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In addition, the affidavits, copies of the note and deed, notice letter and postal service information establish that Donofrio defaulted on the note and that notice of such default was sent to Donofrio pursuant to the terms of the note and mortgage. Your IP: The hearing convened at 2:15 PM, with Hearing Officer, Kathleen K. Ross presiding. Reconnect with Dahill Donofrio by joining our alumni site today. 4 Whip asserts that, by extension, this court lacks subject matter jurisdiction over the matter. Although 891(6), defining "an extortionate extension of credit" which is made criminal by 892(a), does not use the adverbs "knowingly" or "wilfully" often employed in imposing a scienter requirement, that office is sufficiently performed by the requirement that the Government must establish that it "is the understanding of the creditor and the debtor that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person." The same would seem to be true with respect to appellants' claim of prejudicial publicity if this is read to be, as again we think it must, that the effect of the publicity had been such that nothing short of dismissal of the indictment would do. We therefore reject appellants' argument that 892(a) is void for vagueness "on its face". Cloudflare Ray ID: 7c0c67540c8d0a9f 1982), over the expansion of the conditional guilty plea from its historic use in preserving contentions collateral to the general issue, such as claims of constitutionally invalid searches, seizures and confessions or of bar by the statute of limitations to guilty pleas that are "subject to a large number and variety of conditions", 684 F.2d at 1071, or "that reserve an extensive number of issues for appeal." endobj D'Onofrio Leather Designs 3771 and 3772 on April 28, 1983; in the absence of congressional action, it will become effective on August 1, 1983, A fifth defendant, Edward Vagnini, pleaded guilty to the conspiracy count of the indictment and was sentenced to two years imprisonment. Ryders Health Management is part of the Healthcare Services industry, and located in Connecticut, United States. 894 against void-for-vagueness attack). Questions Post Question There are no questions yet for this company. 365, 367, 635 A.2d 874 (1993), cert. Unlike the frequent case where the maximum punishment under the general conspiracy section, 18 U.S.C. No such constitutionally protected rights are implicated here. A valuable commentary distills the following as the guiding principle of these decisions:10 [A] defendant who has been convicted on a plea of guilty may challenge his conviction on any constitutional ground that, if asserted before trial, would forever preclude the state from obtaining a valid conviction against him, regardless of how much the state might endeavor to correct the defect. Gilroy Daly of the District Court for Connecticut, from judgments of conviction entered on their guilty pleas. FN3. Stratford, Connecticut, United States. 2"(3IOmn?b5 Vallejo Medical Center. See, e.g., United States v. Ury, 106 F.2d 28. 367 (1952). Taylor was, thus, the holder of the note, endorsed in blank, at the time the present foreclosure action was commenced, by service of process on Donofrio, on January 19, 2010.3 The authenticated copy of the assignment submitted by the Bank in support of its motion for summary judgment establishes that MERS assigned the mortgage to Taylor on January 15, 2009 and that the assignment was recorded on the Stratford land records on February 9, 2009. Before the argument of the appeal the court advised counsel by letter that they "should be prepared to address at oral argument the question whether, in view of United States v. Burns, 684 F.2d 1066 (2 Cir. All of which is corroborated by consentual [sic] tape recordings and physical evidence." In addition, defendant Francis Curcio moved to dismiss substantive counts Three through Seven on the ground that the holding in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. 371 (fine of not more than $10,000 or imprisonment of not more than five years or both) is less than for the substantive crime, 18 U.S.C. FN5. Share 1982), and the cases cited therein, any or all of the issues raised on appeal were improperly reserved under the conditional guilty plea." Assistant Attorney General Terrence M. O'Neill appeared on behalf of the respondents. Nevertheless, the plaintiff has attached a properly authenticated affidavit to its reply memorandum, curing the alleged deficiencies in the original Hopkins affidavit.6. Furthermore, the Bank has established that it satisfied the preconditions of the mortgage and note, that Donofrio, the defaulting mortgagor, was noticed of his default, that Donofrio and 4 Whip were both served with process, and that the Bank is the present holder of the note and mortgage. Stratford Member of: Stamford Health Medical Group. As such, the first, second and third special defenses fail to raise issues of fact so as to preclude summary judgment as to liability. In contrast, defendants here do not contend that by a suitable statute Congress could not have made criminal the conduct which they have admitted by their guilty pleas. Since we have held that appellants' claims with respect to the constitutionality of 892(b) and Francis Curcio's claim with respect to the constitutionality of the Pinkerton doctrine were improperly reserved by them and have declined to answer these claims, we accede to their requests that we vacate their convictions on conditional pleas of guilty and remand to the district court with instructions to permit the pleas to be withdrawn. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. YouTube is a video-sharing website where users can upload and watch videos, subscribe to user channels and leave comments. Stay up-to-date with how the law affects your life. 439 U.S. at 395, 99 S. Ct. at 685. Ellsworth would have testified that Cray had brought him to Gus Curcio and D'Onofrio for a loan, which was made at 4% interest per week (208% per year), and that he believed that Curcio and D'Onofrio would cause him physical harm if he failed to repay. As the Court there observed, 328 U.S. at 647-48, 66 S. Ct. at 1184: A different case would arise if the substantive offense committed by one of the conspirators was not in fact done in furtherance of the conspiracy, did not fall within the scope of the unlawful project, or was merely a part of the ramifications of the plan which could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement. Even if a special defense is a valid defense to a foreclosure action, and even if such a defense is sufficiently pled, the defendant still must produce sufficient evidence to support the defense in order to survive summary judgment. (Internal quotation marks omitted.) 203-378-9125 | Dahill A Donofrio - Stratford, CT This was among the amendments to the Rules of Criminal Procedure transmitted by the Chief Justice to Congress pursuant to 18 U.S.C. Each meeting will be held in the Freedom of Information Hearing Room, First Floor, 18-20 Trinity Street, Hartford, Connecticut, for the purpose of conducting a hearing concerning the contested case designated by the corresponding docket number listed below. It has jurisdiction of all matters expressly committed to it and of all other matters cognizable by any law court of which the exclusive jurisdiction is not given to some other court. Dahill Donofrio - Previous Principal for Dad Assoc LLC 975 Sereno Drive. MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Some of the features on CT.gov will not function properly with out javascript enabled. No votes were taken. It is true that insofar as the claim at bar relates to the effect of adverse publicity on a trial jury as distinguished from a grand jury, the voir dire might have resulted in exclusion of members of the panel who had been tainted by the publicity or, if the taint was sufficiently general, in the transfer of the trial from Bridgeport, where the publicity had been centered, to one of the several other places fixed for holding court in the District of Connecticut or, on defendants' motion, F.R.Cr.P. Results for this person or the person you are looking for are not guaranteed to appear in search results. Disclaimer: Reference to these media outlets or TV shows should not be construed to imply an endorsement or sponsorship of Spokeo or its products. 134, 137, 948 A.2d 1035 (2008). Find more info on AllPeople about Dahill Donofrio and 732 Bishop Avenue, LLC, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. Specifically, the Cook and Hopkins affidavits, along with the copies of the mortgage assignments, establish a chain of title transferring the mortgage and note to the Bank. 1308, 1310 (1978). Learn more about FindLaws newsletters, including our terms of use and privacy policy. At a trial the Government could well have decided to drop the substantive counts against Francis; additional fines were all it could gain from convictions under them, as distinguished from the one under the conspiracy count which it had to prove in any event. We reach a different conclusion, however, with respect to the propriety of the reservation of the claims that 892(b) works a shifting of the burden of proof in violation of In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 1397, 90th Cong., 2d Sess., reprinted in 1968 U.S.Code Cong. The first, second and third special defenses generally allege that the Bank failed to comply with the terms of the note and mortgage deed. denied, 295 Conn. 922, 991 A.2d 564 (2010). Linda D'Onofrio has been working as a Corporate Clinical Director at Ryders Health Management for 1 year. ), aff'd, 67 Conn.App. The Burns court, speaking through Chief Judge Feinberg, elaborated on our concerns, previously voiced in United States v. Lace, 669 F.2d 46 (2 Cir. Dahill has lived with Santa in a single family house in Stratford, CT. Search for birth, death, marriage, divorce, US Census, and military records. KUWIrpQI)M}D.0#n)fj6E FN1. 2d 785 (1970) (guilty plea under statutes whereby punishment on such a plea would be life imprisonment whereas after jury trial punishment would be death unless jury recommended life imprisonment);9 Tollett v. Henderson, 411 U.S. 258, 93 S. Ct. 1602, 36 L. Ed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. FN2. (a) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined not more than $10,000 or imprisoned not more than 20 years, or both. Attorney Ryan W. Zaziri appeared on behalf of the respondents. The proceedings were digitally recorded. %PDF-1.4 Later, on December 3, 1982, he denied motions of the Curcios for reconsideration of his ruling with respect to pretrial publicity. See also United States v. DeStafano, 429 F.2d 344, 347 (2 Cir. Taylor, Bean & Whitaker Mortgage Corp. v. Dahill A. Donofrio et al. These concerns were reiterated in United States v. Guerro, 694 F.2d 898, 903 (2 Cir. The second Hopkins affidavit assert[s] that the affiant [is] employed by the servicing agent for the substitute plaintiff, a relationship strong enough to establish a foundation for the affiant's claims that she [is] familiar with the books and records regarding the defendant's indebtedness. Bank of America, FSB v. Franco, 57 Conn.App. The action you just performed triggered the security solution. 892(b) and made no reference to Pinkerton v. United States, supra, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. Professor Saltzburg, disagreeing with much of Professor Westen's analysis, would nevertheless accept his formulation of the decisions if it were reworded to read: A defendant who has been convicted on a plea of guilty and who has complied with pre-plea procedural rules regarding notice of constitutional claims may challenge his conviction on any constitutional ground that, if asserted before trial, would forever preclude the state from obtaining a valid conviction against him on the charge to which he pleaded, regardless of how much the state might endeavor to correct the defect. The court will consider the Hopkins affidavit attached to the Bank's reply memorandum in place of the original Hopkins affidavit attached to the motion for summary judgment in resolving this matter. ct The prosecutor made substantially the same proffer with respect to the Acabbo loans that he had made before, and added that "the Government would further prove through other evidence and testimony at the trial a systematic extension of loans and collection of interest payments by the defendant D'Onofrio from at least four debtors in addition to John Acabbo". Dan "Danny" Dahill (September 28, 1919 April 15, 2013) was an American lawyer and legislator. WebView Dahill Donofrios profile on LinkedIn, the worlds largest professional community. Please try again. 2d 663 (1963), even publicity partly engendered by the Government would not warrant the extreme remedy of dismissal of an indictment before a voir dire. FN1. Based on the foregoing factors, the present foreclosure action is properly before the court.5 Issues of standing resolved, the court next turns to the Bank's argument that it is entitled to summary judgment as to liability. The Bank states in its memorandum in support of its motion for summary judgment that original or certified copies of these documents will be produced at the hearing on the motion for summary judgment.. 67, 86, 101 (1960). Counts may not reflect the number of records that will appear in search results. 2016 CT.gov | Connecticut's Official State Website. stream Application of National Broadcasting Co., Inc., 635 F.2d 945, 953 (2 Cir. As of September 5, 2022, Freedom of Information Commission meetings and contested case hearings will resume being conducted in person. MILFORD, CT Polished and dignified, Patricia Juliette Poli Sheahan Hadden Dahill always made a grand entrance where-ever she went and deeply touched the hearts of all she met. But it does relieve the statute of the objection that it punishes without warning an offense of which the accused was unaware. Onofrio At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. He did not take an appeal. The latter would have testified that he was aware of the reputations of Francis Curcio and D'Onofrio for violence and believed he would suffer broken bones in the event of a default. WebKnown Addresses for Dahill Donofrio PO Box 506 Stratford, CT 06615 135 Allyndale Dr Stratford, CT 06614 Advertisements Source Dun & Bradstreet Data last refreshed on ], Whether the Pinkerton doctrine, set forth in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. hamilton police auxiliary Thus, the sixth special defense does not create an issue of fact as to 4 Whip's liability on the complaint. You can explore additional available newsletters here. The following facts and procedural history are relevant to the resolution of this matter. No votes were taken. See also Lefkowitz v. Newsome, 420 U.S. 283, 95 S. Ct. 886, 43 L. Ed. In invalidating the Pennsylvania statute there at issue, the Court relied heavily on the absence of a scienter requirement, saying that it had "long recognized that the constitutionality of a vague statutory standard is closely related to whether that standard incorporates a requirement of mens rea." WebLived In Canton CT, West Hartford CT, Farmington CT, Wethersfield CT. Related To Elizabeth Donofrio, Leonard Donofrio, Susan Donofrio, John Donofrio. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts. The Indictment and the Proceedings in the District Court.