US Court of Appeals, 2nd Circuit Finds Possession of Child Pornography in Temporary Internet Files

The 2nd Circuit held that a defendant does not have to save Internet files containing child pornography to his hard drive to be criminally liable.    The decision comes on the heels of the May 8th New York Court of Appeals decision which held that viewers of free online pornography are not breaki...
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Tweets in the Malcom Harris matter are Subject to Manhattan DA’s Subpoena

Criminal Court Judge Matthew Sciarrino Jr. held in People v. Harris, 2011NY080152 that Twitter Inc. must produce tweets and user information in Wall Street protester case.  The Judge reasoned that the defendant lacked standing, at the time, to quash the subpoena, as the defendant had “no propriet...
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Katie Holmes Seeks Split from Tom Cruise Under New York Law

It appears a legal battle is waiting in the wings to determine the proper venue for the divorce suit between actors Katie Holmes and Tom Cruise, and custody over their daughter Suri.   According to New York state law, a couple must satisfy one of the following residency requirements to be divorced...
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Pro Bono Requirements for Newly Admitted New York Attorneys

Chief Judge Jonathan Lippman is planning to require future New York attorneys to perform 50 hours of pro bono service before being admitted to practice law in New York.   Pro bono is a Latin phrase generally used to describe professional work undertaken without payment or at a reduced fee, as a pu...
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UPDATE: Manhattan DA: Detroit Tiger Delmon Young Still Facing Charges

The Manhattan DA is still pushing forward with its misdemeanor hate crime assault case against Detroit Tiger Delmon Young for his accused drunken anti-Semite tirade in which he is accused of yelling “F*cking Jews!” and attacking a male tourist in New York city.   The DA’ office has apparentl...
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Congratulations to the Massapequa High School Moot Court Team!

The Massapequa High School Mock Trial Team edged past Roslyn High School to win the Marcus G. Christ Championship Trophy in the New York State High School Mock Trial Tournament (“NYSHSMTT”).   The NYSHSMTT is the nation’s largest moot court competition for high schools and provides students ...
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Class Certified in NYPD Stop and Frisk Program

Judge Shira Scheindlin ruled “overwhelming evidence” exists that the NYPD is running a centralized “stop-and-frisk” program that has led to thousands of unlawful stops and arrests.   As a result the federal judge certified a 2008 class action lawsuit that challenges the NYPD “stop and fr...
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Resisting Arrest Charges Dismissed in Brooklyn Family Court

On May 7, 2012, the Court in Matter of Victorino W., D-29783-11, dismissed two resisting arrest charges against two female students when it held there was insufficient evidence to show that neither of the two respondents knew they were being arrested.   The first student Victoria W. allegedly push...
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