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New York Law Journal

Disbarred SI Lawyer Sentenced Up to 22 Years for Theft

A disbarred Staten Island attorney who previously served time for larceny is going back to prison for up to 22 years for running real estate schemes in which he stole more than $1 million while posing as a practicing attorney.
3 minute read

New York Law Journal

Disbarred SI Lawyer Sentenced Up to 22 Years for Theft

A disbarred Staten Island attorney who previously served time for larceny is going back to prison for up to 22 years for running real estate schemes in which he stole more than $1 million while posing as a practicing attorney.
3 minute read

The Legal Intelligencer

Commonwealth v. McClain, PICS Case No. 17-0536 (C.P. Monroe Mar. 29, 2017) Zulick, J. (10 pages).

By | April 21, 2017
Police properly seized a cellphone concealed in defendant's clothing where she indicated to police that the phone contained recorded conversations relevant to an ongoing criminal matter. Where the commonwealth failed to provide evidence to indicate the location of allegedly unlawful recordings, those counts were dismissed. Pretrial motion granted in part; denied in part.
6 minute read

The Legal Intelligencer

Commonwealth v. Lukach, PICS Case No. 17-0578 (Pa. Super. April 11, 2017) Ransom, J. (20 pages).

By | April 21, 2017
Trial court properly suppressed confession where defendant's indication that he did not want to talk to police was a sufficiently unambiguous invocation of his right to remain silent. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Evans, PICS Case No. 17-0577 (Pa. Super. April 6, 2017) Dubow, J. (11 pages).

By | April 21, 2017
Evidence was insufficient to support a conviction for solicitation of witness intimidation where defendant merely sought to offer the victim witness a pecuniary benefit in exchange for her refusal to testify in an underlying trial and lacked intent to intimidate. Judgment of sentence vacated.
6 minute read

The Legal Intelligencer

Commonwealth v. Manuel, PICS Case No. 17-0573 (Pa. Super. April 7, 2017) Lazarus, J. (28 pages).

By | April 21, 2017
Trial court erred in denying motion to suppress drug evidence found in search of house because the affidavit for the search warrant did not establish probable cause where it was based on a tip from a CI who alleged to have been in the house and seen the marijuana but had previously provided information leading to only one arrest that had not yet resulted in a conviction and the police performed no investigation to corroborate or establish the reliability of the tip. Reversed.
6 minute read

The Legal Intelligencer

Commonwealth v. Andrews, PICS Case No. 17-0571 (Pa. Super. April 7, 2017) Solano, J. (13 pages).

By | April 21, 2017
PCRA court erred in dismissing appellant's petition, alleging ineffective assistance of counsel based on counsel's failure to advise him to plead guilty but mentally ill, because appellant did not assert an insanity defense since a defendant did not need to assert an insanity defense before entering a plea of guilty but mentally ill. Order vacated.
6 minute read

The Legal Intelligencer

Commonwealth v. Pi Delta Psi, PICS Case No. 17-0537 (C.P. Monroe Mar. 24, 2017) Patti-Worthington, J. (28 pages).

By | April 21, 2017
Fraternity was subject to criminal liability in connection with the death of a new member during initiation activities where fraternity provided mandatory training regarding initiation rituals. Defendant's pretrial motions denied.
6 minute read

The Legal Intelligencer

Foster v. Pennsylvania Dept. of Corr., PICS Case No. 17-0579 (Pa. Commw. April 7, 2017) Wojcik, J. (7 pages).

By | April 21, 2017
Inmate could not use appeal of corrections department's denial of inmate's RTKL request, based on its determination that it did not possess inmate's sentencing order, as a collateral attack on his incarceration. Final determination of the Office of Open Records affirmed.
5 minute read

The Legal Intelligencer

Clauser v. Commonwealth, PICS Case No. 17-0533 (C.P. Lehigh Mar. 21, 2017) Johnson, J. (7 pages).

By | April 21, 2017
Arresting officer testified to facts indicating reasonable cause for believing driver was intoxicated. The failure of an officer to read all of the words on the warning form regarding the breath test was not fatal where the words read by the officer sufficiently complied with the statute and notified the driver of potential consequences. License suspension appeal denied and dismissed.
4 minute read

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