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 denied a motion to withdraw a guilty plea where counsel’s failure to file a government misconduct motion attacking several counts in the indictment would have been a reasonable tactic and, in any event, caused no discernible prejudice. In a suit seeking an injunction directing Governor Andrew Cuomo to call a special election to fill a vacant congressional seat, Judge Jack B. Weinstein issued an opinion that prompted the governor to expedite the election, thus mooting the case.
Judge Kiyo A. Matsumoto found a defendant competent to stand trial or plead guilty. Judge Frederic Block denied the City of New York’s motion to dismiss a discrimination claim under the Americans with Disabilities Act, where the city had allegedly taken an adverse employment action based on an erroneous diagnosis of delusional disorder.
Withdrawal of Guilty Plea
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