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July 25, 2012 | New York Law Journal

Charging Jury on Intentional and Depraved Indifference Murder

Weeden A. Wetmore, the Chemung County district attorney, and Jeremy V. Murray, an assistant district attorney, write that this month the Appellate Division, Third Department, definitively parted ways with the First Department by holding that submitting intentional and depraved indifference murder counts to the jury in the conjunctive constitutes reversible error.
10 minute read
People v. Gonzalez, 93N022568
Publication Date: 2011-07-18
Practice Area: Criminal Practice
Industry:
Court: Criminal Court, New York County
Judge: Judge Lynn R. Kotler
Case number: 93N022568

Cite as: People v. Gonzalez, 93N022568, NYLJ 1202501461066, at *1 (Crim. NY, Decided July 11, 2011)Judge Lynn R. KotlerDecided: July 11,

March 02, 2006 | New York Law Journal

Court Allowed To Ask if Lawyer 'Fully Retained'

5 minute read
October 22, 2012 | New York Law Journal

Criminal Background Check Laws Can Complicate Hiring Decisions

Mitchell Boyarsky, a partner at Gibbons, and Peter J. Dugan, an associate at the firm, write that employers may hesitate to hire individuals with a criminal record, whether to mitigate the risk of liability for a "negligent hiring" claim or to minimize the opportunities for employee misconduct. However, New York State and the EEOC have both challenged the extent to which employers may consider criminal histories in the selection and retention of employees.
11 minute read
August 08, 2003 | New York Law Journal

Newsbriefs

4 minute read
Law Journal Press | Digital Book New Jersey Business Litigation 2025 Authors: Paul A. Rowe, Andrea J. Sullivan View this Book

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March 09, 2009 | New York Law Journal

Trusts and Estates Law

C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and David R. Schoenhaar, an associate at the firm, write that a new law going into effect on Sept. 1, 2009 will have a major impact on drafting a valid power of attorney and supplemental statutory major gifts rider that meets the principal's estate planning or elder law objectives. It is critical, they warn, for attorneys to ensure that they effectively incorporate the changes enacted through the new law into their practice areas.
12 minute read
March 26, 2010 | New York Law Journal

News In Brief

5 minute read
October 04, 2010 | New York Law Journal

How Private Is Facebook?

Mark S. Sidoti, Philip J. Duffy and Paul E. Asfendis from Gibbons discuss the depths of privacy settings on social networking sites and how courts will struggle with the application of the Stored Communications Act to modern forms of cyberspace.
12 minute read
January 05, 2005 | New York Law Journal

Appellate Practice

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that, in New York state practice, an order of the Supreme Court denying a motion for summary judgment is immediately appealable to the Appellate Division, as of right, by the unsuccessful movant. Finality is not required.
9 minute read
November 07, 2011 | New York Law Journal

Due Process Requires Effective Counsel for SORA, Panel Says

In several prior decisions, appellate courts across the state have addressed the merits of ineffective assistance claims brought in a Sex Offender Registration Act matter, without deciding whether such a right actually exists. Last week, the Second Department for the first time recognized the right.
5 minute read

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