The Buffalo News recently published a report regarding a man, represented by defense attorneys Barry N. Covert and Justin D. Ginter, who was cleared of criminally negligent homicide charges. As reported by The Buffalo News, Donald Lewinski was charged with criminally negligent homicide following a 2020 altercation with another patron at a restaurant in West Seneca, NY. During the confrontation, Mr. Lewinski pushed the other patron who fell, hit his head, and subsequently passed away. The Buffalo News article states “Covert, who worked with fellow attorney Justin D. Ginter on the case, said his office wrote a long letter to the prosecution laying the grounds for a self-defense claim.” In New York State Supreme Court, Justice Sheila A. DiTullio made a ruling to dismiss the indictment against Donald Lewinski, clearing him of criminally negligent homicide charges. The Buffalo News reports that in her decision, Judge DiTullo indicated that she didn’t believe Lewiniski was...
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A trial is underway in the defamation lawsuit brought against conspiracy theorist and media personality, Alex Jones. The trial, which is taking place in Austin, TX, has drawn national attention and extensive media coverage. As the trial continues, the Associated Press recently published a story that examines how the First Amendment and free speech factor into Alex Jones’ case. Attorney Barry N. Covert spoke with the Associated Press’ Legal Affairs Writer, Michael Tarm, to provide legal analysis for this story. The defamation lawsuit was brought against Alex Jones by parents of one of the student victims in the 2012 Sandy Hook Elementary School shooting. Alex Jones made comments that the shooting was a hoax, which prompted the defamation lawsuit. In its “EXPLAINER” article, the Associated Press examines how this defamation case relates to the First Amendment, by addressing several questions, including: Are all defamation lawsuits First Amendment cases?; Have attorneys for the plaintiffs and defendant...
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New York State Lieutenant Governor Brian Benjamin resigned from his office after being arrested on fraud and bribery charges. WGRZ 2 On Your Side’s coverage on the story included an interview with attorney Barry N. Covert. Mr. Covert provided legal analysis that included: a review of the specific charges Brian Benjamin faces, the potential penalties if Benjamin is found guilty of the charges, and whether circumstances involved in the terms of Brian Benjamin’s bail in this case forced him to resign as New York State’s Lieutenant Governor. WGRZ reports that federal prosecutors accused Brian Benjamin of being part of a campaign finance scheme. The U.S. Attorney’s Office for the Southern District of New York outlined the case against Brian Benjamin, which stated that Benjamin accepted campaign contributions from a real estate developer in exchange for a state grant that was given to that business. In their report, WGRZ quoted Barry Covert as...
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This week, there have been multiple court rulings regarding New York State’s mask mandate. The first ruling was issued by a State Supreme Court judge on Monday, January 24th; the second ruling was issued by a State Appellate Court judge on Tuesday, January 25th; and oral arguments are scheduled to be made before the full Second Department of the New York State of Appeals on Friday, January 28th. Various media outlets asked attorney Barry N. Covert provide legal analysis on the series of court rulings regarding New York State’s mask mandate. Mr. Covert’s analysis addressed several topics, including: The current status and potential future of New York State’s mask mandate; Impact recent court rulings have on Erie County’s mask mandate; and School districts’ ability to institute their own mask mandates, independent of state and local government? Mask Mandate Executive Order Early in the COVID-19 pandemic, then Governor Andrew Cuomo was granted emergency powers by the New...
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New York State Governor Kathy Hochul recently signed a directive that requires businesses in New York State to implement specific workplace safety plans. This directive enforces regulations set forth in the New York Health and Essential Rights Act, also known as the HERO Act. The HERO Act was put in place in response to the COVID-19 pandemic. WGRZ 2 On Your Side anchor Scott Levin recently interviewed attorney Barry N. Covert to provide legal analysis regarding enforcement of New York State’s HERO Act. During the interview, Mr. Covert discussed the potential implications the HERO Act will have on New York State businesses, the liability the HERO Act may create for employers, and the possibility of a legal challenge to the HERO Act. Continuing reading for portions of Barry Covert’s comments and click the video below to watch the full interview with WGRZ’s Scott Levin. What are the implications of Gov. Hochul’s announcement on...
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A federal court judge recently ruled that Buffalo Mayor Byron Brown will appear on the ballot for the upcoming mayoral election on the Buffalo Party Line. Attorney Barry N. Covert visited WIVB News 4’s studio for an interview with anchor Melanie Orlins. In the interview, Mr. Covert to provided legal analysis on the latest development in the Buffalo mayoral race. Continuing reading for portions of Barry Covert’s comments and click the video below to watch the full interview with WIVB’s Melanie Orlins. What was your first reaction to Judge Sinatra’s decision and do you think that there was a conflict of interest with his brother, of course, being a Buffalo developer and a longtime supporter of Mayor Brown? BNC: I’m taking that question first. The judges, especially federal court judges, take the ethical issues very seriously when it comes to whether they have a conflict and can stay on the case and can’t....
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New York State Governor Andrew Cuomo announced his resignation in response to an investigation into a series of sexual harassment accusations made against him. WIVB News 4 anchors Jacquie Walker and Don Postles interviewed attorney Barry N. Covert to provide legal analysis of the governor’s resignation announcement. In the WIVB interview, Barry Covert discusses: the timing of Governor Cuomo’s resignation; the impact the resignation may have on Governor Cuomo’s accusers; the criminal cases Governor Cuomo is still facing; the financial implications the charges and investigations have on taxpayers; and the potential for future investigations. Continuing reading for portions of Barry Covert’s comments and click the video below to watch the full interview from WIVB. What was your reaction when you heard the announcement of the governor’s resignation today? BNC: This was certainly a lot faster than I thought he would resign. It really peaks my interest as to why he picked today and now to resign as opposed to waiting...
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