Blog Posts in 2010

  • 21-Dec-2010

    New York Criminal Law & Ecstasy (aka MDMA or methylenedioxymethamphetamine)

    The possession of ecstasy is illegal in New York. Under the New York Penal Law, ecstasy (also known as "MDMA" or methylene-dioxy-methamphetamine) is classified as a hallucinogenic substance under Schedule I(d) of the Public Health Law. See ...
  • 16-Dec-2010

    Federal Court Overturns New York Defendant’s DWI-Murder Conviction

    On June 14, 2004, night club owner Neville Wells struck with his vehicle and and killed 37-year-old Judith Gubernikoff on Manhattan’s Lower East Side. A grand jury charged him with one count of murder in the second degree and assault in the ...
  • 15-Dec-2010

    New York’s Definition of “Loaded” Firearm

    While it may seem somewhat counterintuitive, a “loaded” firearm is not a loaded firearm according to New York’s Penal Law. In common parlance, when one speaks of a loaded firearm, one thinks of a gun with bullets actually in it, ...
  • 16-Nov-2010

    Understanding Knife Violations in New York City

    The New York Penal Law makes it a misdemeanor to carry a variety of sharp weapons, such as gravity knives and switchblades. But even knives that you might not consider to be dangerous weapons can get you in trouble with the police. If you are found ...
  • 3-Nov-2010

    Understanding New York Criminal Court Orders of Protection

    Q: In what cases do criminal courts issue orders of protection? A: Criminal Procedure Law Sections 530.12 and 530.13 authorize criminal courts to issue orders of protection when a criminal action is pending involving a complaint charging any crime or ...
  • 1-Nov-2010

    New York DWI Refusal Chart

    The following is a simplistic chart explaining the license suspension consequences of a person’s refusing to submit to a blood or breath test upon being arrested for driving while intoxicated (DWI) or driving under the influence of alcohol ...
  • 29-Oct-2010

    Applicability of New York’s Anti-Prostitution Laws to the Plaza Hotel Affair

    Most of us have read about the recent Charlie Sheen affair at the Plaza Hotel. According to the New York Post, Sheen offered $12,000 for sex with actress Capri Anderson. Under New York’s Penal Law, Patronizing a Prostitute, PL 230.03: A person ...
  • 28-Oct-2010

    Shoplifting and Larceny under New York Penal Law 155.25 or 155.30

    Many New Yorkers are arrested each year for shoplifting. Some people, particularly those without prior criminal records, will be issued a desk appearance ticket by the New York City Police Department. Others will be taken to central booking, ...
  • 19-Oct-2010

    Sufficiency of Latent Fingerprint Evidence for Probable Cause Purposes

    Latent fingerprint analysis is an oft-used investigatorial technique used to demonstrate a criminal defendant’s presence at a crime scene or a place where he or she is not supposed to be. In several reported decisions discussed below, probable ...
  • 4-Oct-2010

    Gun Possession Charges in New York

    If you do not have a license to possess a handgun in New York, you could be in serious trouble if law enforcement officers catch you with a loaded one. Specifically, you could be charged with Criminal Possession of a Weapon in the Second Degree, a ...
  • 30-Sep-2010

    The Versatility of Identity Theft Prosecutions

    The New York Post reported recently on a case that is currently being tried in a Manhattan courtroom involving a man, Rafael Golb, who is, according to the story, “accused of going over the line and using criminal means to target rivals of his ...
  • 28-Sep-2010

    Understanding Cross Grand Jury Notice Rights Under New York CPL 190.50

    Normally, when a person is arrested for a felony charge in New York City, they are brought before a judge within 24 hours to be arraigned on a document called a felony complaint. However, for the case to proceed further as a felony, the prosecutor ...
  • 22-Sep-2010

    Steroid Addiction and New York's Judicial Diversion Program

    New York's judicial diversion program has been in effect for a almost a year now, having begun in October 2009. The program, explained in CPL Section 216, allows eligible offenders charged with certain drug-possession or drug-trafficking felonies ...
  • 21-Sep-2010

    Understanding Possession with Intent to Sell

    Criminal Possession of a Controlled Substance in the Third Degree: Possession with the Intent to Sell. PL 220.16(1) . Cocaine A common felony in New York is Criminal Possession of a Controlled Substance in the Third Degree, or Possession with the ...
  • 21-Sep-2010

    What is Braylon Edwards Looking At in Manhattan Criminal Court?

    As just about everybody in New York knows, Jets wide receiver Braylon Edwards was arrested this morning. He was later arraigned in New York County Criminal Court and charged with the misdemeanor crime of Operating a Motor Vehicle While Under the ...