Legal Information Center

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…

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…

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…

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…

Zachary H. Johnson of The Law Office of Matthew Galluzzo successfully represented Eric Butler in a FINRA arbitration against Morgan Stanley involving a dispute over signing bonuses paid to Mr. Butler when he joined Morgan Stanley. The case resulted in a win for Butler — he was allowed to keep his signing bonus. Johnson worked…

As of August 15, 2010, any and all motorists who are convicted of a misdemeanor DWI charge — even first time offenders — will be required to install an ignition interlock device on their vehicle. The ignition interlock device would force such a person to essentially pass a breathalyzer test every 10 minutes or so…

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…

What follows is a list of some of the interesting New York DWI news of the week for June 4, 2010 to June 11, 2010: If you have been arrested or for more information on DWI, seek the advice of experienced DWI attorneys in the Greater New York City area.

On March 31, 2010, the Second Circuit Court of Appeals issued a landmark decision in which it held that a New York state sentencing law that gave trial judges the discretion to sentence repeat felony offenders to life sentences was unconstitutional. See Besser v. Walsh, 2010 U.S. App. Lexis 6704 (2nd Cir. Mar. 31, 2010).…