Joel Stashenko

April 01, 2010 | New York Law Journal

A Second Circuit panel unanimously concluded yesterday that a state statute permitting stiffer sentences for "persistent" felony offenders violates defendants' constitutional right to a jury trial. Under the statute, sentencing judges may designate a defendant as a persistent felon based on an analysis of the "history and character of the defendant and the nature and circumstances of his criminal conduct," which the court held to be prohibited judicial fact-finding.

By Joel Stashenko

7 minute read

August 03, 2007 | Law.com

Backup systems in software that malfunctioned last week for hundreds of students writing essays on the New York state bar examination appear to have prevented the loss of any test takers' answers, Douglas M. Winneg, president of Software Secure Inc. said Wednesday. Winneg apologized "for the issue and the frustrations candidates must have felt." Some recent takers of the Georgia bar exam, which also uses Software Secure software, also experienced problems uploading exam results, Winneg acknowledged.

By Joel Stashenko

5 minute read

August 12, 2011 | New York Law Journal

By Joel Stashenko

5 minute read

June 06, 2007 | New York Law Journal

By Joel Stashenko

11 minute read

July 15, 2008 | New York Law Journal

By Joel Stashenko

7 minute read

May 10, 2011 | New York Law Journal

By Joel Stashenko

4 minute read

April 08, 2011 | New York Law Journal

In a move that will save about $2 million over the next year, according to Acting Supreme Court Justice Lawrence K. Marks, chief administrator of the court system, small-claims courts in New York City will be open only one night a week instead of four. That reduction and the announcement this week that courts throughout the state are directed to end court proceedings at 4:30 p.m. instead of 5 p.m. are the latest attempts to minimize the number of potential layoffs of court employees.

By Joel Stashenko

8 minute read

May 06, 2009 | New York Law Journal

By Joel Stashenko

4 minute read

August 04, 2008 | Law.com

Aides to then-New York Gov. Eliot Spitzer viewed state AG Andrew M. Cuomo's investigation of Spitzer administration efforts to discredit a political rival as overly aggressively and possibly politically motivated, testimony gathered by a state commission indicates. Testimony also indicated that former Spitzer aides told Cuomo's office prior to release of his report that the governor would not embrace its findings if it contained any references to his office not being cooperative with the investigation.

By Joel Stashenko

8 minute read

September 16, 2008 | New York Law Journal

By Joel Stashenko

5 minute read