If you or a loved one would like to pursue a motion for sealing of an old criminal record in New York state, you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Matthew Galluzzo is an excellent advocate who writes compelling applications for his clients. He believes strongly in helping people earn second chances, and that people who have repaid their debts to society should no longer be held back by a criminal record stemming from an old mistake.

Specifically, Cuomo will be charged with one count of Forcible Touching, in violation of Penal Law Section 130.52.* That code makes it a class A misdemeanor to intentionally, and for no legitimate purpose:

1. forcibly touch the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire; or

2. subject another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions.

For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

The crime carries up to one year in jail as a maximum punishment, though jail is not mandatory. A person convicted of this crime can also be sentenced to community service, a conditional discharge, or probation, among other things. The first conviction for this crime does not trigger sex offender registration, but the second does. That fact may prove important for Cuomo as there are other complainants and possible criminal charges potentially awaiting him in the future. Should he be convicted of this charge, and then convicted of another similar charge in the future, then he would become a registered sex offender.

It is difficult to predict whether Cuomo would prevail in this case at trial. Obviously, he is a well known political figure and he has been the subject of tremendous publicity concerning these allegations, so it will be difficult to find an unbiased jury in New York. Also, the other interesting variable for trial will be whether other complainants who have made accusations against Mr. Cuomo will be allowed to testify in this matter regarding the groping at the governor’s mansion. This issue of Molineux witnesses, as they are sometimes called, in sexual misconduct cases, is a subject of tremendous disagreement amongst lawyers and judges. Prosecutors recognize that these witnesses can be extremely powerful (see, e.g. the cases of Harvey Weinstein and Bill Cosby, in which the key to conviction was the fact that multiple witnesses testified about similar conduct by the defendants). Defense attorneys see this sort of “gang tackling” with multiple cases and complaints being presented at once as being violative of due process and constitutional protections. Regardless of where you fall on that issue, there is no doubt that Cuomo’s chances will almost certainly hinge on whether he is permitted to simply defend against one complainant, or whether the jury will hear from several of his alleged victims at once.

Matthew Galluzzo is a former prosecutor from the Manhattan Sex Crimes Unit. As a defense attorney, he has won stunning victories in groping cases in both state and federal court.

*Cuomo will likely also be charged with Sexual Abuse in the Third Degree and other related misdemeanors.

Recently, an unfortunate tragedy occurred in Queens resulting in a man’s death. A tourist from Florida named Sandor Szabo requested an Uber to take him from a family member’s wedding. In an apparently intoxicated effort to find his Uber, Mr. Szabo banged on several nearby cars with his fists. He eventually banged on the car belonging to Jamill Jones, an assistant coach for the Wake Forest University men’s basketball team. Mr. Jones got out of his car and punched Szabo one time in the face. Szabo fell to the ground and hit his head on the pavement. Jones drove away. Szabo was taken to the hospital and later died from the injury. See “Wake Forest coach could face murder charges,” NY Post, August 10, 2018.

Jones was identified and surrendered himself to police. As of yet, he has only been charged with a misdemeanor assault in violation of Penal Law Section 120.00 (Assault in the Third Degree, to be precise). That charge makes it a crime, punishable by up to one year in prison, to intentionally cause physical injury to another person. This is a typical charge for a single punch to the face. The fact that Mr. Szabo tragically died, however, makes the situation more complicated from a legal perspective. The New York Post article suggests that Mr. Jones could face murder charges, but that is perhaps imprecise or incorrect. Murder charges (such as the most common charge of Murder in the Second Degree, in violation of Penal Law Section 125.25) would require a showing that Jones not only killed Szabo, but that he intended to kill Szabo. That seems unlikely given that he only punched Szabo once.

There is precedent for these situations, as this is not the first time in New York that a person has been arrested for killing someone with a single punch; indeed, the author of this article has seen several such unfortunate cases in his days as a Manhattan prosecutor. Normally, one of two things happens: either the defendant is charged with a misdemeanor assault, as Jones has been here, or the defendant is charged with Manslaughter in the Second Degree, in violation of Penal Law Section 125.15. Manslaughter in the Second Degree is a Class C felony with a maximum possible sentence of 15 years, though probation and non-jail sentences are possible. See Penal Law Sections 60.01 and 65.00. Manslaughter in the Second Degree requires a showing that the defendant recklessly caused the death of another person. “A person acts recklessly with respect to a result or to a circumstance…. When he is aware of and consciously disregards a substantial and unjustifiable risk that such result will or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.” Penal Law 15.05(3).

The question thus becomes: when he raised his fist to punch Szabo, did it occur to Jones that he might kill Szabo with a single punch? Most people probably don’t think that one punch will kill, and that is the dilemma facing prosecutors in these cases. Certainly, the prosecutors will feel pressure from the victim’s family and the community to prosecute Jones to the fullest extent of the law. However, it will likely be extremely difficult to secure a felony conviction in this case. Mr. Jones could still receive a sentence of one year in prison for the assault, not to mention the misdemeanor crime of Leaving the Scene of an Accident (VTL Section 600) that he will surely face, as well. But, we expect that he will not even be charged with manslaughter under the circumstances.

If you or a loved one have been arrested or investigated for an accidental homicide, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former Manhattan prosecutors have both prosecuted and defended homicide cases, and can bring their balanced understanding to your defense team.

Federal assault charges can apply to any person who causes an offensive physical touching to another person on the airplane. Certainly, that can apply to physical violence, but it might also apply to unwanted sexual touching of another person as well. Assaulting another person on an airplane is normally a petty offense under federal criminal law, pursuant to 18 U.S.C. § 113(a)(5). (Those accused of sexually assaulting others on airplanes can also be prosecuted with the more serious felony charge of 18 U.S.C. § 2244(b), however, and attempts to maim or murder can be prosecuted as felonies, as well). That means that the crime is a misdemeanor with a maximum prison penalty of six months and/or a fine of $5000.00. Also, it means that the defendant is not entitled to a jury trial. Instead, the defendant must have his case tried by a federal magistrate judge.

Locating and interviewing witnesses in these cases is of paramount importance to the defense. Occasionally, shaky cell phone video footage might be available of the incident or dispute, and it may actually vindicate the accused person. Sometimes defendants have even acted unknowingly or unintentionally, by virtue of intoxicated or sleep disorders, and such defense should be explored and developed if applicable.

If you or a loved one have been arrested or accused of committing that crime in the New York or New Jersey area (JFK, LaGuardia, or Newark airports, for example), you should strongly consider retaining the services of the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Matthew Galluzzo, in particular, has successfully earned trial acquittals and non-jail sentences in cases involving federal charges or assaults on airplanes.