Removing Viruses and Spyware | Reinstalling Windows XP | Reset Windows XP or Vista Passwords | Windows Blue Screen of Death | Computer Noise | Don't Trust External Hard Drives!

Return to the Main Menu
E-mail This Page to a Friend

Best Brooklyn Computer Repair - Best Brooklyn Data Recovery - Best Brooklyn Virus Removal - Best New York Computer Repair - Best New York City Data Recovery - Best New York City Virus Removal


2001 Court Case: No. 78 People v. John O'Hara

Follow Ups | Post A Followup
New York City Politics Message Board

The Indians of Manhattan

Posted by GET NY on 08:59:35 12/09/04

To be argued Tuesday, April 24, 2001

No. 78 People v. John O'Hara

John Kennedy O'Hara, a former attorney and unsuccessful candidate for state and local political offices in Brooklyn, is appealing his felony convictions for illegal voting and false voter registration. O'Hara had resided at an apartment on 61st Street in Bay Ridge since 1980, but when reapportionment shifted his apartment into a different election district in 1992, he filed a new voter registration card on which he claimed to reside at his ex-girlfriend's apartment building on 47th Street, located in his former election district in Park Slope. He voted five times from that address in 1992 and 1993. He later returned to his 61st Street address.

Brooklyn prosecutors charged O'Hara with seven felony counts of illegal voting and false registration, contending that the 47th Street address was never his legal residence. O'Hara was convicted at his first trial, but the verdict was reversed on appeal. His second trial ended with a hung jury. He was found guilty of all seven counts at his third trial and the Appellate Division, Second Department, affirmed. O'Hara was automatically disbarred as a result of the felony convictions. He was also sentenced to 1,500 hours of community service, fines and restitution totaling $20,192, and a three-year conditional discharge.

The focus of O'Hara's appeal is the trial court's instruction to the jury on the definition of "residence," which was virtually identical to the definition in Election Law § 1-104(22). The statute says a voter's residence is "that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return."

O'Hara contends that he maintained two legitimate residences, one on 61st Street and the other on 47th Street, and that he was free to choose either one as his voting address under the broader definition the Court of Appeals has adopted in civil election cases. He relies on Ferguson v. McNab (60 NY2d 598), in which the Court said a "candidate having two residences may choose one to which she has legitimate, significant and continuing attachments as her residence for purposes of the Election Law." O'Hara argues he had "legitimate, significant and continuing attachments" to the 47th Street address, but the statute and the trial court's instructions left him no latitude to claim it as a second residence. "O'Hara thus was convicted of a felony for engaging in conduct that would have been ... found perfectly lawful in a civil court," according to his brief.

The prosecution argues that the trial court properly instructed the jury that a voter with two residences may choose either one for election law purposes and that the phrase defining "residence" as the place to which a person "always intends to return" does not deprive voters of that choice. The prosecution also contends that O'Hara "never resided, in any sense of the word, at the 47th Street address."

The League of Women Voters and the New York Civil Liberties Union filed amicus curiae briefs in support of O'Hara's appeal.

For appellant O'Hara:

Steve S. Efron, Manhattan (212) 867-1067

For respondent district attorney:

Brooklyn Assistant District Attorney Monique Ferrell (718) 250-2000

Follow Ups:

New York City's Little Italy

An Album by Andy Warhol

Brooklyn Politics: Due to the tireless efforts of Brooklyn District Attorney Charles "Joe" Hynes,
the people of New York City remain safe from that gang of marauding political reprobates – Sandra Roper, John O'Hara, and Judge John Phillips.

When Baraka Blows His Horn
Concerning Somebody Blew Up America
Waiting in the Wings?
The Advent of a New Black Politician

Stay Informed! GET e-mail alerts about Brooklyn news and events

How to Care for Tropical Fish, Parrots, and other Pets

The best way to get out the vote!
GET NJ Provides
Online Multimedia Solutions

Absolut Vodka Twist billboard
Absolutís version of femme sole?

Second Thief, Best Thief: The Tunnel Bar by Anthony Olszewski - Great stories about a Jersey City saloon in the '70s and '80s
Great Jersey City Stories!
Second Thief, Best Thief: The Tunnel Bar

The William Burroughs
Nike commercial

Five Families - The New York City Mafia

Hudson County Facts Winter 2006 by Anthony Olszewski - Hudson County History
Hudson County, New Jersey is a place of many firsts - including genocide and slavery.
Political corruption is a tradition here.
First in a series by Anthony Olszewski
Click HERE to find out more.

Advertise and Boost Your Site's
Search Engine Ranking

New York City's Little Italy

Learn All About Jersey City's
Many Fine Neighborhoods

"Our Computers Don't Make Mistakes"

George Washington to Run for Office!

Post a Followup

Subject:Re: 2001 Court Case: No. 78 People v. John O'Hara
Optional Link URL:
Link Title:
Optional Image URL:

Follow Ups | Post A Followup
New York City Politics Message Board

Apples Store iTunes Beatles Billboards

Five Families - The New York City Mafia

People Power!

Exercising for Fun and Fitness
In the NY Metro Area

Historic New York

The Trail of the Tiger – Tammany: 1789-1928
Boss Tweed and The History of New York City Political Corruption

The Indians of Manhattan Island and Vicinity

Featured Link  
Text Link Online Advertising Program
Business name, Web Site Link and a brief description or motto – The GET NJ network serves thousands of visitors each day!

Cactus for Trade
Acanthocereus Tetragonus cactus plants available for trade. The rooted cuttings are approximately 3 inches in height. Acanthocereus Tetragonus is an indoor-hardy cactus. One of the common names is New York Skyline.

Short Stories and Social Commentary

The Statue of Liberty, Ellis Island, and The Central Railroad Terminal
Visit Liberty State Park!

Questions? Need more information? Contact us at:
297 Griffith St.
Jersey City, NJ 07307