This matter is before the Court for sentencing under Leandra’s Law New York’s newest anti-DWI measure wherein the defendant pled guilty to DWI driving while intoxicated pursuant to Vehicle and Traffic Law § 1192 (3). One month after the DWI death of 11-year-old Leandra Rosado in New York City, the…
This wrongful death action arises out of an automobile accident due to drunk driving that occurred sometime between the hours of 9 and 10 p.m. when a man went to a bar to celebrate the end of tax day. The celebration was for the employees and spouses of the man’s…
People v. Fountain Court Discusses Whether the Defendant Evinced a Depraved Indifference to Human Life The defendant was indicted for manslaughter in the second degree and criminal negligent homicide in connection with the deaths of two pedestrians, assault in the first degree in connection with serious physical injuries inflicted upon…
People v Murphy Court Discusses Whether the Sentence Imposed was Excessive in Driving While Intoxicated Offenses The defendant was convicted of aggravated driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2-a) (b), driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2), and…
Rodriguez v. Wolfe Court Discusses Whether Forum Non Conveniens Precluded it from Exercising Quasi in Rem Jurisdiction The decedent who was a passenger in one of the motor vehicles involved in a car accident died in Florida after the defendant was DWI driving while intoxicated. The defendant pled guilty and…
Lynch-Fina v. Paredes Court Discusses Whether Section 388 of the Vehicle and Traffic Law was Limited to only Negligence The plaintiff, who was the administratrix of the estate of the decedent, who was a young infant bought an action against the defendants who were the owner of the motor vehicle…
In November 2007, defendant was charged with violating one count of Section 1192.2 of the New York State Vehicle and Traffic law (Driving While Intoxicated [DWI]), a misdemeanor, and one count of Section 1192.2(a) of the New York State Vehicle and Traffic law (Aggravated DWI), also a misdemeanor. A Nassau…
People v. Carroll Court Discusses Whether the Defendant was Permitted to Inspect Grand Jury Minutes The defendant was indicted for driving an automobile in a reckless, culpable and negligent manner, thereby causing another’s death, and misdemeanor of driving automobile while intoxicated. The defendant requested an order granting him inspection of…
This is a custody and visitation proceeding pursuant to Family Court Act article 6 wherein the father appeals from an order of the Family Court of Kings County dated 9 November 2009, which awarded sole custody of the subject children to the mother and only awarded him visitation from Monday…
In this proceeding, a man seeks to enjoin the district attorney from prosecuting an indictment which was filed by the grand jury. The man asserts that the district attorney lacks jurisdiction to proceed. The matter was started when the man was arrested and charged with assault in the second degree,…