by Fred Sisto | Oct 19, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County
In Garson, the court reversed the dismissal of an indictment charging the defendant judge with violating New York Penal Law § 200.25, receiving a reward for official misconduct by violating his duty as a public servant, but affirmed dismissal of the indictment...
by Fred Sisto | Oct 17, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County
The State next turns to Canons One and Two of the Code for support. Canon One provides, “An independent and honorable judiciary is indispensable to justice. A judge therefore shall uphold and should promote the independence, integrity and impartiality of the...
by Fred Sisto | Oct 15, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County
The same principle is at the core of State v. Weleck, another pre-Code case. There, the defendant, a borough attorney, was charged with extorting payments from a citizen in return for agreeing to use his influence to secure the passage of a favorable zoning amendment....
by Fred Sisto | Oct 13, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County
On September 11, 2017, a three-judge appellate panel decided the case of State v. Carlia Brady. The principle issue in the case is whether a Superior Court judge be found guilty of criminal official misconduct based on a failure to enforce an arrest warrant for her...
by Fred Sisto | May 26, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
In the present case, the government contracted with a non-profit entity to perform services or functions that are provided in both the public and private sectors. A uniquely governmental service or function, almost by definition, cannot be one where the private sector...