From roadrunner@madbbs.com Wed Feb 21 17:15:44 2001
Date: Wed, 21 Feb 2001 20:11:08 -0500
From: Brian Brunner
To: Michael Pelletier
Subject: Re: [ca-firearms] Re: old topic private sales?
On Wed, 21 Feb 2001 13:59:08 -0800 (PST), you wrote:
>On Wed, 21 Feb 2001, Brian Brunner wrote:
>
>> The key is the work 'people' which included whoever was qualified to
>> vote. *that* excludes escapees and the such like.
>
>Is this Brian Brunner of New York? If so, please update us on the
>outcome of your motion to vacate at
>http://www.firearmsfreedom.net/BrunnerMotion.html
>
> -Michael Pelletier.
It is the same! Howdy!
Arrrgh! How to summarize...
I contacted lawyers 'savvy' on the second amendment from all sources I could imagine, and every one fell into one of three categories:
1: too busy
2: you're wrong, it's constitutional
3: I'll help you keep out of jail.
The law in question is NYS Penal Code 265.01 para 1 'illegal possession of a weapon' (firearm, meaning any pistol or revolver).
Got an attorney to agree to help.
He's helping *his* way.
I wrote a motion to dismiss (pre trial motion challenging the accusation), he arranged a plea bargain (disorderly conduct, no fine or time, $50 surcharge, reservation of right to appeal the constitutionality of the original charge). I converted my motion to dismiss to a motion to vacate (post-conviction challenge) and he 'didn't get around to' filing it
So I complained to the Attorney Grievance Committee for the 8th Judicial District (Western Upstate NY), and the attorney agreed to the mediator to get onto the job. I sent the last papers he needs in order to formally file the appeal, and got back the return receipt today. I'll call him tomorrow, if he hasn't filed by Monday I start the next round of nastygrams.
The plea was entered in July, this appeal should have been filed in August.
Arrrgh! As Soon As Lawyerly Possible, I'll get a copy of *exactly* what was filed, and compare it jot and tittle with what *should* have been filed. Then I submit corrections, and we wait for the town Court judge to read 114 pages of history and case law.
Costs incurred so far: $750. plus gas, time, toner cartridges, and such.
Thanks for asking!
Typical, unfortunately. My few dealings with lawyers (divorce/Family Court in NYS) showed me you need to keep a very tight leash and parse every sheet and sentence they submit 'on your behalf'. My first one needed a choke-chain; I fired the second for incompetence; the third one (finally after much rewriting) got the job done as I and my ex wanted. Thanks for the info.