Judgment of the Supreme Court convicting the accused, following a jury trial, of manslaughter and sentencing him to an indeterminate term of imprisonment of from six to eighteen years, is reversed on the law and the matter remanded for a new trial. The accused was indicted for murder in the…
The determination as to whether a parent is brought to court for maltreatment of a child is made by the New York State Office of Children and Family Services. When a complaint of child abuse is brought to them, it is their job to investigate the compliant thoroughly and to…
On January 2, 2008, an eight year old girl became defiant with her mother. They lived in New York. The child became physically aggressive and threw objects in the room and then went to her room and slammed the door. Her mother followed her into her room and took one…
Dealing with child abuse situations is difficult, especially when the officers of the court are parents themselves. Understanding why families can be torn apart by this type of violence is often impossible to comprehend. Police officers and prosecutors can become caught up in the emotion of the incident and fail…
The Kings County Court on July 22, 1958, was called upon to evaluate two separate cases that involved requests for specific information from protected patient records in a hospital. The court was asked to determine if the cases warranted the release of the medical records, or if the cases were…
In 1958, a man was involved in a vicious fight with another man. It ended with the assailant pummeling the second man to the point where he was hospitalized. Some days following his admittance into the hospital, the man victim died. The assailant was charged with homicide for the death…
The use of marijuana has become more mainstream over the years as the children of the 1960’s have grown up and had children of their own. The easy availability of the drug and relatively few side effects have made it a popular drug of choice even though it is illegal.…
White collar crime and identity theft are such a huge problem in the United States that most people have become accustomed to taking basic precautions to protect their identities. However, often even the best precautions are not enough. Human error can play a role in the equation as well. Everyone…
In 1987, a man was arrested at his place of business for raping his 15-year-old step sister on several different occasions. He was also charged with the rape of a 12-year-old neighbor when she was at the house where he lived. That incident was supposed to have occurred on April…
As a general rule, recovery for damages can be warranted when the negligent act is the proximate cause of the injury complained of. An exception to this principle is when there exists an intervening act which is extraordinary under the circumstances, not foreseeable in the normal course of events, or…