A criminal defendant has a right to be personally present at the time his “sentence” is pronounced (Criminal Procedure Law 380.40).  But what exactly comprises a defendant’s “sentence?” The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242. TheRead More →

Convicted civil rights attorney Lynne Stewart was disbarred by the First Department on Tuesday stemming from her convictions in 2005 for helping imprisoned Sheikh Omar Abdel-Rahman communicate with his terrorist followers (Matter of Stewart, 2007 NY Slip Op 03590). Stewart was convicted of one count each of conspiracy to defraudRead More →

What’s an inmate to do? Current regulations do not permit inmates in special housing units to have any tobacco products (see 7 NYCRR 302.2 [e]; 303.2, 303.3). Today the Third Department affirmed dismissal of such an inmate’s article 78 petition challenging the denial of his grievance requesting smokeless tobacco (MatterRead More →

When people are charged with a crime, they face the prospect of incarceration. Ultimately, that can bring with it probation and parole, large fines, forced registration with law enforcement, and perhaps most damaging, a record that severely hinders even the most rehabilitated, often times for the rest of their lives.Read More →