We have previously discussed the law on Assault in the Third Degree (Penal Law Section 120.00), but in our experience, these cases often proceed differently and require a different strategy when they are initiated by Desk Appearance Tickets. A Desk Appearance Ticket (or “DAT”) for Assault in the Third Degree is usually only issued when…
Continue reading ›In New York, the crime of Public Lewdness (Penal Law Section 245.00) is a class B misdemeanor. People arrested for this crime frequently receive Desk Appearance Tickets (especially if they have no criminal record), but are occasionally forced to spend a night in prison before their arraignment. Individuals arrested for Public Lewdness are also frequently…
Continue reading ›On Thursday, July 19, the New York Post wrote an article about a decision by a Supreme Court judge to order the unsealing of grand jury testimony from the grand jury investigation that cleared MG client Angel Alvarez of all charges. The testimony will be critical to the ongoing police brutality lawsuit in federal court,…
Continue reading ›Every year, police officers in New York City make thousands of arrests for “domestic violence,” or violent crimes by one person against a family member or romantic partner. (Click here for recent New York state statistics). There are so many arrests of this sort that prosecutors receive specialized training about these cases and every precinct…
Continue reading ›Every Fourth of July, I usually get a question or two concerning the state of the law on fireworks in New York State. Most of us grew up enjoying fireworks on Independence Day, but the fact of the matter is that our legislature has determined that most fireworks are simply too dangerous for the citizens…
Continue reading ›New York state’s highest appellate court – the Court of Appeals – is set to hear oral arguments on an interesting appeal involving the charge of Enterprise Corruption under Penal Law Section 460.20 entitled People v. Western Express et al. The decision could have a major effect on the prosecution of these cases in New…
Continue reading ›Arrested for Possessing a Small Amount of Marijuana This post examines the New York City Desk Appearance Ticket for Marijuana Possession given in cases involving possession of a small amount of marijuana. A typical scenario will involve a group of people gathering somewhere outdoors, outside a bar, or simply walking down the street, passing around…
Continue reading ›Matthew Galluzzo appeared on Fox 5 Good Day New York with Greg Kelly and Rosanna Scotto on June 22, 2012, to provide his expert opinion on the Jerry Sandusky trial, including the surprising news that his son, Matt Sandusky, suddenly offered to testify against his adoptive father. The link to the video clip is available…
Continue reading ›The New York Times has reported that a Brooklyn judge has decided to elevate the standard for legal sufficiency of the accusatory instruments in summons matters involving open containers of alcohol. Up until now, summons judges had usually upheld a summons which simply stated something to the effect that, “at t/p/o (meaning the time and…
Continue reading ›Criminal defense attorney and former Manhattan prosecutor Matthew Galluzzo appeared on Fox 5 Good Day New York with Greg Kelly and Rosanna Scotto on Wednesday morning, June 13, to discuss the recent developments in the case of Anna Gristina, the so-called “Manhattan Madam.” The link to the panel discussion is available here.
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