From the Clutch Group. Smart solutions. No borders.
"We are looking to staff an HOUR INTENSIVE document review project starting IMMEDIATELY! Interviews will start today!
Must be able to interview with our client in Midtown today. Further, the hours will be intensive! We are looking at a 17 hour per day schedule, from 7:00am to 12:00am (midnight) for ten days straight. This may change, but if you are interested in this project YOU MUST confirm that you can work these hours. Interviews will be held today, and the client may even need you to begin work immediately after. Thus, you must be able to begin work immediately and the 7am-12am schedule will probably begin Saturday (you will need to work straight through the weekend into next week)."
Make it through the project without going into cardiac arrest or being carried off into the insane asylum, and you might very well be the grand prize winner who is able to ward off the foreclosure/eviction Grim Reaper for another month or two. Don't forget, the Republicans will not authorize unemployment extensions starting November 30th. Happy Holidays, in advance!
Thứ Sáu, 29 tháng 10, 2010
Thứ Ba, 26 tháng 10, 2010
OIG Audit Targets Andrew Cuomo's HUD Overhaul
Audit Faulted Cuomo's HUD Overhaul
By JACOB GERSHMAN, WSJ
LINK
Andrew Cuomo points to his time as Housing and Urban Development secretary as a prime example of how he's made government more efficient and effective. But federal auditors say Mr. Cuomo oversaw a "poorly planned" overhaul of personnel that bulked up HUD's public outreach but undermined the agency's enforcement efforts.
President Clinton nominated Andrew Cuomo to head HUD in 1996.
During the gubernatorial debate on Monday, Mr. Cuomo touted his four-year record at HUD, saying he "shrunk government" and promising to do the same in Albany if elected governor. "The question in this race is who can actually do it. Who can get it done," he said.
While the number of full-time employees at HUD declined under his watch, Mr. Cuomo also added hundreds of high-paid positions as part of his "Community Builders" program, which came under withering criticism from HUD's veteran field staffs, federal auditors, and Republican lawmakers in Washington.
"The concept was not unreasonable. But it was very poorly implemented and the consequences were pretty near disastrous," said Robert Paquin, a former regional director of Community Planning and Development in HUD's Boston office.
The idea behind the program was to split enforcement and customer relations into separate ranks of employees. Between 1997 and 1999, Mr. Cuomo recruited nearly 800 Community Builders, including hundreds of high-paid "fellows" who underwent training sessions at Harvard.
The Community Builders acted as liaisons to city officials and community groups and reported directly to HUD's headquarters in Washington.
"What the Peace Corps is to global development, what Americorps is to local empowerment, we hope Community Builders will be to urban renewal," Mr. Cuomo said when he announced the initiative.
Andrew Cuomo's Political Path
Over three decades, New York Attorney General and Democratic gubernatorial hopeful Andrew Cuomo has charted a careful course through local, state and national politics. Here's a look at his life and career.
In 1999, the program was the subject of a scathing audit report by the HUD Inspector General's office, which recommended that it be terminated.
Congress eliminated its funding that year, over the objections of several Democratic lawmakers, including Sen. John Kerry and now-Vice President Joe Biden.
The audit report said the hiring of the Community Builders skirted federal protocols, siphoned funds away from grant-monitoring activities and caused "significant morale problems" among some career civil servants, who bristled at the higher pay grades awarded to the new employees.
"HUD chose an overly expensive and controversial solution that exacerbated any existing problem," the audit said.
Mr. Cuomo and former aides at HUD said the allegations were unfounded, and fiercely defended the program. "The attacks on the Community Builders program were partisan in nature and wholly without merit," Howard Glaser, deputy general counsel under Mr. Cuomo at HUD, said Friday.
Mr. Glaser pointed to positive reviews of the program by consulting firms hired by HUD. Officials at the Inspector General's office said the other reviews did not contradict the office's claims, and noted that they relied on case studies pre-selected by HUD's senior management.
The Inspector General's audit report also claimed that senior officials under Mr. Cuomo sought to impede investigators examining the program and took the unusual step of asking the Inspector General's office for the names of HUD employees who spoke with auditors.
Several HUD employees "feared reprisal" and urged investigators to keep their communications confidential, according to the audit report.
Mr. Paquin, who was transferred to a lower-level position in 1999, returned to his old job years later after filing a complaint with the U.S. Office of Special Counsel alleging that his transfer was prompted by testimony he gave to the U.S. Government Accountability Office, which conducted a separate review of HUD's overall monitoring activities.
The Inspector General's report said HUD could not adequately justify the number of Community Builders hired nor their salaries, which in many cases were tens of thousands of dollars higher than the pay given to veteran civil servants who monitored HUD's grantees.
"HUD allocated a large amount of its resources to outreach and customer relations in the form of higher grades, travel and training funding, and personnel," the report stated.
More than half of the Community Builders interviewed by the auditors said they spent most of their time on public-relations activities.
"Considering that 228 Community Builders came from HUD's monitoring side, there is an appearance HUD favors the outreach and public relations over the monitoring and compliance function," the report said.
The Community Builders interviewed by the auditors lacked knowledge of HUD's grant programs, the report said, and in some cases improperly interfered with housing transactions between local officials and nonprofit groups, resulting in the loss of millions of taxpayer dollars.
HUD, in its response to the 1999 audit, said the report was "misleading" and denied that the agency had violated hiring protocol.
It noted that the program was widely praised by local officials and others interviewed by Ernst & Young, which was under contract with HUD to conduct an interim review.
The audit report faulted HUD for using the Community Builders to carry out a public-relations campaign on behalf of HUD when Congress threatened to slash the agency's budget. Senior officials directed the employees to reach out to local media and "arrange press conferences, conference calls, and telephone interviews," the audit said.
The Inspector General's report also said Mr. Cuomo's staff took unusual steps to hinder its review, stating that HUD senior management "told employees not to talk to us during our planning stage" and "circulated 'questions and answers' for employees to use when we interviewed them."
Investigators said senior HUD officials also asked the Inspector General's office to identify the HUD employees interviewed by auditors.
"When the request came in, everyone wondered why the department needed it. Why do they need to know who spoke with the auditors?" said a person who was with the Inspector General's office at the time.
Saul Ramirez, a deputy secretary under Mr. Cuomo, said the request for the names was "standard procedure" and intended to help headquarters organize the schedules of field staffers involved in the auditing process.
Write to Jacob Gershman at jacob.gershman@wsj.com
By JACOB GERSHMAN, WSJ
LINK
President Clinton nominated Andrew Cuomo to head HUD in 1996.
During the gubernatorial debate on Monday, Mr. Cuomo touted his four-year record at HUD, saying he "shrunk government" and promising to do the same in Albany if elected governor. "The question in this race is who can actually do it. Who can get it done," he said.
While the number of full-time employees at HUD declined under his watch, Mr. Cuomo also added hundreds of high-paid positions as part of his "Community Builders" program, which came under withering criticism from HUD's veteran field staffs, federal auditors, and Republican lawmakers in Washington.
"The concept was not unreasonable. But it was very poorly implemented and the consequences were pretty near disastrous," said Robert Paquin, a former regional director of Community Planning and Development in HUD's Boston office.
The idea behind the program was to split enforcement and customer relations into separate ranks of employees. Between 1997 and 1999, Mr. Cuomo recruited nearly 800 Community Builders, including hundreds of high-paid "fellows" who underwent training sessions at Harvard.
The Community Builders acted as liaisons to city officials and community groups and reported directly to HUD's headquarters in Washington.
"What the Peace Corps is to global development, what Americorps is to local empowerment, we hope Community Builders will be to urban renewal," Mr. Cuomo said when he announced the initiative.
Andrew Cuomo's Political Path
Over three decades, New York Attorney General and Democratic gubernatorial hopeful Andrew Cuomo has charted a careful course through local, state and national politics. Here's a look at his life and career.
In 1999, the program was the subject of a scathing audit report by the HUD Inspector General's office, which recommended that it be terminated.
Congress eliminated its funding that year, over the objections of several Democratic lawmakers, including Sen. John Kerry and now-Vice President Joe Biden.
The audit report said the hiring of the Community Builders skirted federal protocols, siphoned funds away from grant-monitoring activities and caused "significant morale problems" among some career civil servants, who bristled at the higher pay grades awarded to the new employees.
"HUD chose an overly expensive and controversial solution that exacerbated any existing problem," the audit said.
Mr. Cuomo and former aides at HUD said the allegations were unfounded, and fiercely defended the program. "The attacks on the Community Builders program were partisan in nature and wholly without merit," Howard Glaser, deputy general counsel under Mr. Cuomo at HUD, said Friday.
Mr. Glaser pointed to positive reviews of the program by consulting firms hired by HUD. Officials at the Inspector General's office said the other reviews did not contradict the office's claims, and noted that they relied on case studies pre-selected by HUD's senior management.
The Inspector General's audit report also claimed that senior officials under Mr. Cuomo sought to impede investigators examining the program and took the unusual step of asking the Inspector General's office for the names of HUD employees who spoke with auditors.
Several HUD employees "feared reprisal" and urged investigators to keep their communications confidential, according to the audit report.
Mr. Paquin, who was transferred to a lower-level position in 1999, returned to his old job years later after filing a complaint with the U.S. Office of Special Counsel alleging that his transfer was prompted by testimony he gave to the U.S. Government Accountability Office, which conducted a separate review of HUD's overall monitoring activities.
The Inspector General's report said HUD could not adequately justify the number of Community Builders hired nor their salaries, which in many cases were tens of thousands of dollars higher than the pay given to veteran civil servants who monitored HUD's grantees.
"HUD allocated a large amount of its resources to outreach and customer relations in the form of higher grades, travel and training funding, and personnel," the report stated.
More than half of the Community Builders interviewed by the auditors said they spent most of their time on public-relations activities.
"Considering that 228 Community Builders came from HUD's monitoring side, there is an appearance HUD favors the outreach and public relations over the monitoring and compliance function," the report said.
The Community Builders interviewed by the auditors lacked knowledge of HUD's grant programs, the report said, and in some cases improperly interfered with housing transactions between local officials and nonprofit groups, resulting in the loss of millions of taxpayer dollars.
HUD, in its response to the 1999 audit, said the report was "misleading" and denied that the agency had violated hiring protocol.
It noted that the program was widely praised by local officials and others interviewed by Ernst & Young, which was under contract with HUD to conduct an interim review.
The audit report faulted HUD for using the Community Builders to carry out a public-relations campaign on behalf of HUD when Congress threatened to slash the agency's budget. Senior officials directed the employees to reach out to local media and "arrange press conferences, conference calls, and telephone interviews," the audit said.
The Inspector General's report also said Mr. Cuomo's staff took unusual steps to hinder its review, stating that HUD senior management "told employees not to talk to us during our planning stage" and "circulated 'questions and answers' for employees to use when we interviewed them."
Investigators said senior HUD officials also asked the Inspector General's office to identify the HUD employees interviewed by auditors.
"When the request came in, everyone wondered why the department needed it. Why do they need to know who spoke with the auditors?" said a person who was with the Inspector General's office at the time.
Saul Ramirez, a deputy secretary under Mr. Cuomo, said the request for the names was "standard procedure" and intended to help headquarters organize the schedules of field staffers involved in the auditing process.
Write to Jacob Gershman at jacob.gershman@wsj.com
Chủ Nhật, 24 tháng 10, 2010
The DWI Defense Challenge, It's not about the truth
I just came back from two back to back Syracuse Law seminars. On Friday, Oct. 23, I went to a New York State Bar seminar on Expert Witness testimony, and on Saturday, Oct. 24, a New York State Association of Criminal Defense Lawyers event at Syracuse Law school. That seminar had criminal defense lawyers from around the state speaking on a multitude of topics, one of which is my favorite, DWI defense.
I learn something new at each, and every seminar I attend. In fact at this seminar even the speakers hung around to learn from the other speakers. The best lawyers know it is never over. I will be the first to tell you that law is a practice. You work and grow from each case. No two cases are exactly the same. One of the speakers at S.U. is a favorite of mine, Ray Kelly. Ray is one of the most passionate and inspired advocates I have ever met. He reminds me and every other defense lawyer why what we do and how we do what we do is so important.
We represent fellow human beings. Ray takes that Oath to uphold the rights of others very seriously as do I. We have a duty of constant vigilance to not allow illegally sufficient evidence or evidence that has been obtained in a unconstitutional matter be used against out client.
The following synopsis paraphrased and shortened comes from Justice White's opinion in Wade, 388 U.S. at 256. We (criminal defense lawyers) have a duty to protect and defend. I have no obligation to ascertain or to present the truth. I need present nothing, even if I know what the truth is. If I can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be my normal course of action. My interest in not convicting the innocent allows me to put the State to it's proof, put them in their worst light regardless of what I think or know to be the truth. In fact, my duty has little relation to the search for truth.
I must continue my commitment to POlice the POlice, challenge the prosecution, and to make sure that no person accused of a crime stands alone against the government.
Thứ Bảy, 23 tháng 10, 2010
Stealing From Inside the Museum - Egyptian Artifacts Theft in Long Island Proves the Point
Loss prevention at a museum starts by examining internal practices. When pieces are missing from a museum, the first place to look for a suspect is inside. Fortunately, a museum's risk can be reduced by performing thorough background checks on prospective employees and by creating moderate institutional oversight practices.
While the vast majority of museum employees are honest and trustworthy, there are many unfortunate instances where missing objects turn up in the hands of museum workers. Last week the New York Post reported that a federal court sentenced the director of the Long Island University Hillwood Museum to a year and a day in prison plus a $5000 fine for stealing Egyptian artifacts from his own museum. Barry Stern admitted to exacting revenge on his employer when his contract as museum director was not renewed. He worked 22 years for the university.
The Post describes how Stern stole the artifacts from the museum, brought them to Christie's for auction, and claimed they came from the Barry Stern collection. Records of the objects' existence at the Hillwood Museum were wiped out. The pieces earned Stern $51,500.
(As a side note, one wonders how the auction house failed to conduct enough due diligence regarding the provenance of the objects, particularly where the pieces presumably had accession numbers associated with the objects.)
The International Foundation for Cultural Property Protection helps cultural institutions minimize the risk of theft. Any of our colleagues can assist museums with internal loss prevention. www.ifcpp.org
Read more: http://www.nypost.com/p/news/local/li_museum_director_sentenced_for_m8ewK4q1OIOWlINeCC4BRN#ixzz13BvQpl1L
While the vast majority of museum employees are honest and trustworthy, there are many unfortunate instances where missing objects turn up in the hands of museum workers. Last week the New York Post reported that a federal court sentenced the director of the Long Island University Hillwood Museum to a year and a day in prison plus a $5000 fine for stealing Egyptian artifacts from his own museum. Barry Stern admitted to exacting revenge on his employer when his contract as museum director was not renewed. He worked 22 years for the university.
The Post describes how Stern stole the artifacts from the museum, brought them to Christie's for auction, and claimed they came from the Barry Stern collection. Records of the objects' existence at the Hillwood Museum were wiped out. The pieces earned Stern $51,500.
(As a side note, one wonders how the auction house failed to conduct enough due diligence regarding the provenance of the objects, particularly where the pieces presumably had accession numbers associated with the objects.)
The International Foundation for Cultural Property Protection helps cultural institutions minimize the risk of theft. Any of our colleagues can assist museums with internal loss prevention. www.ifcpp.org
Read more: http://www.nypost.com/p/news/local/li_museum_director_sentenced_for_m8ewK4q1OIOWlINeCC4BRN#ixzz13BvQpl1L
Thứ Ba, 19 tháng 10, 2010
If You Want Your Art Back, Be Mindful of the Statute of Limitations
The First Circuit Court of Appeals decided the case of Museum of Fine Arts, Boston v. Seger-Thomschitz on October 14, 2010. Claudia Seger-Thomschitz, the heir of art collector Oskar Reichel, contacted the Museum of Fine Arts to reclaim Two Nudes by Oskar Kokoschka. Seger-Thomschitz argued that the painting left the hands Reichel because of Nazi coercion.
The Museum of Fine Arts spent 18 months researching the issue and concluded that Reichel sold the painting voluntarily. The Boston Globe published criticisms of this view in a May 2008 article. Nevertheless, the MFA sought an order from federal district court declaring that the museum legitimately owned the painting. The lower court ruled that the MFA rightfully owned the painting, and the court of appeals has now affirmed this decision.
The basis of the court of appeal's opinion is threefold. First, the district court's grant of a favorable judgment for the museum was proper on statute of limitations grounds because Seger-Thomschitz did not make a demand on the MFA within the three years statute of limitations under Massachusetts law. Second, the appeals court rejected Seger-Thomschitz's weak claim that the statute of limitations should bend in the wake of the non-profit section of the federal Internal Revenue Code [501(c)(3)]. Third, the court rejected her argument that the Massachusetts statute of limitations conflicted with America's foreign policy as expressed through the Holocaust Victims Redress Act of 1998, the Washington Conference Principles on Nazi-Confiscated Art, the Vilnius Forum Declaration, and the Terezín Declaration on Holocaust Era Assets and Related Issues. These proclamations are aspirational and not law, the court essentially declared.
The message in this case is clear: Where a party believes that art is improperly in the hands of another, the claimant must be conscious of the statute of limitations clock and perform the necessary due diligence to start a cause of action.
Two Nudes can be seen at http://www.mfa.org/collections/search_art.asp?recview=true&id=34173&coll_keywords=&coll_accession=&coll_name=two+nudes&coll_artist=Kokoschka&coll_place=&coll_medium=&coll_culture=&coll_classification=&coll_credit=&coll_provenance=&coll_location=&coll_has_images=&coll_on_view=&coll_sort=2&coll_sort_order=0&coll_view=0&coll_package=0&coll_start=1
"Holocaust Historians Blast MFA Stance in Legal Dispute," The Boston Globe, May 28, 2008 at http://www.boston.com/ae/theater_arts/articles/2008/05/28/holocaust_historians_blast_mfa_stance_in_legal_dispute/
The Museum of Fine Arts spent 18 months researching the issue and concluded that Reichel sold the painting voluntarily. The Boston Globe published criticisms of this view in a May 2008 article. Nevertheless, the MFA sought an order from federal district court declaring that the museum legitimately owned the painting. The lower court ruled that the MFA rightfully owned the painting, and the court of appeals has now affirmed this decision.
The basis of the court of appeal's opinion is threefold. First, the district court's grant of a favorable judgment for the museum was proper on statute of limitations grounds because Seger-Thomschitz did not make a demand on the MFA within the three years statute of limitations under Massachusetts law. Second, the appeals court rejected Seger-Thomschitz's weak claim that the statute of limitations should bend in the wake of the non-profit section of the federal Internal Revenue Code [501(c)(3)]. Third, the court rejected her argument that the Massachusetts statute of limitations conflicted with America's foreign policy as expressed through the Holocaust Victims Redress Act of 1998, the Washington Conference Principles on Nazi-Confiscated Art, the Vilnius Forum Declaration, and the Terezín Declaration on Holocaust Era Assets and Related Issues. These proclamations are aspirational and not law, the court essentially declared.
The message in this case is clear: Where a party believes that art is improperly in the hands of another, the claimant must be conscious of the statute of limitations clock and perform the necessary due diligence to start a cause of action.
Two Nudes can be seen at http://www.mfa.org/collections/search_art.asp?recview=true&id=34173&coll_keywords=&coll_accession=&coll_name=two+nudes&coll_artist=Kokoschka&coll_place=&coll_medium=&coll_culture=&coll_classification=&coll_credit=&coll_provenance=&coll_location=&coll_has_images=&coll_on_view=&coll_sort=2&coll_sort_order=0&coll_view=0&coll_package=0&coll_start=1
"Holocaust Historians Blast MFA Stance in Legal Dispute," The Boston Globe, May 28, 2008 at http://www.boston.com/ae/theater_arts/articles/2008/05/28/holocaust_historians_blast_mfa_stance_in_legal_dispute/
Thứ Sáu, 15 tháng 10, 2010
Coram Nobis May Lie Even When CPL 460.30 Time Limits for Seeking Permission to File a Late Notice of Appeal Has Long Passed
In People v Syville (_NY3d_, 2010 NY Slip Op 07249 [10/14/10])the Court of Appeals held that "[w]here an attorney has failed to comply with a timely request for the filing of a notice of appeal and the defendant alleges that the omission could not reasonably have been discovered within the one-year period, the time limit imposed in CPL 460.30 should not categorically bar an appellate court from considering that defendant's application to pursue an untimely appeal." Instead, the Court held that the common-law writ of error coram nobis affords the appropriate avenue for relief for such a violation and such a writ may be sought and obtained, as in Mr. Syville's case, about a decade after the imposition of sentence.
Thứ Năm, 14 tháng 10, 2010
Ithaca by Choice not by Chance
Did I choose Ithaca or did Ithaca choose me? I ponder that question often. Do we ever feel called to a place? I feel called to the two professions I have been privileged to practice. Not like a voices in my head ala Berkowitz kinda way but more like an intuitive feeling. You know that you know that something is right.
After years of journaling, I wanted a more authentic life. To me, that meant being in a more natural area (less asphalt more trees). I wanted a radical change of my environment. I was ready to escape suburbia, and big city practices. I was tired of the parking, the traffic, the disconnect, the running from place to place, the rat wheel, and the mindlessness.
Now not everyone gets Ithaca. It is not heaven, merely a nice city nestled here in the Fingerlakes. I can appreciate it in contrast to so many other places I have lived, and so many more places I have visited. Ithaca is merely relative. My closest friends advised a psychological evaluation when I told them I was moving here. Why would you leave the paradise of South Florida? Why would you leave all of this? The swimming pools, the hot weather, the resources, the simple flat roads, the brand new homes, the shopping, and the abundance of money. Why indeed?
Well it now almost four years later... and I can say that Ithaca can grow people the way that it grows flowers and plants, this is a fertile place both figuratively and literally. I could have only imagined what community really means and the communities that surround Ithaca encompass more than just land, they embody caring, I have never in my life met more down to earth, honest to goodness, authentic people, for better or worse who embrace who they are... warts and all!
After years of journaling, I wanted a more authentic life. To me, that meant being in a more natural area (less asphalt more trees). I wanted a radical change of my environment. I was ready to escape suburbia, and big city practices. I was tired of the parking, the traffic, the disconnect, the running from place to place, the rat wheel, and the mindlessness.
Now not everyone gets Ithaca. It is not heaven, merely a nice city nestled here in the Fingerlakes. I can appreciate it in contrast to so many other places I have lived, and so many more places I have visited. Ithaca is merely relative. My closest friends advised a psychological evaluation when I told them I was moving here. Why would you leave the paradise of South Florida? Why would you leave all of this? The swimming pools, the hot weather, the resources, the simple flat roads, the brand new homes, the shopping, and the abundance of money. Why indeed?
Well it now almost four years later... and I can say that Ithaca can grow people the way that it grows flowers and plants, this is a fertile place both figuratively and literally. I could have only imagined what community really means and the communities that surround Ithaca encompass more than just land, they embody caring, I have never in my life met more down to earth, honest to goodness, authentic people, for better or worse who embrace who they are... warts and all!
Thứ Tư, 13 tháng 10, 2010
Lawyer Lawrence Newman (Rants and Raves)
I recently got a call from a woman who was looking for DWI representation. She said her reason for calling was that she looks at Craigslist Rants and Raves for laughs and saw this review. If only I could live up to it, lol... I guess there is a "rave" to balance out a "rant"
Lawyer Lawrence Newman (Rants and Raves)
Date: 2010-10-11, 11:36AM EDT
Reply To This Post
Lawrence Newman is one of the two finest private practice lawyers I have encountered over forty years of professional work in two states. The other was a former US attorney. He combines an encyclopedic knowledge of DWI law with productive relationships with the courts that he represents clients in. To have a family member represented by Larry is like knowing that they are under the care of a gifted specialist physician who combines clinical knowledge with true care for those who come to him. His direct availability to clients and his immediate and personal responsiveness to their difficulties reminds you that before becoming a lawyer, he was a clinician. The legal outcomes he gains for clients are extraordinary, his flat-fee billing an expression of an ethic rarely found in the legal profession. You never have to remind him of a case: he is already working on it.
David B. Schwartz, Ph.D.
Psychotherapist
Ithaca
Location: Rants and Raves
it's NOT ok to contact this poster with services or other commercial interests
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PostingID: 2000152256
The Good, the Bad, and the Ugly
I love the old westerns, and especially Clint Eastwood movies. My wife marvels that I am able to watch them over and over without boredom. They are simple, justice is quick and efficient, and I can relate to the code of respect. The people in these movies are usually very black and white, good and bad are easily discernible.
Recently, I was critiqued on Craigslist. It was not very flattering, but I guess if I can accept those testimonials that see me as saintly I must recognize that there will be those others who see me as the devil. You would be hard pressed not to know who I am, what I stand for, my education, my training, my experience, how long I have practiced, where I have practiced, what seminars I have attended, in fact I will make a bold statement, I am probably one of the most open lawyers or people online.
I am neither devil nor saint, although I have played both roles. For the record I take full responsibility for anyone who does not understand something I may have said. I believe that the communicator shall do his or her best to be understood and clear.
I primarily represent people for DWI cases, and these cases are difficult to defend. Some people come to see me with an expectation of "getting off" the charges. I have spoken before about the reality of "getting off" and plea negotiations. The truth is that 90% + of all criminal cases in this country settle by way of a plea. Pleas can happen after hearings or conferences or right before a trial. Everyone has the option of having a trial. They cost time and money. They may or may not be beneficial. Juries then decide guilt or innocence.
Cases are always viewed on their merits, on the evidence, on the proof. With DWI "charges" the government does not care how wonderful you are or that you have a job or that you have multiple degrees or if this is your first offense. All those things may be considered at "sentencing" but not for the "charging" of crimes. They (the prosecutors) are interested in whether or not they can prove a DWI (common law and/or "per se") beyond a reasonable doubt.
Generally, if your case has a breath test it is harder to defend than a case without a breath test (a refusal case). If your case has you falling down, driving on the wrong side of the road, hitting curbs, hitting guardrails, admitting to drinking 8 drinks, stating "thank god you got me," or falling asleep while being questioned, then you may have a "harder" case to defend.
Let's deal with reality, dropping your cell phone and hitting one mailbox, ok explainable, dropping your cell phone and hitting four mailboxes on three different streets, not so explainable. I deal with the not so explainable every day, and how much of it a jury can "buy"as in believe, is something most of us can only imagine or try to predict. I work within the facts of every case to come up with the best defense I can. Within the spectrum of cases I see and evaluate there are the good facts, the bad facts, and the ugly facts. Sometimes the good facts outweigh the bad facts. Sometimes I have DWI cases with no drunk (bad) driving. I have a speeding ticket or an expired inspection or bright headlights. Sometimes I have an improperly done breath test or expired chemicals or a person with asthma. Everything that can be looked at gets looked at. But I cannot turn a blind eye to bad facts, they will not go away.
It is a immature mind that thinks that attorneys can change the facts of any case. No matter how "ugly" the facts of a case are, I believe that everyone deserves to be treated fairly throughout the process. My job is to do the best with what is front of me.
Thứ Ba, 12 tháng 10, 2010
Who Determines Whether to Have the Jury Consider a Lesser Included Offense - Counsel or Defendant?
In People v Colville (2010 NY Slip Op 07185 [2d Dept 10/5/10]) the Appellate Division, Second Department conducted a thorough review of the cases and commentaries on the question of whether the decision to have the jury consider a lesser included offense is a fundamental one to be made by the defendant or a strategic or tactical one for counsel. As the Court noted
The Court of Appeals has not yet considered this issue. However, in People v. Petrovich (87 NY2d 961), the Court was presented with a related question: as between the defendant and his counsel, who decides whether the affirmative defense of extreme emotional distress should be submitted to the jury? As the Colville court summarized, The Court of Appeals
Without explanation, the Appellate Division, Fourth Department in People v Taylor (2 AD3d 1306, 1308 [4th Dept 2003]) cited this holding in Petrovich, as support of its conclusion that a defendant was not deprived of his right to make a fundamental decision when the court considered a lesser-included offense charge after discussing the issue with defense counsel and the prosecutor, without input from the defendant.
So what did the Second Department hold? It concluded that under the facts of the Colville case, in which counsel acquiesced to the defendant's decision not to request submission of lesser-included offenses to the jury, it did not have to reach a decision on this issue, since such acquiescence does not constitute ineffective assistance of counsel even if it was decision to be made by counsel.
Having accepted the assistance of counsel, a defendant retains authority over certain fundamental decisions (see Jones v Barnes, 463 US 745, 751; People v Colon, 90 NY2d 824, 825; People v White, 73 NY2d 468, 478, cert denied 493 US 859). Strategic and tactical decisions, in contrast, rest with counsel (see People v Colon, 90 NY2d at 826; Arko v. Colorado, 183 P3d 555, 558 [Colo]). The demarcation between the two, however, is elusive (see Government of Virgin Is. v Weatherwax, 77 F3d 1425, 1433, cert denied 519 US 1020).
The Court of Appeals has not yet considered this issue. However, in People v. Petrovich (87 NY2d 961), the Court was presented with a related question: as between the defendant and his counsel, who decides whether the affirmative defense of extreme emotional distress should be submitted to the jury? As the Colville court summarized, The Court of Appeals
held that this decision did not implicate a matter of trial strategy or tactics; rather, it was a fundamental decision and, thus, it fell to the defendant. The Court reasoned, citing to the second edition of the ABA Standards, that a verdict was dispositive of a defendant's fate and the submission of the extreme emotional disturbance defense could be determinative of the verdict. In that sense, as the defendant expressed on the record, eliminating the extreme emotional disturbance defense increased his chances of a full acquittal. Thus, the Court concluded, this was not unlike other fundamental decisions already recognized as belonging to the defendant.
Without explanation, the Appellate Division, Fourth Department in People v Taylor (2 AD3d 1306, 1308 [4th Dept 2003]) cited this holding in Petrovich, as support of its conclusion that a defendant was not deprived of his right to make a fundamental decision when the court considered a lesser-included offense charge after discussing the issue with defense counsel and the prosecutor, without input from the defendant.
So what did the Second Department hold? It concluded that under the facts of the Colville case, in which counsel acquiesced to the defendant's decision not to request submission of lesser-included offenses to the jury, it did not have to reach a decision on this issue, since such acquiescence does not constitute ineffective assistance of counsel even if it was decision to be made by counsel.
Thứ Hai, 11 tháng 10, 2010
Andrew Cuomo and His Deadly Court Cartel
 |
| Andrew Cuomo |
Posted on October 10, 2010 by Ron Moore
LINK
According to Libertarian Attorney General candidate Carl Person, Andrew Cuomo , as HUD Secretary helped to create the mortgage fraud and predictably has done nothing to stop banks from using false affadavits. Person says “Andrew Cuomo has a duty as NYS Attorney General to start lawsuits to stop Bank of America, JPMorgan Chase, GMAC, Countrywide, Wells Fargo and other lenders from using the New York courts to foreclose mortgages on homeowners in NYS.”
Person explained that “these banks and lending institutions have been filing false affidavits in New York foreclosure actions for several years and have been illegally obtaining judgments of foreclosure and illegally selling the homes of many tens of thousands of homeowner victims.” Presently, there are approximately 80,000 foreclosure cases in the New York courts, with more being filed every day.
“Cuomo is trying not to get involved”, said Person, “because he helped to create the mortgage fraud when he was Secretary of Housing and Urban Development (HUD).” Person also stated that “Cuomo should have recused himself and let someone else in his Office of New York State Attorney General be assigned the responsibility for ensuring that mortgage foreclosure fraud is stopped in NYS.”
Person went on to say that the banks, servicing companies, and other participants in the illegal activities should be penalized by not being able to use the New York courts to commence or pursue any foreclosure actions in New York State as to any residential mortgages, and that the banks should not be able to assign the residential mortgages to anyone else for the purpose of starting foreclosure proceedings in New York State.
What needs to be done, according to Person, “is to require the banks to enter into modification agreements with residential homeowners decreasing the monthly payment to the current low mortgage rate of 4.5% or so and decreasing the principal amount of the loan to 90% of the present value of the property.” As to each property for which this takes place, the bank would then be able to enforce the modified mortgage in the New York courts.
“Everyone can see that Cuomo is unable to serve honestly as New York State Attorney General, and this should disqualify him from becoming Governor of New York State,” according to Person.
Cuomo’s running mate for NYS Attorney General hasn’t done anything in Albany to stop the fraud, and can be expected to do nothing except benefit the banks.
Person said “If elected, I would commence the needed lawsuits to stop this devastating fraud on the NYS courts and homeowners.”
From Betsy Combier: If the banks dont condemn your property, then the Courts will. It's all the same land grab. Is anyone checking into Andrew Cuomo's connections to New York State Surrogates Courts, where property of the dead are grabbed from the next of kin by the State under color of law?
In Defense of Eminent Domain
Michael Cardozo, Corporation Counsel, Columbia Law Review
NY Court of Appeals Upholds Eminent Domain
Posted on November 24, 2009 by Mark Axinn
LINK
From the Institute for Justice:
WEB RELEASE: November 24, 2009
Media Contact:
Christina Walsh (703) 682-9320
Arlington, Va.—The New York Court of Appeals, the state’s highest court, today announced that it would uphold the decision of the Empire State Development Corporation (ESDC) to condemn privately owned homes and small businesses to make way for wealthy developer Bruce Ratner’s so-called “Atlantic Yards” development of 16 mammoth skyscrapers centered around a basketball arena.
“Today’s decision puts homes and businesses throughout New York at risk of condemnation,” said Dana Berliner, a senior attorney at the Institute for Justice (IJ), which filed a friend-of-the-court brief in the case. “Courts have a duty to look carefully at the government’s claim that it has the right to take someone’s home or business, and the Court of Appeals has simply refused to do that.”
While upholding the taking, the New York court did not go so far as to embrace the United States Supreme Court’s much-maligned reasoning in the 2005 Kelo v. City of New London case, which held that the U.S. Constitution allows governments to condemn property for economic development alone. Instead, the Court found the takings were for a “public use” because of the ESDC’s determination that the area to be condemned was “blighted”—a determination that was based on a study paid for by the would-be developer and not even initiated until years after the Atlantic Yards project was announced.
In a dissent, Judge Robert Smith excoriated the majority for abandoning its duty to critically examine the ESDC’s assertions. “To let the agency itself determine when the public use requirement is satisfied is to make the agency a judge in its own cause,” Judge Smith wrote. “I think that it is we who should perform the role of judges, and that we should do so by deciding that the proposed taking in this case is not for public use.”
“The developer’s study did not find anything a normal person would call ‘blight,’” explained Berliner. “Instead, it found that the neighborhood was ‘underutilized’—in other words, that the developer could think of bigger things that could be built where these homes and businesses are. If that is all that is necessary for condemnation, then literally every piece of property in New York is at risk.”
The majority’s opinion frankly acknowledges that the court may be opening the door to “political appointees to public corporations relying on studies paid for by developers . . . [as] a predicate for the invasion of property rights and the razing of homes and businesses.” But, it says, preventing such abuses is not the job of the courts, advising New Yorkers to look to their legislature to fix any problems.
“New York is one of only seven states that has failed utterly to pass any kind of eminent-domain reform in the wake of the Kelo decision, and today’s opinion will only make things worse,” said IJ Staff Attorney Robert McNamara. “The state courts are looking to the legislature to fix the problem, while the legislature is apparently looking to the courts. And that means more and more New Yorkers will be looking at condemnation notices.”
“Property rights are as sacred to citizens of New York as they are to Americans nationwide, and New Yorkers have rightly looked to their courts to protect those rights,” concluded IJ President and General Counsel Chip Mellor. “Today’s opinion should be a clarion call to the state legislature that they cannot avoid this issue any longer. Now is the time to give state residents the reform and protections they desperately need.
Thứ Sáu, 8 tháng 10, 2010
Confusion over New York DWI Ignition Interlock Devices
Well the IIDs or the ignition interlock devices are here for all first time DWI convictions. Tompkins County is considered District/Region number 2. In little Ithaca, NY there is a monitoring station for the devices set up at one of the auto places on Route 13, also known as Meadow. The company Smartstart is also offering a FREE install (normally a $100 or more) to promote their business.
The law (signed Nov. 2009) began to implemented in August of 2010. It is said that the "Road to hell is paved with good intentions" and ... the idea behind this law has the best of intentions but the actual implementation and practicality of it was not thought out entirely.
It has been a source of both confusion for the Courts and grief to many. The legislature passed the mandatory devices into law but I feel they failed to see the bigger picture. Whereas in the past the devices were sentenced for individuals placed on probation (supervision) and/or for aggravated (high BAC) DWIs and/or for those with diagnosed alcoholism now we have the devices being used on everyone without any Judicial Discretion (a Judge's Decision). They are mandatory for at least 6 months on all DWIs and ADWIs.
In addition, under the new law they must be monitored, re-checked, and information downloaded directly (physically) from the devices every 30 days. In these days where we can talk to people half way around the world in a split second, pay bills without paper, and download books from satellites from the privacy of our bedrooms you would think that the whole having to physically visit with a download site would be old school, as in inefficient and expensive. The monthly charge is around $85...
There are more issues, I call them collateral issues:
Can someone afford the car insurance after a DWI on an IID vehicle?
A father of a young client had his insurance company drop him, and now coverage on the son is being quoted at $1,000 a month, now that's an expensive ride.
If you own or operate more than one car, all the cars require them and require monitoring?
What about if you share the car with someone? Do they also blow into the device?
So we shall see what the future holds?
Larry Newman DWI Defense Google Maps Reviews
In the interests of preserving my reviews on Google Maps, which have been lost or misplaced too many times now... I am reposting them here just in case... btw you check out more of my reviews on avvo.com, a lawyer review site.
Reviews (19) Through October 8, 2010
Wonderful Attorney
By twiztid4life1723 - May 20, 2010
After having an accident and being in need of a lawyer, Mr. Newman was the first and last one I called. He was wonderful. From the first time we talked on the phone, right up until the final court appearance, he was in constant contact keeping me updated, and he was always there to answer any and all questions. Watching him work is truly entertaining, and he does his job very well. I would definitely recommend his services to anyone in need of a good, honest, personable lawyer.
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Phd Mom Survives DUI
By barborlinki - Apr 20, 2010
I'm a single mother with two kids and when I was pulled over and charged with DUI, I was so worried and scared about what would happen. I called Larry the next morning and he was great! He was confident and knowledgeable and more importantly, I felt like he cared about me and understood my circumstances. In the end, after Larry worked with me and helped me navigate the maze of litigation, the charges against me were reduced. This was not happenstance, this was the result of Larry's performance in another case. His arguments and his questions of the arresting officer caused that case to be reduced and caused them to reduce mine at the same time!! I am so grateful to not have that charge on my driving record and would recommend Larry to anyone facing a similar tragedy in their lives."
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Thank You, Larry
By Ithaca - Apr 11, 2010
I recently made a bad mistake and faced a serious drinking and driving related charge. After sending an query to Larry Newman's office via his website in the middle of the night, Larry called me personally on a Sunday morning just a few hours later and we met in person shortly after that. Without even retaining him, Larry provided me a great deal of information. There was no question I'd found the right lawyer. Larry was friendly and respective and provided me a great deal of honest, straightforward, and beneficial relief during one of the worst experiences of my life. It was clear through my discussions with Larry that he's the kind of guy who pours himself into his work and does extensive professional research into his trade, as well as cultivate personal relationships with local officials so as to be considered a complete expert on DWI law, explicitly though not exclusively, as it pertains to the nuances of the courts of Tompkins County. Larry successfully ... More »
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Excellent Attorney
By marysheldon75 - Mar 16, 2010
Not that you want to be in this situation, but Larry Newman is an excellent DWI attorney. From the first moment I walked into his office he was professional and knowledgeable. The first day I visited him he was already working on my case! Always there to answer questions and help. He is the best if you need this kind of service!
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Absolutely Fantastic Attorney
By Hypnotist - Jan 7, 2010
Lawrence Newman is the absolute best attorney I could ever imagine. I was facing serious prison time for my 5th DWI and the results that Larry had achieved for me were positively phenomenal!!! DWI's now are a serious offense, and to hire an attorney that does not specialize in this field, and, who does not have an unquenchable passion and an optimism for his work like Larry is not only foolish but you would be seriously gambling your freedom and everything you have worked for.
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Excellent attorney
By Dan - Nov 24, 2009
Larry helped me through my experience and was very attentive, easy to communicate with, and very thorough. He clearly communicated what the options and probable outcomes and the means to achieve them. He was very prompt in answering all my questions even months after my case was settled. Hopefully I never have to, but I would retain his services again or recommend to a friend.
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Larry Newman is an excellent DUI attorney.
By SS2math22 - Nov 15, 2009
Larry Newman worked my DUI case which resulted in the charges being substantially reduced. He knows the local scene well, is exceptionally knowledgeable about this area of law, and is responsible, prompt and affable. Very easy to work with. He seems to have a reputation for fighting hard, and that is helpful when dealing with this sort of case. I will recommend Larry Newman to any friends who happen to face similar charges.
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My son's DWI
By Marjorie - Oct 22, 2009
By sheer luck, I found and retained Larry Newman to help my son through a DWI situation. He was extremely helpful, responsive and kind, always available to me with an understandable explanation of each segment of this process that my son had to deal with. Larry pulled no punches but gave us hope that there was the strong possibility of a positive outcome and that is what he achieved. I would recommend him to anyone who needs legal representation as the result of a DWI arrest because Larry is clearly one of the best in his field.
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serious violation ticket
By Housam - Oct 21, 2009
I got two tickets recently and one of them was a serious traffic violation. I called Mr. Newman who fought the tickets for me and had both of them dropped. I was impressed with the result. The rate was very reasonable. He used to call me and email me with any update. I think he is a great lawyer.
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Exceptional DWI Lawyer
By Kelly - Oct 14, 2009
Lawrence Newman is an exceptional DWI lawyer. He was very helpful, knowledgeable and kind to me during a time that I consider to be one of the worst in my life so far. I called Lawrence the day after my DWI and he returned my phone call immediately and met me in person right away. He made me feel comfortable with the realities of my case and my options moving forward. He is easy to talk to, patient, and extremely accessible with all modes of communication, even text messaging. His work in and out of the court room is thorough, thoughtful and performed with confidence. Above all, Lawrence put my horrible and upsetting experience into perspective and made it approachable and manageable. I am so thankful for all he has done for me and would highly recommend him to anyone who might be in this or a similar situation.
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Fantastic DWI Lawyer
By ithacan - Oct 2, 2009
I got pulled over and arrested a month or so ago and was charged with a DWI which carries huge fines and a licence suspension and possible jail time. However the most serious charge of all would have been the criminal record that I would have had to deal with for the rest of my life, since a DWI in NY is a misdemeanor. I was lost, confused and most of all scared. I made the decision to hire Larry and he was an excellent and fantastic lawyer. I don't think I would have personally asked for a better resolution to my case. He was able to negotiate a settlement to my case that would downgrade the charge to a DWAI which carries with it less fines and less licence suspension time. In addition to all this court stuff, he was great in terms of coaching me through the whole process especially with all the other stuff related to the DMV office and dealing with them. He is always there for you to help you through the process, he always answers his phone or email very promptly ... More »
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My Winter DWI
By postb42 - Oct 2, 2009
I was arrested for a DWI in late winter of 2009. Those first few days were difficult: full of shame, embarrassment, guilt and the feeling that things were hopeless. It was as if I had hit rock bottom. But just like winter gives way to Spring I saw my first rays of sunlight when I made my first phone call to attorney Larry Newman. Immediately Larry began to allay the fears that had been building up in my mind and made me realize that this was not a hopeless situation. Throughout the next few months Larry continued to guide me through the court system and stayed by me until the situation was resolved. I highly recommend Larry Newman as an attorney who is a seeker of truth and justice, who genuinely cares about his clients, who is always prompt, who is reasonably priced, and as someone who knows how to navigate the court systems in the area in and around Tompkins County.
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Highly recommend DWI Attorney
By Jim - Sep 15, 2009
Attorney Newman under promised and over delivered. I'm from out of state and had never found myself in a situation like this so I didn't have a clue. From my first conversation prior to retaining him, through the education process, Larry told me he would never tell or promise me something he couldn't deliver except that he would always do his best for me. I was prepared for the worst. He was able to persuade the court to accept my affidavit that he would appear and plea on my behalf which saved me seven hours driving time each way. When he told me the resolution he had negotiated I breathed an enormous sigh of relief. The resolution was so much better than I hoped for. If you find yourself in a situation, I would urge you to call him first. Jim in Boston
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Highly Recommended
By Benjamin - Sep 11, 2009
I left a message for Mr. Newman with a question about my DWI case from six years ago after a new issue had arisen. Even though it was after hours, he returned my call minutes later. I was shocked at how forthcoming he was with thoughtful advice, especially since it was at no cost to me. From the few minutes I spent with him on the phone, it was easy to tell that he understands the DWI process exceptionally well, and I highly recommend giving him a call if you find yourself charged with DWI or something related.
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excellent AUO attorney
By mp_hiphop - Jun 14, 2009
Mr.Newman did an outstanding job at defending my case. When I first got AUO, (driving on a suspended license) I was confused, dazed, and felt terrible because my given court date which I was required to attend was too late for me, since I had to fly out of ithaca for my work. Mr.Newman not only explained carefully everything and assured me that how things can work out, but also successfully changed the court date earlier so as to reduce the time conflict with my work. He was able to reduce my speeding ticket and also my dismeanor ticket to a mere traffic violation. I strongly recommend him if you're in a similar situation and looking for help.
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Incredible
By Ovie - Mar 7, 2009
I had a bunch of outstanding tickets because I am a foreign student and I didn't understand how the legal system worked here, and not only did he get them to throw out all but one of them, he also got me a deal for a much much lower price than I dared imagine. As if that wasn't enough, he took time out to explain as much as he could how the system worked so I wouldn't have any more trouble. If you have any driving related problems, go to him!
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"Outstanding Job for me"
By Jane - Feb 16, 2009
Thanks Mr. Newman for making a bad situation seem manageable. I recently moved all the way from Mobile, AL to take an Manufacturing Engineering job to get my career jump started. With me making such a big move this far from home wan't easy. So I went out one night on New Year's Eve with a couple of co-workers and then got stopped by two cops in the same night. I had a resisting arrest charge, driving too fast while conditions were prudent, resisting arrest charge, and a d.w.i. all placed on me even though the charges wasn't technically correct. Anyway, Mr. Newman set up a payment plan that was very fair and reasonable. Then he was able to get all charges to be just traffic violations, so record and insurance consequences were avoided. I do not feel bad to have complete the drinking drivers program and attend a night of people that are impacted by alcohol related accident. I feel Mr. Newman did an outstanding job for me and one huge mistake is not going to cost me ... More »
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Very happy at the outcome of my case
By C - Jan 26, 2009
Mr. Larry Newman returned my voicemail on a sunday morning after my DWI charge. He was very helpful in understanding the depth and severity of the charges to develop a concise plan for representation. His advice and knowledge of the law were just the start of his expertise of Tompkins County and Ithaca's DWI laws that can be difficult to understand without his assistance. I was confident that Mr. Newman would be a good representation of myself. His thorough explanation of the possible outcomes and the steps needed to achieve those outcomes were necessary to be able to resolve with minimal penalties. I am very happy at the outcome of my case and the extra mile Mr. Newman went to see the outcome through. Larry Thanks again for your support during my time in need. Thank you CB
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Excellent DWI Attorney
By shawne - Jan 19, 2009
When I first got my DUI I was devastated. I was upset, anti social, confused, and scared of the consequences. I always knew driving under the influence was bad, but sometimes it seems inevitable when you want to get places. At first I didn't know what to do. I searched online, called several lawyers, asked a few kids if they knew people through the grapevine and how they dealt with it. Well, the general consensus was to get a good deal, you need a lawyer. Searching for a lawyer seemed impossible. You have hundreds to choose from who specialize in DUI alone. I finally found Larry Newman. He was decently priced compared to some other lawyers, and he seemed like a good guy for me since he works in the Tompkins County area and probably deals with the prosecutors and judges on a regular basis. He always answered his phone no matter what time I called him to patiently answer all the new questions i had every night. He was very caring and very focused on my case. When court day came, Larry was there earlier than almost all the other people. He assured me everything would be ok and laid out all my options and the tactics he would use. Turns out his tactics worked. My DUI (keep in mind I was under 21) got dropped to 2 traffic violations worth 2 points each. Point is, Larry Newman is a well priced, very smart lawyer. He knows DUI law back and forth, and had an answer plus more on almost every question I had. He got my DUI reduced to 2 tickets, and did so in a very caring manner. He cares about his clients, and does all in his power to make you comfortable and confident. Overall, if you have a DUI in Tompkins County, call Larry Newman. « Hide
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