The People of the State of New York Essay Example for Free

The People of the State of New York Essay Nature of the Case: Appeal upon a verdict convicting defendant of the crimes of assault on a police officer and criminal use of a firearm in the 2nd degree. Concise Rule of Law:Mental Hygiene Law  § 9.41 which permits persons who appear to be mentally ill and acting in a manner that threatens safety of self or others to be taken into custody. The Penal Law  § 120.08 imposes strict liability with respect to the serious injury aspect of a crime. Facts of the Case:In August 2008, McCray alerted Sunmount Developmental Disabilities Office (SDDO) and Franklin County Emergency Services he was armed and had intended on commit suicide. McCray was eventually found in a canoe to the Raquette River by a variety of police agencies including State Troopers and officers from Department of Environmental Conservation(DEC). This resulted in a standoff for many hours during which McCray maintained aim of the loaded shotgun at himself. A trooper seized an opportunity to grab the gun, along with a DEC officer. A struggle ensued and the gun went off causing massive injuries to a Troopers hand. After being arrested, McCray was charged by indictment with assault on a police officer and criminal use of a firearm in the 2nd degree. Following a trial, McCray was convicted as charged and sentenced to 15 years in prison followed by 5 years of post-release supervision, defendant appeals. Issues of the Case: Was McCray’s mental health status such that he qualified for consideration under Mental Hygiene Law  § 9.41 or Penal Law  § 120.08 which addresses the element of the intent? Did McCray’s attorney represent him effectively? Was his punishment considered harsh or excessive? Holding of the Case: Mental Hygiene  § 9.41 does not impermissibly criminalizes defendant’s mental illness. Penal Law  § 120.08 does not negate the requirement to prove intent. McCray was not impermissibly criminalized. McCray’s attorney had represented him properly. No, it was not excessive or harsh Rationale of the Case: As it is relevant here, Mental Hygiene Law  § 9.41permits a State Trooper to â€Å"take into custody any person who appears to be mentally ill and is conducting himself or herself in a manner which is likely to result in serious harm to the person or others† to detentions made pursuant to Mental Hygiene Law  § 9.41, and Penal Law  § 120.08 does not necessarily criminalize a defendants mental illness, contrary to defendants contention. The claim of ineffective assistance of counsel should have been made as an CPL Article 440 motion to the trial court, but, â€Å"viewed in totality and as of the time of representation,† we find the â€Å"evidence† the law, and the circumstances of [this] particular case†¦the attorney provided meaningful representation.† It is possible for an individual charged with assault on a police officer to present evidence at trial that he or she was mentally ill at the time of the incident, and thus, did not possess the requisite intent to commit the crime. Considering the defendant’s history, which dates back to 1987 and includes several prior firearm-related convictions, and the circumstances of this case does not support that the County Court abused its discretion in sentencing the defendant to the maximum available sentence, nor does it establish extraordinary circumstances exist that warrant a reduction of the sentence in the justice of the interest. The law and the circumstances of this particular case have revealed that the attorney provided meaningful representation. The decision that was imposed on McCrary by the County Court was not harsh or excessive. Disposition of the Case: On June 14, 2012 the judgment was affirmed.

History of Brown vs. Board Through Art :: Race Racial Segregation American History

History Through Art Brown vs. Board was a landmark case that changed America’s education forever. Some of these changes produced many opinions among the different states. One county even shut their public schools down for five years and posted signs blaming it on the Government. I am shocked that picture wasn’t in the exhibition at the Krannert Art Museum. Many of the featured artists have found their calling in capturing some aspects of the racial issue especially the equal education facet. The forms of painting and photography will remain in our world for many years and will help educate future generations on how those in our time coped with the feelings that racism brought to many of us. The exhibit in the museum stimulated my curiosity in the social realm of the decision in that courtroom. People began to see their futures differently. One painting that struck me as inspirational was Brett Cook-Dizney’s self-portrait. The colors he used were mainly bright. This usage of bright tones forced me to think about the reason he used them. Brett Cook-Dizney arranged the colors around his figure in such a way that the tones seemed to give the portrait a glow. He had many achievements that surrounded his painting that caused me to figure out why he used those bright colors; he was a bright young man. The painting had taken him three years to portray his feelings through his artistic approach. He had graduated high school in 1986, thirty years after Brown vs. Board. His work showed that there were still issues in racial equality in the school. Cook- Dizney’s self-portrait seemed to be a way to show the world how he wanted to be seen as opposed to how his teachers and peers saw him. In art he could paint himself in his true light. Cook-Dizney noticed that he had a shot at a bright future and owed much of it to the decision of Brown vs. Board. This court result offered him a chance to pursue a better education. You can see this in his work. He took his own critical approach to his self-image and made the viewer see him his way. This is an effective action for even the amateur art appreciator. After looking at this painting for a few minutes, you can feel the way he feels about the person he is and hopes to be. Brett Cook-Dizney had a couple more note-worthy paintings on display.

Life Changing Moment Essay

Ever since I can remember I spent almost ever y day at my Grandparents house. They live right down the road from my family and me, and that is how they got the title â€Å"Grandma and Grandpa down the road†. They lived in a small house three bedrooms, one bathroom, and a small living room with a fire place that can worm the coldest heart. And in their back yard stood a shed filled with old farm equipment and stray cats with their kittens that I would try to catch every day. They are now both 78 years old and sadly not very healthy. My grandpa was diagnosed with lung cancer in October, and it changed my grandpa’s life, my family’s life, and my life. I remember that October day so perfectly. I got out of class, called my Aunt Gwen for directions to the hospital he was at, and went on my way. I arrived at the hospital just as my grandpa was slowly making his way down the hallway with his oxygen and with my aunt right by his side. I look at her face and I can tell she is trying to hold back tears. My Uncle Jacky was there too which is my grandpas oldest son. After the doctors we went to Ryan’s restaurant and ate lunch, its where he always ate with my grandma when she had to go to the doctors. Now my grandpa is a big guy and watching him barely eat that day was terribly hard. I could barely look at him for I was trying to hold back all my tears with everything I had. From that day on I knew my grandpa’s life wouldn’t be the same. The doctors said they would be able to cure him, the cancer had spread to his fluids. My grandpa has been doing chemo therapy to just slow the cancer down and sadly he has to come to his last treatment. When this terrible news got around to the family we all grieved, especially my dad. My dad was my grandpa’s youngest son, and they are the closest out of all the kids. My dad is just like my grandpa, he’s hard working, tough, and hard of hearing. My dad was always down in the field with my grandpa. My grandpa would rack while my dad bailed hay, and after the boys got done my grandma would have lunch for them after a long day in the fields. Now that my grandpa is sick he won’t be able to do that. In fact the whole family doesn’t know if he will make it to hay season. My dad has to take care of two farms now, and my aunt has to stay at the farm house almost every day to take care of my grandparents since they are both sick. My family has been stressed to the max, we haven’t had any get to gathers in a while when my grandma would have a random family meal once a week. There is a lot of tension now from my grandma being stubborn and my grandpa not being able do very much at all when he used to be able to take care of her himself. My family is in a lot of pain, we never thought this would happen to us and now we can barely talk about the situation without somebody getting frustrated or upset our lives will forever be changed. Now out of all of the grandchildren ji was around my grandparents the most. They supported me in everything that I did. They were always in the front row of all my volleyball games, at my gymnastics meets, and they even watched me cheer for a year after I decided I didn’t like it. I can’t imagine life without my grandparents they are my everything. My grandpa would always tell me about his time in the army. I would get out his old pictures and he would tell me everything, it was like traveling back in time and seeing my grandpa in his prime. I cant imagine not being able to see my grandpa again; when I went and visited him in the hospital with my sister not too long ago I could barely handle it. I had to step out of the room and take deep breaths. My grandpa is supposed to be the rock of the whole family and seeing him as a strand of grass was painful. My life will ever be the same, I think about him every day and pray that he gets better, and so far it hasn’t been working. Now that my grandpa is due for his last treatment of chemo all I can do is pray and hope for the best, hope that he makes it to my cousins wedding, makes it to my dad’s birthday, and makes it to birth of his first Great Grandson. He started this family pretty much and to just have to wait is going to be the most difficult thing that I have ever had to do. I miss him so much and I can’t wait to go home one weekend and hug him. I stop at my grandparents’ house first every time I go home. I swing the back door open and run in and greet them with a big hug. Even though now his life, my family’s life, and my life are forever changed he will still strong on our hearts. Now all we can do is wait, hope, and pray that god doesn’t take the Payne family’s rock away just yet, he has the most loving family and wife. And even though my grandpa doesn’t say much I wish he would say just once that he loves me and that he is proud to call me his grandchild, for I am the youngest and last Payne that will ever walk this earth and dirt road of AC highway or what me and my family call â€Å"Payne Lane†

Video Games And Its Effects - 1489 Words

Video games have drastically altered since the 1980s, they are now more visual, alongside technological advancements, they have become more immersive, so immersive that video games have become an obsession—in fact a deadly obsession. On a Wednesday night in early February 2012, Chen Rong- Yu †a binge gamer,† was found dead â€Å"in the chair from which he’d been engaged in a marathon gaming session.† What makes this case extreme is that he was slumped in his chair with both arms stiffened in a posture that indicated that Chen was still struggling to reach the keyboard and mouse while undergoing an alleged cardiac arrest (Parkin). Chris Staniforth, 20, died from a blood clot after spending more than 12 hours at a time playing on his Xbox (Twomey). A three-year-old South Korean girl died of neglect when her parents spent most of their time playing Prius Online, seventeen-year-old Daniel Petric murdered his mother and injured his father after they refus ed to let him play Halo 3 (BBC). Video game addiction exists and it’s a serious problem in various parts of the world. Most players are able to constrain their usage in means that do not interfere with their daily lives, however there are others who turn this passion into a deadly addiction. Video game addiction has resulted in pathological behaviors resulting in detrimental effects. Video Game Addiction: Past Present Gaming addiction has become an area of increasing research interest. Succeeding the release of the firstShow MoreRelatedThe Effects Of Video Games On The Video Game Industry Essay1238 Words   |  5 Pagesthe network effects in the video game industry? The network effects in the video game industry are derived from the console system that is sold to consumers. If a company is able to increase penetration in this arena, though at-cost/ below-cost pricing or pull created through the development of desirable content, it can potentially lock in the added value of the video games sold for the system. 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Although this is true, one outlet of stress that is becoming larger and larger throughout the years is video games. It was an obvious theme throughout Ready Player One that the world they were living in was so corrupt, that an alternate world was a better option to live in than reality. The world weRead MoreThe Effect Of Video Games992 Words   |  4 PagesThe Effect of Video Games â€Å"In 1972, the Surgeon General issued the following warning on violent TV programs: â€Å"It is clear to me that the causal relationship between televised violence and antisocial behavior is sufficient to warrant appropriate and immediate remedial action. †¦ There comes a time when the data are sufficient to justify action. That time has come.†Ã¢â‚¬  (Steinfeld, 1972). In the decades since hundreds of studies have been done on the effects of violent media exposure and violence. Read MoreVideo Games And Its Effects947 Words   |  4 Pagesplaying video games! I started noticing that he was acting different. 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Today, in the United States 91% of adolescents between the years of 2 and 17 are video game users(NPD Group,2011). A national illustrative study of U.S. adolescents established that about 99% of boys and 94% of girls are video game users (Lenhart et al., 2008). Vast majorityRead MoreVideo Games And Its Effects2390 Words   |  10 Pages Are video games actually as evil as many make them out to be? Some recent studies show that this may not be the case. Video games are a somewhat recently developed technology that was created sometime around the 1950s and over time, games have become more and more sophisticated, leading to new genres and purposes. In recent years, there have been major advances in not only how video games are played, but also how popular they have come in our culture, becoming a part of almost every young adultRead MoreVideo Games Effects1616 Words   |  7 Pagesmale, people have blamed video games. They say that video games make people violent. But that isn’t true. 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