Jump to content

User:Rdmlawpc

From Wikipedia, the free encyclopedia

I shall endeavor to gather citations for all legal decisions cited. As for comments made to me, I have no problem acknowledging that I am the primary source. Furthermore, In the Matter of the Petition of RAYMOND MARQUEZ, DETERMINATION, DTA NO. 818561, that I posted on JD Supra<<http://www.jdsupra.com/post/documentViewer.aspx?fid=e8603918-1de5-4c14-8705-cb89f574f4dd>> you can verify what the NYS Tax Appeal Division determined for yourself. As for the reference to the appeals of the attempt to withdraw Mr. Marquez's guilty plea, that statement finds support in the New York Times story by Selwin Raab who states in the last paragraph of his interview article dated July 6, 1997, for which I was present and was held in my Manhattan office, that, "[A]waiting the appeals court decision, Raymond Marquez says that his only remaining link to the numbers world is as a customer who ventures a few dollars on an occasion hunch." Additional reference is available from appellate court records, such as in THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.RAYMOND MARQUEZ, DEFENDANT-APPELLANT; in which Judges: Rosenberger, J.p., Ellerin, Wallach, Williams, Saxe, JJ. decided as follows:

Judgments, Supreme Court, New York County (Franklin Weissberg, J.), rendered April 15, 1997, convicting defendant, upon his pleas of guilty, of attempted enterprise corruption and promoting gambling in the first degree, and sentencing him to a term of 5 years probation and a 3-year period of conditional discharge, unanimously affirmed.

Defendant's motion to withdraw his pleas was properly denied. The original sentence agreement provided for 5 years probation, the first 90 days to be served in jail. Although that sentence would have been illegal, the court took proper curative action by eliminating the 90-day jail term and thereafter imposing a lawful sentence of probation only (see, Matter of Kisloff v Covington 73 NY2d 445; People v Monereau, 181 AD2d 918, lv denied 79 NY2d 1052). Since the sentence was no more severe, and indeed was clearly less harsh, than that promised, defendant was not entitled to withdraw his pleas. The confusion, if any, over the original sentence cannot be said to have created such an ambiguity that the voluntariness of the pleas is called into doubt. Defendant's remaining contentions are without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: MAY 7, 1998

Since, not all decisions are are published, your request for citations is a bit burdensome. However, with your Pulitzer Prize winning abilities, I am sure you can confirm all of what I have stated as truthful. As for the ultimate determination for Unincorporated business tax owed that was originally well under 1 million dollars as discussed in the NYC Tax Appeals Tribunal's decision that is available for viewing at <http://www.nyc.gov/html/tat/downloads/pdf/97107Edec0507.pdf> my statement can easily be verified.

As for the remaining citation needed, you can refer to the New York Times article entitled, Convicted Gambler Whose Lawyer Is His Son, By JOHN ELIGON, Published: May 27, 2008.

So, as far as I am concerned, I again insist that the post be made complete and that my edits be allowed to remain in tact. By the way, I am, as you well know a "primary source" and not some unverifiable opinionated editor. So you and your cronies had best take notice of what I have said herein. omitting the the parts that create balance to a story is just as disingenuous as making an untruthful allegation. It may even support liable charge. So just try to be fair about it and don't skew the story. You cooperation will genuinely appreciated.