Bartolo Genao Case Summary
The Second Circuit Court handles many major cases. One of these major cases was Runner vs. the New York Stock Exchange. In this case, Victor J. Runner, the plaintiff, was suing the New York Stock Exchange for injuries he had sustained while doing work for them. The defendant issued “an appeal from a judgement imposing liability upon them pursuant to Section 240(1) of New York's Labor Law” (Lipmann, 2009). The defendant acknowledged what had happened to injure the plaintiff. While on the job, “the plaintiff and several co-workers had been directed to move a large reel of wire, weighing some 800 pounds, down a set of about four stairs. The workers were instructed to tie one end of a ten-foot length of rope to the reel and then to wrap the rope around a metal bar placed horizontally across a door jamb on
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Roman Bartolo Genao. Genao is a citizen of the United States, but a national of the Dominican Republic, and “he was convicted in New York state court of first-degree burglary and first-degree robbery” (Lynch, 2017). He served a six-year sentence, but when he was released in 2015, he was deported. He later tried to reenter the country and was arrested again. However, this arrest brought into light that Genao had been incorrectly convicted originally: “Although the PSR correctly stated that Genao had been convicted under New York Penal Law § 140.30(3) for first-degree burglary with a dangerous instrument, it incorrectly identified Genao's robbery conviction as one of second-degree robbery of a motor vehicle under New York Penal Law § 160.10(3), when his actual crime of conviction was first-degree robbery with a dangerous instrument under New York Penal Law § 160.15(3)” (Lynch, 2017). Genao issued an appeal of his prison sentence, because the process had not been performed correctly. The case was “vacated and remanded” (Lynch, 2017) because the district court found no reason to side with
Roman Bartolo Genao. Genao is a citizen of the United States, but a national of the Dominican Republic, and “he was convicted in New York state court of first-degree burglary and first-degree robbery” (Lynch, 2017). He served a six-year sentence, but when he was released in 2015, he was deported. He later tried to reenter the country and was arrested again. However, this arrest brought into light that Genao had been incorrectly convicted originally: “Although the PSR correctly stated that Genao had been convicted under New York Penal Law § 140.30(3) for first-degree burglary with a dangerous instrument, it incorrectly identified Genao's robbery conviction as one of second-degree robbery of a motor vehicle under New York Penal Law § 160.10(3), when his actual crime of conviction was first-degree robbery with a dangerous instrument under New York Penal Law § 160.15(3)” (Lynch, 2017). Genao issued an appeal of his prison sentence, because the process had not been performed correctly. The case was “vacated and remanded” (Lynch, 2017) because the district court found no reason to side with