that just about everyone I knew called Black Music, which wildly ran the gamut from soulful gospel to psychedelic funk. And, even beyond that, I wanted to drag all of that great classical music from church into the mix. From the very beginning, I wanted to meld all four of these distinct subdivisions of music into one amazing vortex of sound. I wanted to cross-pollinate it all and come up with something so messed-up and exotic that it transcended everything that came before. And then I wanted to become addicted to it for the rest of my life.
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Ah, Benjamin! Where would I be without you?
Now that we've reached the fifth month into this odyssey of one hundred (100) albums, sixteen (16) of them have lost steam. In a way, this is hard to believe since the average album/compact disc has roughly twelve (12) tracks on it. Having only four (4) decent tracks means that two-thirds of the album is filler, which is a damned shame. You may feel a bit differently, especially if you are a huge fan of the artist. However, the older I get, the less likely it is that I'm willing to plow through music that I find to be boring and uninspired (and, hence, uninspiring), on the outside chance that I might find a true gem. 
While we have two (2) more affirmed cases, I'm nonetheless impressed with the statistics. Namely, the odds of having your case modified or reversed on appeal seem to be hovering right around 25%. So, at least in the Third Department, your odds are pretty decent. This is much better than the 10% that I have often quoted to my clients in the past.
Two cases: one matrimonial and the other criminal. The first tests your biases and the second your funny-bone.
It's hard to remember a time when Joe's monstrously huge record collection was unknown to me. I vaguely remember becoming aware of it when I was in kindergarten, hanging out with my best friend, John. John idolized his much older brother and followed him around like a puppy. So, it wasn't long before I followed John up to Joe's second-floor bedroom. And, unlike most older brothers I would come to know, Joe was the coolest. He actually enjoyed our attention and took the time to teach us various cool things (many of which turned out to be illegal, much to our supreme satisfaction).
I'm actually starting to get into these various criminal appeals as they are often as interesting as the family law and matrimonial law appeals (if not more so!). In fact, while the family law cases can be exceedingly dysfunctional and disturbing, nothing beats a good criminal appeal for lurid human behavior.
The first case concerns another Anders brief. It is amazing how often these things appear in the decisions.
The next pair of cases are interesting insofar as they involve the same defendant. The first case pertains to the initial period of incarceration, while the second case deals with the defendant's re-incarceration on a subsequent violation of the terms and conditions of his probation.
There are forty-one (41) 
Spring is like the adolescence of nature: it's a long messy process before you get to the fullness of summer. It entails lots of cold, wind, clouds, and rain, with lots of crazy fluctuations in temperature. The spring weekends of my youth are probably most memorable for being stuck inside the house because it was too nasty to go outside for long. And even parents, who were normally yelling at us to "get outside and play!" were resigned to the fact that spring (way back then) was largely an indoors existence spent doing one of three things: watching television, playing board games, or listening to music. Luckily, we never tired of any of these three options (sure, sure, reading was always an option, but not one we would exercise (or admit to) until we were older).
The last case of the year for 2011 is an ugly one and goes to show you just how bizarre family court cases can get. Seriously: you can't make this stuff up. Furthermore, this case marvelously illustrates how the UCCJEA works. And for those of you reading these cases on your own, this case should sound familiar (as it has been before this court twice before, in 2010 and 2011). Also, as with all lengthy cases, it is probably best to go directly to the decision and read it yourself. In fact, you should read this case just for a better understanding of how the UCCJEA operates.
First up is another denial of resentencing case, with a similar result, though with a very short (1 1/2 pages) decision.
Here are two more criminal cases. The first case is a good read if you like to see what the Third Department is like when they are angry. Even when angry, the court shows enormous restraint. But read between the lines. And wince accordingly.
In the first case, we have yet another Anders brief submitted which the Third Department does not like. Filing an Anders brief is like poking a wasps' nest with a stick: you just know you're going to regret doing it.
