Results tagged “court”

In a 4-3 decision, New York State's highest court rejected a Christian legal group's argument that same-sex marriage was akin to incest and polygamy, and should therefore be denied government benefits for spouses. But the court's narrow ruling did not address the broader question of whether same-sex marriages performed in other states should be recognized in New York. The minority vote came from judges who argued that the case should have been tossed altogether, "on the ground that same-sex marriages, valid where performed, are entitled to full legal recognition in New York."

A Manhattan Federal Court judge did double duty as the fashion police yesterday, when he ordered a groovy balloon artist who's suing police to go change out of his tie-dyed T-shirt, tie-dyed patchwork overalls, and far-out multicolored sneakers. Russian immigrant Alexander "Sasha" Alhovsky, 40, was in the court room during jury selection for the lawsuit, which seeks unspecified damages over claims that the NYPD used excessive force when he was taken into custody in June 2006, on suspicion of planting a fake bomb inside an UES Starbucks three days earlier.

Gov. David Paterson followed former Mayor Rudy Giuliani's lead yesterday, when he denounced plans to hold the trial for Kalid Shaikh Mohammed and four other suspected terrorists in New York.

With the job market remaining stagnant, more unemployed New Yorkers are volunteering for jury duty. "People are calling up, saying, 'Look, I lost my job; now would be a good time for me to serve,'" Vincent Homenick, chief clerk of the jury division for Manhattan, told the Post. "Not that $40 will pay the bills, but it's something." The unemployed aren't the only New Yorkers eager to get into the courthouse — a group of seniors dubbed "junkies for justice" travel across the city to attend the most interesting trials. Legal enthusiasts like Benjamin Rosen, 95, would rather spend their days watching real life episodes of Matlock "than watching TV soaps or playing bridge," the paper notes. "There's tension in the air," said Rosen. "It's like seeing an action movie. I like to decipher what's lies and what's true. And the courtroom is very nice and air-conditioned in the summer."

The United States will try September 11 attacks mastermind Khalid Sheikh Mohammed, as well as four other 9/11 terror plotters, in New York City. Federal sources say that U.S. Attorney General Eric Holder will make the announcement today; President Obama didn't confirm the details, but did say from Japan, "I am absolutely convinced that Khalid Sheikh Mohammed will be subjected to the most exacting demands of justice."

Disgraced former NYPD Commissioner Bernard Kerik was released from jail last night on $1.5 million bond and placed under house arrest as he awaits his February sentencing on various federal crimes. For the next few months, Kerik must wear an electronic monitoring bracelet and is not allowed to set foot outside his $2.5 million home in Franklin Lakes, N.J., except to visit lawyers, his church, and a hospital emergency room, if necessary. He's also allowed to meet with accountants fixing his fraudulent tax returns, but yesterday a judge denied Kerik's request to walk his children to school, telling him, "This is not home confinement with morning strolls and afternoon strolls."

Taking cheap shots at the overweight prosecutor in court can be costly: Defense lawyer Raphael Scotto, 62, has been fined $2,500 and barred from city administrative court for mocking husky prosecutor Victor Muallem and making other inappropriate remarks. According to court papers obtained by the Post, Muallem was squeezing between two desks during a sexual-harassment hearing when Scotto cracked, "Tough fit, there, huh?" Real mature.

When the Jane Hotel first entered the neighborhood, Community Board members say they were enthusiastic about the ballroom, having "visions of people reading from their new works in an elegant salon." While the March sisters may have found parlor readings of contemporary literature a satiating social experience, the Olsen twins represent the Jane's real clientele, and we're guessing they don't read much Murakami whilst making their late night rounds.

Yesterday one ebullient Stuyvesant Town tenant said he expected his market-rate apartment to revert back to rent-regulated rent levels "immediately," now that the state's highest court has ruled that property owner Tishman Speyer improperly raised rents while also receiving tax breaks from the city. But tenants are almost definitely in store for more legal foot-dragging from Tishman Speyer, which could be liable for some $200 million in damages. After fighting off the tenants' lawsuit for years, Tishman Speyer isn't just going to roll over, especially since the company is at high risk of default on some $4.4 billion in loans. Every million counts!

As reported yesterday, superstar rapper/pot-enthusiast Lil Wayne pled guilty to gun possession charges in Manhattan Supreme Court, and is expected to serve most of 2010 behind bars in Rikers. The plea of "attempted possession" came as a surprise from Wayne, a dramatic turnaround after his attorneys spent the past two years arguing that police could not prove the gun found on his tour bus in July 2007 belonged to him. His defense lawyer, Stacey Richman, told MTV: "He opted to take the deal to take responsibility for the situation and I think it speaks of him that he's an individual with a strong constitution that he took that responsibility."

Yesterday the state's highest court ruled that it was illegal for Tishman Speyer to raise rents at Stuyvesant Town and Peter Cooper Village beyond certain set levels while also receiving tax breaks from the city for major renovations. Now landlords are afraid the ruling will impact their ability to flip rent-regulated apartments into luxury units. Ed Kalikow, whose family owns 2,000 apartments in town, tells the Times, "It's terrible for the industry. A lot of people bought property with the thought that they would get the rents up. People made decisions on that. Banks made loans. This decision is another nail in the coffin." There is not a violin on Earth tiny enough to play at that funeral!

About a year ago rapper Lil Wayne was in Manhattan court claiming his tour bus was totally pot free after he performed at the Beacon Theater... a venue where surely the Allman Brothers have smoked a little grass on occasion. Anyway, the rapper allegedly tossed a Louis Vuitton bag with a gun inside when the NYPD approached the bus, which got him charged with "attempted weapon possession."

Passengers and LIRR employees are painting a much different picture of Sunday night's arrest of an off-duty NYPD officer who pointed his gun at rowdy Rangers fans. You'll recall that Officer David Hendrick, a 16-year veteran, gave a television interview Monday night insisting that he pulled his weapon in self-defense after the hockey fans reacted violently to his attempts to shush them. But court papers obtained by Newsday tell a different story.

Earlier we noted that actress Kirsten Dunst was heading to the courthouse today to testify against a Manhattan mechanic accused of stealing the actress's handbags and whatnot, while she was stationed at the SoHo Grand hotel penthouse. 35-year-old James Jimenez now faces 15 years in prison if convicted; his accomplice, Jarrod Beinerman, was already sentenced to 4 years.

The alleged serial rapist who terrorized Upper Manhattan for over a month tried to make a break for it during his arraignment Monday night. He didn't get very far. According to the Post, an unidentified young woman—believed to be a girlfriend—was in the Manhattan Criminal Court room sobbing and blowing kisses at suspect Vincent Heyward, whose DNA matched all four victims. When Heyward saw her, he bolted for the back door of the courtroom, pursued by more than a dozen court officers.

Animals sure are having a big news day; the latest word is that the city is getting some pressure put on it to construct full-service animal shelters that reach all five boroughs.

A New Jersey woman has admitted she fabricated an allegation of rape against a man who's now serving a 20-year-sentence for the alleged assault. William McCaffrey, 31, was sentenced in 2006 after Biurny Peguero Gonzalez testified that he and two other men raped her at knife point in a van parked in Upper Manhattan in September 2005. But she now says she made the whole thing up, to cover for a fight with some of her women friends. Last year, new scientific developments enabled investigators to retest the DNA from bites on Gonzalez's arm; no "Y" chromosome was found, meaning the bites could not have come from a man.

Bronx Judge Joseph Dawson is fed up with the overly casual attire worn by defendants in his courtroom, and he's putting lawyers on notice that their clients need to class it up. On Monday he schooled a man for wearing shorts and a T-shirt, explaining, "I'm not saying you have to wear a suit. You don't. Just wear something appropriate." And he berated lawyer Edward McGowan: "Your client comes up in a T-shirt and sweatpants, chewing gum? This court deserves more respect than that." The fashion lesson sent defendant Mirabel Aquino—who was awaiting her drug-case sentencing in purple shorts, a tank top and gold flip-flops—scrambling to the ladies room to swap outfits with her better-dressed sister. After the quick change, she got five years' probation, and her lawyer admits, "In the Bronx, things can get a bit lackadaisical." But is judge Dawson demanding too haute couture from indigent defendants? A lawyer with the nonprofit Bronx Defenders tells the Daily News, "All of our clients are poor. What may be the best clothes they have might be considered by others to be disrespectful to the court."

Since Michael Jackson coverage officially died on Sunday (R.I.P.), it's time for Janet to get some headlines. The Daily News reports that a Manhattan judge has finally ruled on a 2005 case involving a Bronx man who claimed to have been beaten by the singer's bodyguards at Marquee. The man, Leonard Salati, was attempting to give Jackson his phone number in February 2004 at the Chelsea hotspot, and that's when the alleged beating occurred. He promptly sued Jackson for $120 million and, in 2007, a judge had allowed the case to go forward and said Jackson had to give a deposition. Recently, a new judge told the man to "Beat It" (sorry) due to a lack of evidence. Now that his case has been dismissed, there's no word on if he'll attempt to sue the security company involved... but we're guessing Janet never called.

Nigerian heroin smuggler Rex Eguridu was just trying to be nice by complimenting correction officer Krystal Mack one fateful day back in April 2007, while he was being held at the Queens Private Correctional facility. But instead of a smile, all he got was a humiliating beating from Mack's supervisor for his remark, "Hello, baby. You look beautiful today." Eguridu appeared in Brooklyn Federal Court yesterday to testify against Lt. Marvin Wells, who he says overheard the compliment and proceeded to march him into the bathroom shower, ordered him to strip naked, and punched him three times in the chest and neck. Wells then allegedly forced Eguridu to kneel in front of Mack and apologize; he told a jury yesterday that "[Wells] said if I ever call an officer 'baby' again ... he's going to kill me." Eguridu sustained permanent injuries to his throat after the incident, and, according to the Daily News, received an $80,000 settlement from the GEO Group, which operates the jail under a contract with the U.S. Marshal's Service. Wells is now charged with violating Eguridu's civil rights, while Mack and two other guards are accused of conspiring to cover up the attack.

The 33-year-old author using the pen name J. D. California, who penned a sequel of sorts to the classic Catcher in the Rye, should have known that J.D. Salinger doesn't take too kindly to phony folk. California's book is described as “An Unauthorized Fictional Examination of the Relationship Between J. D. Salinger and his Most Famous Character,” and prior to its U.S. release it has landed in the courtroom. Unsurprising, since Salinger has even kept the likes of Steven Spielberg from touching his characters. While he hasn't published a new work since 1965, he's done a good job at preserving his old ones (often through lawsuits like this one).

Yesterday Al Roker was called out for Twittering too much during his jury duty duties, even posting photos of potential jurors for the case, which common sense will tell you isn't a good idea. Today the NY Post reports that Roker acknowledged making "a mistake" but said it was "inadvertent." Fellow weatherman Sam Champion showed his support on Twitter, and he wasn't the only one. David Bookstaver, a spokesman for the state Office of Court Administration, seems to be happy that Al became a poster boy for civic duty, albeit only for one day (Roker wasn't picked for the panel). Bookstaver told the paper, "What's more important is this shows Al came to do his civic duty, and we're happy about that. It's a good example that nobody's exempt." The Daily News points out that he also claimed that Roker's actions weren't illegal, "despite a sign which says in no uncertain terms that taking photographs 'anywhere in the courthouse is strictly prohibited.'" Looks like some people are exempt from that one, eh Bookstaver?

Hipster Grifter Kari Ferrell has been hanging out a safe distance from Brooklyn, in the unofficial sixth borough of Philly. The Observer's Doree Shafrir, who introduced the world to the grifster, was in the Philadelphia courtroom that Ferrell appeared at this morning. Reportedly Ferrell gave an address in Brooklyn as her current one (you know, aside from her really current one at Riverside Correction Facility in Northeast Philadelphia). She also told the court during her hearing that she had a bachelor’s degree in music from the University of Utah, something that university was surprised to hear, as they'd never heard of a Kari Ferrell before and had no records of her ever attending. After a few more questions and answers, the hearing was over, and now Utah has 30 days to pick up their problem child. If they don't come and get her, "she has the right to habeas corpus, meaning that the Commonwealth of Pennsylvania could decide it no longer wishes to keep her, and let her go." And if that happens, a few gullible Brooklynites are about to get grifted (albeit after some mouth handjobs).

[UPDATE BELOW] The daring streaker who charmed America by dashing out onto Citi Field during Tuesday night's Mets game could get up to a year in jail! After his arrest, 38-year-old Craig Coakley of Whitestone, Queens reportedly told police, "I didn't think I was gonna get in so much trouble. It was a bet. My boss said he would pay me a week's worth of salary if I did it and my lawyer told me it's only a misdemeanor." But back in 2003 the City Council passed the so-called Calvin Klein law to impose harsher punishments on fans who disrupt sporting events; the bill was prompted by the designer's bizarre, drug-fueled attempt to chat with Latrell Sprewell on the court during a Knicks game. (In 2005, the city implemented even tougher penalties.)

Yesterday New York's highest court upheld the felony forgery conviction of a man who was arrested in 2005 for "selling swipes" to subway riders using MetroCards altered with a simple bending technique. How simple? Well, Judge Victoria A. Graffeo tells you pretty much exactly how to do it in the 12-page decision [pdf], which explains how defendant Jonathan Mattocks would bend discarded MetroCards in such a way that the turnstile computers were unable to read one of two magnetic fields on the cards, resulting in a "free" ride.

Yesterday more court papers were filed for the upcoming American Apparel/Woody Allen showdown, and the NY Post's Cindy Adams thinks it's going to get uglier than a Nylon Spandex Micro-Mesh Bodysuit.

Two Fire Island police officers have been acquitted of most of the charges against them stemming from a 2005 incident that left a tourist with a burst bladder. While the jury remains deadlocked on a lesser charge of third-degree assault, a misdemeanor with a maximum sentence of a year in jail, they have found Police Chief George Hesse and Officer Arnold Hardman not guilty of first-degree gang assault, as well as other charges. The two were accused of beating a drunken marketing exec named Sam Gilberd at the Ocean Beach police station after arresting him for littering. The beating allegedly occured after an irate Gilberd kicked the station door after he was initially released; he says the cops then pulled him back inside and beat him senseless. According to Newsday, the officers' lawyers may now try to get the other charge dismissed, but Gilberd's still proceeding with his civil lawsuit, seeking $22 million in damages.

Forty-nine states in the Union permit residents to pursue no-fault divorces, but not the Empire State. New York doesn't accept "irreconcilable differences" as grounds for ending marriage, and so one spouse must prove in court that the other is guilty of adultery, cruel and inhuman treatment, or withholding sex for a year.

Kelly Bensimon, the 40-year old former model, socialite, scribe of some bikini book, and one of the unmarried Real Housewives on the Bravo reality show is giving herself a new title: victim. The NY Post reports that she claimed to be innocent at a pretrial hearing yesterday regarding the beating she allegedly gave her ex-boyfriend Nick Stefanov earlier this month in her SoHo digs. Her lawyer told the paper, "The guy wouldn't leave her apartment. He pushed and shoved her, then he calls the police. You're entitled to push him out of your apartment [if he doesn't voluntarily leave]." Bensimon claims she's received threatening emails from the ex, one saying "I'm going to make your life misery." Meanwhile, Stefanov wants the order of protection extended. If convicted of the misdemeanor third-degree assault charges, Bensimon could face a year behind bars. Maybe she can be cellmates with the other alleged Bravo boyfriend beater Kenley.

Harlem rapper Jim Jones headed to court yesterday following an alleged physical assault on someone at the 5th Avenue Louis Vuitton store late last year. Not just anyone, ahem, some pal of an R&B star called Ne-Yo and the younger brother of rapper Jay-Z's road manager, reports The Daily News. Why is it that court dates always coincide with album drops? The paper also notes that his solo album hit stores yesterday, and he performed at Virgin Megastore hours after standing before a judge to reject a plea deal. Instead of taking 10 days of community service for the incident, the case will now go to trial on April 21st. His lawyer maintains that the other guy started it.