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, arraigned, and prosecuted for petit larceny under New York Penal Law section 155.25. For those new to…
Continue reading ›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 cause to arrest can be found based on a latent fingerprint with the addition of some “plus”…
Continue reading ›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 Class C violent felony (Penal Law Section 265.03), and…
Continue reading ›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 dad, noted Dead Sea Scrolls scholar Norman Golb.” The top charge?…
Continue reading ›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 must indict the charge(s) by making a presentation to a…
Continue reading ›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 to enroll in drug treatment programs as an alternative to a jail sentence, and possibly have the arrests…
Continue reading ›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 Influence of Alcohol. The full text of the statute is below. Edwards was charged…
Continue reading ›Criminal Possession of a Controlled Substance in the Third Degree: Possession with the Intent to Sell. PL 220.16(1). A common felony in New York is Criminal Possession of a Controlled Substance in the Third Degree, or Possession with the Intent to Sell (New York Penal Law Section 220.16[1]). Interestingly, possessing a controlled substance with the…
Continue reading ›UPDATE: Governor Paterson Vetoes New Legislation That Would Have Criminalized the Release of Sealed Court Records. Governor Paterson is now considering a bill that has soared through the New York legislature designed to punish those who intentionally release the contents of a sealed court record. When a criminal matter terminates in an accused’s favor, the…
Continue reading ›This post discusses some case law on the “Nullity” Concept in Adjournment in Contemplation of Dismissal or Dismissed and Sealed Cases in New York. An adjournment in contemplation of dismissal (“ACD”) pursuant to Criminal Procedure Law section 170.55 is an outcome defense attorneys commonly seek because of the very strong language contained in the final…
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