This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Arthur D. Spatt vacated a Nassau County conviction for “depraved indifference” murder. Judge Brian M. Cogan held that Fed. R. Civ. P. 69(a) did not incorporate a state-law requirement that plaintiffs start a new action to seek a turnover order to enforce a judgment. Judge Jack B. Weinstein explained the reasons for defendant’s 16-month sentence—including why the offense level should be based on only 50 grams of cocaine. Judge John Gleeson found the Montreal Convention applicable to plaintiff’s claims of injury caused by personnel at the Frankfurt Airport. And Judge Joanna Seybert remanded to state court a cause of action under the Investment Advisors Act of 1940.
‘Depraved Indifference’
In Petronio v. Walsh, 09 CV 341 (EDNY, Sept. 14, 2010), Judge Spatt, granting habeas relief, held that the evidence supporting petitioner’s conviction for “depraved indifference” murder was insufficient in light of applicable decisions redefining that offense.
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