The United States Supreme Court approximately three weeks ago granted Troy Anthony Davis- who was convicted by a Georgia jury of murdering an off duty police officer and sentenced to death - a stay of execution pending disposition of his writ of certiorari. The United States Supreme Court announced today that it has denied the writ of certiorari. The Court’s denial of the writ of certiorari automatically terminates the stay of execution. A new execution date has not yet been set.

New York Governor David A. Paterson has signed a bill into law that creates the “Piracy Protection Act”. The “Piracy Protection Act” establishes the crimes of unlawful operation of a recording device in a motion picture or live theater in the first degree, second degree and third degree.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the third degree if they operate a recording device in such a theater without authority or written permission from the operator. Unlawful operation of a recording device in motion picture or live theater is a violation.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator for financial profit or commercial purposes. [Penal Law § 275.32(1)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and the material recorded is fifteen minutes or longer. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and a substantial portion of a motion picture or theatrical performance is recorded. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the first or third degree within the last five years. [Penal Law § 275.32(3)] Unlawful operation of a recording device in a motion picture or live theater in the second degree is a class A misdemeanor.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the first degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the second degree within the last ten years. [Penal Law § 275.34(1)] Unlawful operation of a recording device in a motion picture or live theater in the first degree is a class E felony.

The purpose of the new law is to protect valuable jobs, the state’s economy and important tax revenue that are threatened by criminal enterprises that engage in making and selling counterfeits worldwide. Senator Padavan and Assemblyman Lentol sponsored the bill. New York State Governor Paterson signed the bill into law on October 10, 2008. The “Piracy Protection Act” will take effect on October 26, 2008.

A federal grand jury has indicted twenty-year old David C. kernell of Knoxville, Tennessee for intentionally accessing Republican vice presidential candidate Sarah Palin’s E-mail account without authorization on or about September 16,2008. Kernell allegedly changed Sarah Palin’s e-mail password after having successfully answered a series of security questions. Kernell is accused of thereafter taking screenshots of the directory and content of Sarah Palin’s e-mail account and posting those screenshots on a public website together with the new password.

The indictment was handed down by a federal grand jury in Knoxville on October 7, 2008. The indictment was unsealed on October 8, 2008. Kernell surrendered himself and was arraigned before U.S. Magistrate Judge C. Clifford Shirley on October 8, 2008. Judge Shirley released Kernell from custody without bail. Kernell –if convicted- is facing up to five years in prison followed by three years of supervised release and a fine of $250,000. No trial date has been set. The Department of Justice press release correctly points out that an indictment is merely an allegation and Kernell is presumed innocent unless and until proven guilty in a court of law.

Denver District Attorney Mitchell R. Morrissey and Denver Chief of Police Gerald Whitman have issued a joint press release today stating that a Denver Grand Jury has handed down a thirty-nine count indictment in the Darrent Demarcus Williams murder case. Williams- who played cornerback for the Denver Broncos and owned independent record label RYNO Entertainment- was shot and killed in a drive- by- shooting while in a rented Hummer Limousine in downtown Denver Colorado on January 1, 2007. Two other passengers in the limousine –Brandon Flowers and Nicole Reindl- also suffered injuries in the drive-by- shooting. Seventeen people were in the limousine at the time of the shooting.

The press release indicates that Willie D. Clark has been charged with two counts of first-degree murder, sixteen counts of attempted first –degree murder, two counts of second-degree assault, illegal discharge of a firearm, sixteen crime of violence counts ( sentence enhancer), and two counts of possession of a weapon by a previous offender. Clark –who is presently in federal custody- faces a sentence of life in prison without parole if convicted of the charges. Clark is of course presumed innocent unless and until he is proven guilty in a court of law.

New York State Attorney General Cuomo announced today that the president and vice president of the 229 Knickerbocker Corp have been arrested and charged with falsifying business records in the first degree, offering a false instrument for filing in the first degree and failure to pay wages. The 229 Knickerbocker Corp. is the parent company of the Bushwick Associated Supermarket located at 220 Knickerbocker Avenue in Brooklyn which has been the subject of local boycotts . It is alleged the defendants had baggers working for only tips. It is alleged that delivery people were paid less than minimum wage and were not paid overtime despite working an average of seventy hours per week. It is alleged that cashiers and stock people were not paid overtime even though they worked extra hours almost every day that they worked at the supermarket. It is alleged the defendants maintained books that wrongly showed that no supermarket employee worked more than forty-hours per week. It is alleged that the defendants understated the number of employees working at the supermarket on documents filed with the State’s Unemployment Insurance Fund. The New York State Attorney General’s Office is also filing a civil suit against the supermarket asking for over six hundred thousand in back wages for more than thirty workers who were allegedly underpaid since 2004. Attorney General Cuomo’s press release correctly notes that the charges against the two executives are merely accusations and the two executives are presumed innocent until and unless proven guilty.

New York Governor David A. Patterson has signed a bill into law that amends the social services law and domestic relations law with respect to certification and approval of foster and adoptive parents convicted of certain crimes. A person convicted of an enumerated crime can no longer be approved to be an adoptive or foster parent. This is now true even if that person can demonstrate that denial of their application creates a substantial risk of harm to the physical and mental well being of the child, approval of the application would not place the child’s safety in jeopardy and approval of the application would be in the best interest of the child. The enumerated crimes can be found in Social Security Law § 378-a (2)(e)(1). The purpose of the new law is to guarantee continued federal funding under Title IV-E of the Federal Social Security Act. Senator Kruger and Assemblyman Titus sponsored the bill. The senate bill number is S.7449 and the assembly bill number is A.10803. Governor Paterson signed the bill into law on September 25, 2008 and the new law took effect October 1, 2008.

New York Governor David A. Paterson has signed a bill into law amending Article 156 of the Penal Law that addresses offenses involving computers. The new law makes it a D felony to alter or destroy computer records of an individual’s medical history or treatment if that individual because of having his or her records altered or destroyed suffers serious physical injury. [Penal Law § 156.26(2)] The new law also makes it a class B Misdemeanor to unlawfully reproduce or duplicate in any manner an individual’s medical history or treatment records with intent to commit any Penal Law crime. [Penal Law § 156.29] The new law also changes the title of Penal Law §156.30 from “Unlawful Duplication of Computer Related Material” to “Unlawful Duplication of Computer Material in The First Degree”. The new law also makes it a defense to a violation of Penal Law §§ 156.29 and 156.30 that the defendant had reasonable grounds to believe that he or she had the right to copy, reproduce or duplicate in any manner the computer data or the computer program. The purpose of the bill is to keep the law up to date with the computer age. Senator Volker and Assemblyman Rosenthal sponsored the bill. The Assembly bill number is A11657 and the Senate bill number is S.7695. Governor Paterson signed the bill into law on September 25, 2008. The new law takes effect November 1, 2008.

New York State Governor David A. Paterson has signed a bill into law authorizing the manager of a child protective unit or a person with a background in law enforcement designated by the commissioner of the local social services district to review the criminal record of any adult residing with a suspected abused, neglected or maltreated child. The purpose of the statute is to protect CPS workers from violent criminals, allow identification of individuals with a history of committing crimes against children and assist CPS workers in evaluating a child’s situation. The new law can be found in executive law § 835(9) and social services law §424 (6). Assemblyman Robach and Senator Mayersohn sponsored the bill. The senate bill number is S. 2978-A and the assembly bill number is A.4425. Governor Paterson signed on September 25, 2008. The law is effective immediately.

New York Governor David A. Paterson has signed a bill into law related to suspension periods for reckless operation of a boat and operating a boat under the influence of drugs or alcohol. A judge may now suspend a person’s privilege to operate a boat for at least three months but less than twelve months upon a conviction of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months upon being convicted of reckless operation of a boat within eighteen months of having been previously convicted of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for twelve months if they have been convicted of reckless operation of a boat after having been convicted of reckless operation of a boat on two previous occasions within the last eighteen months. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months if they are convicted of operating a boat while under the influence of drugs or alcohol. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months for a third speeding while boating conviction within eighteen months or for any other boating misdemeanor conviction. The judge in imposing such suspensions may consider the seriousness of the offense and may require the suspension be in effect during a portion of the present or next boating season. The new laws can be found in Section 45 and 49-a of the navigation law. Senator DeFrancisco and Assemblyman Schimminger sponsored the bill. The senate bill number is S.1823 and assembly bill number is A.3143. Governor Paterson signed the bill on September 25, 2008. The new law took effect immediately.

New York Governor David A. Paterson signed a bill into law that compels courts before issuing orders of custody or visitation to review decisions in child protective proceedings, orders of protection, warrants of arrest and sex offender registries with respect to any person seeking custody or visitation. If the court issues a temporary emergency order of custody or visitation without having been able to first review such decisions, warrants, orders or registries, it must review them within twenty- four hours of issuing the order. The court is to disclose the results of the review to associated legal counsel. The new law is in section 240 of the domestic relations law. The assembly bill number is A11657 and the senate bill number is S8569. Governor Paterson signed the bill on September 25, 2008.The new law will take effect January 23, 2009.

New York Governor David A. Paterson has signed a bill into law that requires the chairman of the state board of parole to establish guidelines and procedures related to sanctioning residences of level two and three sex offenders. The new rules and regulations are to require the division of parole to consider specific factors when investigating and approving the residence of level two and three sex offenders released on presumptive release, parole, conditional release or post-release supervision. The factors to be considered include: whether there is a concentration of sex offenders in a certain residential area or municipality; the number of sex offenders residing at a particular property; proximity of entities with vulnerable populations; accessibility to family members, friends and other supportive services; and availability of permanent, stable housing. [ Executive Law §259(5)] The purpose of the bill is to reduce the risk to public safety created by high concentrations of sex offenders in certain residential areas. Senator Flanagan and Assemblyman Eddington sponsored the bill. The assembly bill number is A. 2385. The senate bill number is S.8035. Governor Paterson signed the bill on September 25, 2008. The new law takes effect January 23, 2009.

New York Governor David A. Paterson recently signed a bill into law expanding the powers granted to appointed private college campus security officers by amending education law § 6435. Appointed private college campus security officers now have the additional authority to: issue appearance tickets pursuant to criminal procedure law §150(3); issue uniform appearance tickets pursuant to article twenty-seven of the parks, recreation and historic preservation law; issue simplified traffic information pursuant to criminal procedure law §100.25 and vehicle and traffic law § 207; issue a uniform navigation summons and/or complaint pursuant to navigation law §19; and issue uniform appearance tickets pursuant to article seventy-one environmental conservation law. [Education law § 6435(1)(e)(f) and (g)] Appointed private college campus security officers can now also seize alcoholic beverages if they observe a person under twenty-one years old openly in possession of an alcoholic beverage with intent to consume it. [Education law § 6435(1)(i)]. The bill was drafted and passed to put appointed private college campus security officers on par with state university guards. Senator LaValle and Assemblyman Lentol sponsored the bill. The senate bill number is S.6949 and the assembly bill number is A. 9271. The new law takes effect immediately.

New York Governor David A. Paterson has signed a bill into law amending the Penal Law in relation to the criminal mischief statutes by adding a new section 145.13. The new law makes it a crime for person to damage their own property if they do not have the consent of a joint or co-owner of the property to damage it. Senator DeFrancisco sponsored the bill in the New York Senate. Assemblyman Weinstein sponsored the bill in the New York Assembly. The senate bill number is S.2061. The assembly bill number is A.6308. The new law will take effect November 1, 2008.

New York Governor David A. Patterson has signed a bill into law amending Penal Law § 240.21 and Civil Rights Law § 79-making it a misdemeanor for a person to purposely create a disturbance at a funeral, burial or memorial service. It also empowers the attorney general and local prosecutors to apply for an injunction to stop any person or group from purposely creating a disturbance at a funeral, burial or memorial service in violation of Penal Law § 240.21. This new law was drafted and passed in response to a string of insensitive protests that have recently occurred at military funerals across the United States. Assemblyman Cusick and Senator Defranisco sponsored the bill. The Assembly bill number is A.2385. The Senate bill number is S.56-B. The new law is to take effect immediately.

New York Governor David A. Paterson has signed a bill into law amending Criminal Procedure Law § 720.15(1). The amendment authorizes criminal courts to seal an accusatory instrument filed against an eligible youthful offender automatically. This amendment eliminates any requirement for a formal application to seal the record of the accusatory instrument by permitting the court to seal the accusatory instrument sua sponte at arraignment. Automatic sealing of the accusatory instrument will help protect eligible youthful offenders from the stigma associated with alleged criminal conduct. Assemblyman O’Donnell and Senator Volker sponsored the bill. The senate bill number is S7124. The assembly bill number is A10502. The amendment is scheduled to take effect January 1, 2009 and apply to every action or proceeding commenced on or after that date.