Important SDNY Notice: Extension of Deadlines in Criminal Cases

IMPORTANT NOTICE FROM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK:

 

WHEREAS, Hurricane Sandy has caused extraordinary damage and disruption in the New York City metropolitan area, including, but not limited to, widespread power and utility outages in New York City, extensive transportation problems created by closure of the New York City mass transportation systems, dislocation of New York City residents, and other related delays such as the inaccessibility of the United States Courthouse in Manhattan,

 

WHEREAS, it is currently unclear when the United States Courthouse in Manhattan will again be accessible,

 

WHEREAS, current transportation restrictions render it difficult and in some cases impossible for individuals to travel to the Courthouse,

 

IT IS ORDERED, pursuant to Fed. R. Crim. P. 45(a) (3) and (b) (l), that all deadlines in any pending criminal cases that would otherwise expire under the Federal Rules of Criminal Procedure or any statute, rule, or order are extended until Monday, November 5, 2012, or until such time as specified in a further order of the Court.

 

IT IS FURTHER ORDERED, pursuant to Fed. R. Crim. P. 45 (a) (3) and (b) (1) and Section 3161 (h) (7) (A) of Title 18, United States Code, that all deadlines in any pending criminal cases requiring action by a grand jury are further extended until November 12, 2012, or until such time as specified in a further order of the Court, and that the ends of justice served by granting this continuance outweigh the interests of the public and any criminal defendant in a speedy trial.

 

SO ORDERED.

Dated: October 29, 2012

 

HONORABLE LORETTA A. PRESKA , CHIEF UNITED STATES DISTRICT JUDGE

 

 

 

 
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Volunteers needed to help Sandy victims–NYSBA LRIS

 

The State Bar’s Lawyer Referral and Information Service is recruiting attorneys who can provide free telephone consultations to individuals affected by Hurricane Sandy. There is need for attorneys with insurance, landlord/tenant, co-op and condo, or FEMA appeals experience, as well as those who can handle general practice matters.

We encourage attorneys outside the NYC area to volunteer. The program is set-up to assist victims via phone consultation.

Please respond as soon as possible if you can help hurricane victims in need.
Go to: www.nysba.org/DisasterVolunteerSandy to fill out your volunteer form.

New York Courts-Sandy Closings

For information on Downstate Court Closings follow this link:
http://www.courts.state.ny.us/court-closings.shtml

Or Call:
1-800-268-7869

Hurricane Sandy: Customer Assistance Available for Westlaw

Thomson Reuters WESTLAW STORE - SHOP FOR LEGAL BOOKS AND ONLINE RESEARCH PLANS
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CUSTOMER ASSISTANCE AVAILABLE

October 31, 2012

To our customers impacted by Hurricane Sandy:

We understand that the full extent of the damage will not be fully understood for days, but we want you to know we are here to help.

Thomson Reuters is committed to helping customers affected by Hurricane Sandy restore their practices and businesses as soon as possible. To assist in the rebuilding effort, we’ve set up a dedicated hotline. If you have been displaced by the disaster, please contact Customer Service at 1-800-554-8909, ext. 43356, to let us know that you’re safe and what your needs are. When you’re ready to get back on your feet, we’re ready to help.

Thomson Reuters is committed and proud to stand with you throughout your process of recovery and rebuilding.

Very best wishes,

Bob Azman
Senior Vice President, Customer Experience & Education
Thomson Reuters

 

 

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Court Upholds Bloomberg Plan for Indigent Defense Conflict Counsel-NYLJ

 

The majority of the 4-3 court said the plan introduced by Mayor Michael Bloomberg in 2008 and modified in 2010 satisfies the requirements of County Law §722 for a so-called “combination plan” in which the city assigns to institutional providers the cases of poor defendants where primary legal services providers have a conflict of interest.

Further, Judge Carmen Beauchamp Ciparick (See Profile), writing for the majority inMatter of the New York County Lawyers’ Association v. Bloomberg, 155, said city’s ability to do so is not contingent on the approval of local bar associations.

What’s New In Evernote 5 For Mac – YouTube

Governor Cuomo Signs Legislation Strengthening New York’s Domestic Violence Laws | Governor Andrew M. Cuomo

Read Gov.’s Entire Press Release here.

New Felony Crime and Expanded Definition of Aggravated Harassment

 

The law creates the Class E felony of Aggravated Family Offense, which enables law enforcement to prosecute as felons defendants who commit certain misdemeanor-level offenses and have a previous conviction for a specified misdemeanor or felony against a family or household member within the past five years. It also expands the definition of the Class A misdemeanor of Aggravated Harassment in the Second Degree to include when a defendant, with intent to harass, annoy, threaten or alarm, causes physical injury to an individual, or to a family or household member of that individual.

 

Although New York State already has a number of strong domestic violence protections, many domestic violence abusers repeatedly commit low-level offenses, which carry minor penalties, enabling them to continue subjecting their victims to fear and harm.

 

The aggravated family offense takes effect in 90 days and the aggravated harassment misdemeanor and the bail provision take effect in 60 days. The maximum sentence for a class A misdemeanor is one year in local jail; the maximum sentence for a class E felony is up to four years in state prison.

 

Allows Judges to Consider Additional Risk Factors in Determining Bail to Better Protect Victims from Further Harm

 

Under the new law, courts will be required for the first time to consider certain risk factors when determining recognizance or bail for a defendant who is charged with an offense against a family or household member.

 

Currently, courts are not required to consider any special factors when determining recognizance or bail in a domestic violence case, allowing offenders in some cases to go free on low bail and thereby be allowed to stalk, harm and sometimes kill their specifically targeted victims. Under the legislation that was signed today, judges will be required to consider well-established risk factors, such as an offender’s prior violation of an order of protection and the accused’s access to guns.

 

Establishes Statewide Fatality Review Team to Find New Ways to Reduce Intimate Partner Homicides

 

Under the new law, the New York State Office for the Prevention of Domestic Violence will establish a statewide domestic violence fatality review team. The review team will bring together domestic violence-related professionals to review domestic violence homicides, in an effort to understand more fully the factors involved and determine how the system can be improved in order to help prevent future deaths. The review team will report periodically to the Governor and the Legislature to assist the State and local communities in improving domestic violence prevention measures. The review team will be established in 180 days.

 

The package of laws signed today also includes provisions that address non-criminal needs of domestic violence victims, providing them options to sever their relationships with abusers in a variety of ways: enhancing last year’s address confidentiality bill to provide appropriate protections for family members; ensuring that insurance companies, when notified of the domestic violence, do not jeopardize a victim’s safety by disclosing confidential information to the abuser; and preventing abusers who were subject to an order of protection or charged with someone’s death from making funeral or burial arrangement decisions

 

In addition to targeting domestic violence through stronger legislation, New York State will institute three new programs designed to enhance victim and officer safety, and hold offenders accountable for their crimes: a specialized domestic violence court at the Rikers Island Judicial Center for parolees with a history of domestic violence; a high-risk response team, and free, online training for police officers.

 

NYC Domestic Violence Court for Parolees

 

A joint initiative of the New York State Board of Parole and Department of Corrections and Community Supervision, the specialized court will serve the five boroughs of New York City beginning this fall. Two Administrative Law Judges will hear domestic violence cases and provide judicial oversight through the parole violation process. In addition, specially trained parole revocation specialists will work with victim advocates and other law enforcement agencies to contact the victim quickly after the incident, develop a safety plan for the victim(s) and coordinate treatment services. The ultimate goal is to provide for the safety of victims, especially children, and to enforce strong offender accountability and monitoring.

 

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