New York Criminal Lawyer Blog

Crotty Saland PC, a New York criminal defense firm founded by two former Manhattan prosecutors, is pleased to announce our client received an Adjournment in Contemplation of Dismissal (ACD) after she was arrested for trying to check a firearm (gun, pistol, revolver, etc.) with a desk agent from JetBlue at New York's John F. Kennedy Airport in Queens. This offense, Criminal Possession of a Weapon in the Second Degree (New York Penal Law 265.03), is a "C" violent felony punishable by up to fifteen years in prison and carries a mandatory minimum of three and one half years in prison.

Despite what many people think, properly registering a firearm and obtaining a concealed weapon permit in their home state does not give them the authority to do so in New York. Compounding matters, even if the gun is "broken down" in a hard sided case with the ammunition in a side compartment, New York law is clear. In substance, if the firearm is capable of being loaded it is, as a matter of law, loaded. What you may perceive as an empty weapon is in fact loaded.

Fortunately for our client, Crotty Saland PC was able to mitigate the conduct, provide proof of ownership and convince the District Attorney's Office that punishing our client with a felony or misdemeanor would serve no greater purpose. Moreover, putting the young woman in jail or requiring probation would benefit no one. Ultimately, once the six month period is complete, our client can continue life without the blemish of any kind of record at all. Although this case, like every case, is unique and the results here cannot predict future results, this non-criminal resolution to a gun possession case follows a string of successes Crotty Saland PC has had in the recent past.

For further information on New York gun laws, New York weapon laws and the crime of Criminal Possession of a Weapon, please follow the highlighted links to the New York Criminal Possession of a Weapon information page. There you will find statutes as well as links to the New York Criminal Lawyer Blog where there is extensive information including legal decisions and newsworthy cases.

Crotty Saland PC is a New York criminal defense firm representing the accused throughout the New York City area. The founding partners both served as prosecutors in the Manhattan District Attorney's Office prior to becoming New York criminal defense attorneys.

Shoplifting in New York, from Manhattan to Brooklyn and the Bronx to Queens, is a crime routinely prosecuted by District Attorney's Offices throughout the New York City region. Surprisingly, while New York criminal defense lawyers regularly handle New York shoplifting cases (often prosecuted under New York Penal Law 155.25 - Petit Larceny or 165.40 - Criminal Possession of Stolen Property), the public is often ignorant of New York shoplifting laws. What are the potential crimes and collateral consequences of a shoplifting arrest or conviction? What is a New York shoplifting Desk Appearance Ticket and what are the court procedures? To help give those arrested for shoplifting a springboard to educate themselves on New York criminal law, Crotty Saland PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Shoplifting information page.

The New York Shoplifting information page is not a substitute for a consultation with or an analysis by your New York criminal lawyer. Instead, the New York Shoplifting information page addresses the the crimes of Petit Larceny (New York Penal Law 155.25), Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40) and the more serious felony crimes associated with shoplifting laws and crimes. Additionally, the New York Shoplifting information page contains links to other information pages relating to the arrest process in New York City (Manhattan, Brooklyn, Queens, etc.) and Desk Appearance Tickets that are often issued for shoplifting arrests. Beyond this, there are links to additional resources addressing shoplifting laws and the collateral consequences of any type of plea including those that do not result in a criminal record. For example, the collateral impact of a shoplifting arrest for a teacher, MBA graduate employed in finance or a physician may be significantly greater than a individual employed in an area where certifications or background checks are not required.

Whether you have been arrested, issued a Desk Appearance Ticket or merely want to learn about New York shoplifting laws, Crotty Saland PC's Shoplifting information page is a good source for legal decisions and an interpretation of that law. Further information, including criminal statutes, legal decisions and newsworthy cases, can be found on both the Shoplifting information page and the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com). Again, while it is no substitute for an analysis of your particular case, the information contained therein can address questions you might have while also providing you with the knowledge to have an educated conversation with your New York criminal lawyer.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland PC represents clients for Shoplifting arrests and Shoplifting Desk Appearances Tickets throughout the New York City region.

In non legal terms, it is very easy to look at Burglary in New York (New York Penal Law sections 140.20, 140.25 and 140.30) as trespassing in a building that you entered or remained in with the purpose or goal of committing any type of crime. Although there are significant nuances and elements differentiating the degrees of Burglary that should be discussed with your New York criminal defense attorney, it is critical to understand the law of Burglary in New York because there are vast differences in the potential punishment amongst the three degrees of this crime.

One of the significant differences, for example, between a charge of Burglary in the Third Degree (NY PL 140.20) and Burglary in the Second Degree (NY PL 140.30), is that the building entered is a "dwelling." If your conduct is the same, but instead of an office building you enter a dwelling, the crime will be "bumped up" to the Second Degree Burglary. If this occurs, the mere fact that you entered a "dwelling" will raise the potential sentence from a maximum of seven years in prison to a maximum potential sentence of fifteen years with a mandatory minimum of three and one half years. Knowing the ramifications, this entry will take a step back and lightly dissect how a "dwelling" is defined.

According to New York Penal Law section 140.00(3), a "dwelling" is a "building which is usually occupied by a person lodging therein at night." Seems straight forward, right? Well, is a garage part of a dwelling? What if you enter an office room in a hospital to steal? Is that hospital considered a dwelling?

The answer to the above questions are found throughout the legal decisions involving Burglary. In People v. Harris, 19 A.D.3d 171 (1st Dept. 2005), the Appellate Court upheld the defendant's conviction for Burglary in the Second Degree (New York Penal Law 140.25), where the defendant entered a hospital, went behind a cubicle and stole property. The court found that the cubicle area was "unmistakably a nonpublic area even though it was not locked or otherwise secured." Additionally, and on point with this entry, the Court further ruled that "[t]he hospital was a dwelling for purposes of [B]urglary in the [S]econd [D]egree because it was a building containing rooms occupied by patients overnight notwithstanding that portions of the hospital were open to the public and that the executive suite was not used for lodging." In other words, even though the defendant entered an area of the hospital that was commercial in nature, that same hospital had rooms attached or a part of it. Therefore, the building was considered a "dwelling" even though the defendant never entered the bedroom/hospital bed parts.

The Harris decision is not the only case addressing this issue. In People v. Rivera, 301 A.D.2d 787 (3rd Dept. 2003), another Appellate Court upheld a conviction for Burglary in the Second Degree where the defendant entered a screened in porch that was attached to the home. Because the home was clearly a "dwelling," the attached screened in porch was legally part of that overall "dwelling" structure.

Even if a person is not home at the time of the Burglary, it does not meant that a Burglary has not been committed. In fact, the Court of Appeals has gone as far as to find that a house that belonged to a man who died just prior to the Burglary constituted a dwelling even though clearly he no longer lived there. The Court held that the "structure was a one-family residence that was fully furnished with working utilities and could have been occupied overnight. [The dead man's] property was still in the house, including food in the refrigerator. Further, it is undisputed that the house was ordinarily occupied overnight by the [dead man] before his death." People v. Barney, 99 N.Y.2d 367 (2003)

For further information on the varying crimes and degrees of Burglary in New York, follow the highlighted links above. Additional information on Burglary and other crimes including legal statutes, case law and newsworthy decisions can be found on the New York Criminal Lawyer Blog.

A criminal defense firm founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland PC represent the accused throughout the New York City area.

In an ongoing effort to decipher the white collar criminal law in New York, the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC have created an information page for Falsifying Business Records in the First Degree (NY Penal Law 175.10) and Falsifying Business Records in the Second Degree (NY Penal Law 175.05). Falsifying Business Records in the First Degree is an "E" felony punishable by up to four years in state prison while Falsifying Business Records in the Second Degree is an "A" misdemeanor punishable by up to one year in jail.

Briefly, both of these white collar crimes are often associated with other offenses including Grand Larceny, Forgery and Criminal Possession of a Forged Instrument. Generally, Falsifying Business Records in the Second Degree occurs when a person alters, destroys or fails to input information in the records of a business with the intent to defraud. What escalates this offense to the felony crime is when the person acts as described, but also has the intent to commit or cover up another crime. The easy way to visualize this crime is as follows:

You work for a company and you alter information on payments or bills received. The company utilizes those documents in their business. If you did this altering to defraud (make someone believe you did your job or someone failed to do theirs, for example), then the misdemeanor may apply. If, however, you did this to cover up for money that you stole from the company, then the felony would likely apply.

To obtain a better understanding of New York white collar criminal law involving Falsifying Business Records, consult with an experienced New York white collar criminal defense attorney. For further information on this crime, please refer to the Falsifying Business Records information page and the New York Criminal Lawyer Blog where extensive information on legal cases, criminal statutes and newsworthy cases can be found.

Crotty Saland PC is a New York white collar criminal defense firm representing clients in criminal investigations, arrests, indictments and trials throughout the New York City region.

Any crime or offense in New York where violence is perceived or carried out is a serious offense. Experienced New York criminal defense lawyers who handle violent felonies and misdemeanors often represent clients in Criminal Possession of a Weapon and Assault cases. Not seen as often, but potentially as serious, is the crime of Stalking. Briefly, Stalking in New York ranges from a "B" misdemeanor (New York Penal Law 120.45) punishable by up to 90 days jail to a "D" felony (New York Penal Law 120.60) punishable by up to seven years in prison. Between these two crimes are Stalking in the Third Degree (New York Penal Law 120.50) and Stalking in the Second Degree (New York Penal Law 120.55). The following entry will define and address Stalking in the Fourth Degree as it relates to "reasonable fear." Although addressing "reasonable fear" in the context of Stalking in the Fourth Degree, this entry is relevant to the other degrees as well.

Generally, one is guilty of Stalking in the Fourth Degree when one intentionally and without a legitimate purpose, engages in a course of conduct directed towards an individual person and knows, or reasonably should know, that his or her actions:

(1) is likely to cause reasonable fear of real harm to that person's safety or health (or to that of a third person); or

(2) actually causes material harm to the mental or emotional health of the person through the use of a telephone or initiating communications; or

(3) is likely to cause such person to reasonably fear that their employment or business is threatened when the "stalker" appears or calls the place of business and has been clearly informed to stop.

As noted above, assuming each and every other element is met under the first subsection, one's conduct must still cause "reasonable fear" in the complainant. Addressing this issue, a Manhattan Criminal Court judge recently dismissed a charge of Stalking in the Fourth Degree where the other elements of the crime where met, but prosecutors failed to establish a "reasonable fear" in the complainant.

Continue reading "Stalking in the Fourth Degree: New York Penal Law 120.45 & "Reasonable Fear"" »

Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Stephanie Brown, a rare coin expert (numismatist) broker and dealer, on 83 charges including Burglary in the Second Degree, Grand Larceny in the Second Degree, Scheme to Defraud in the First Degree and Forgery in the Second Degree. It is alleged that after Ms. Brown duped a mother-daughter pair into investing $1 million dollars into gold and silver coins during a three year period. Ms. Brown, an Arizona native, allegedly came to New York and stole $430,000 worth of those coins back from the pair after they allowed Ms. Brown to come to their apartment.

According to the Manhattan District Attorney's Office, since 2007, Ms. Brown, at one time an an independent broker for ITM Trading, Inc "made numerous misrepresentations and omissions in order to induce the mother and daughter to purchase coins. For example, [Ms. Brown] advised both mother and daughter to liquidate all financial investments they held and to invest their life's savings in gold coins."

Sadly, it is alleged that not only did the victims fail to recognize the importance of diversifying their investments, they permitted Ms. Brown to come into their apartment where she organized the coins in a manner to maximize their value. It is further alleged that Ms. Brown convinced the pair that their coins where safer in their home than locked down in a bank's safety deposit box.

According to prosecutors, Ms. Brown at times was left in the home alone. During these times she stole coins valued at approximately $430,000. Before returning to New York Ms. Brown sold some of the coins to a local dealer where she is alleged to have forged documentation by indicating she was the rightful owner.

The most serious offense facing Ms. Brown is the charge of Burglary in the Second Degree. A "C" violent crime, she faces a mandatory minimum of 3.5 years in state prison if convicted. Interestingly enough, this may be the most difficult charge for prosecutors to prove. The New York Penal Law requires that for a conviction to stand, one element that prosecutors must prove is that either Ms. Brown unlawfully entered or unlawfully remained in the apartment. If Ms. Brown was invited in and that right was never revoked, can prosecutors satisfy this element? If convicted, Ms. Brown faces up to 15 years in prison.

As to the other charges, Grand Larceny in the Second Degree is a "C" felony, Forgery in the Second Degree is a "D" felony and Scheme to Defraud is an "E" felony. While there is no mandatory minimum term of prison if convicted, the crimes carry a maximum sentence of 15, 7 and 4 years respectively. Obviously, it is the crime of Burglary in the Second Degree that Ms. Brown must first try to identify and implement a defense to.

For extensive information on the crime and laws of Burglary in New York as well as the crimes and laws of Grand Larceny and Forgery, please follow the highlighted links to the "information pages." Additional information on these and other crimes as well as legal decisions and cases in the news can be found on Crotty Saland PC's New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com

Crotty Saland PC is a New York Criminal defense firm located in Manhattan. Representing the accused throughout the region, the New York criminal lawyers at Crotty Saland PC served as Manhattan prosecutors prior to starting the firm.

The New York criminal defense attorneys at Crotty Saland PC have created an "information page" for those people charged with or seeking information on the crime of Criminal Mischief in New York. Not merely a regurgitation of New York Penal Law sections 140.00, 145.05, 145.10 or 145.12, the resource page is a starting point to educate yourself about this crime. While the page is no substitute for an in depth review of your particular facts with an experienced New York criminal lawyer, this tool does discuss potential areas where you may find your defense.

Generally, Criminal Mischief in the Fourth Degree (NY Penal Law 145.00), a relatively common misdemeanor involving the damaging of another person's property, is the basis of all of the other felony crimes involving Criminal Mischief. From Manhattan to Queens and Brooklyn to Westchester County, the crime of Criminal Mischief involves the same premise. That is, if you intentionally damage another person's property, regardless of how significant, you can be charged with a crime. The misdemeanor offense even permits a reckless damaging to be the basis of this charge. What bumps the crime up to a felony is the amount of the damage. Once the damage exceeds $250 and $5,000, the crime becomes an "E" and "D" felony respectively.

As with any crime, there are terms in the statute and areas where legal decisions are pertinent. For example, how is the value of the damaged property determined? Is it legally sufficient to merely state in a conclusory manner that the property was damaged without specifying how? These are just some of the relevant issues to any Criminal Mischief case.

Beyond the Crotty Saland PC Criminal Mischief information page, the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) has extensive information on numerous criminal statues, legal decisions and newsworthy cases. By submitting a crime or words in the search engine, readers will find information as to that particular request. This includes the crime of Criminal Mischief.

Representing the accused throughout New York City, Westchester County and beyond, the founding New York criminal defense attorneys at Crotty Saland PC not only advocate for their clients in all matters, but have additional experience serving as prosecutors in the Manhattan District Attorney's Office prior to starting the firm.

According to Manhattan District Attorney Cyrus Vance, Jr., this Medicaid bust may be just the tip of the prescription pad iceberg and that more arrests in other investigations are coming. Prosecutors allege that Patrick Alcindor, a pharmacist with Procare Pharmacy, located at 1728 Amsterdam Ave. in Washington Heights, over-billed Medicaid for more than $1.8 million between April 2009 and March 2010. In fact, prosecutors claim that during this sting operation, an undercover police officer gave Mr. Alcindor written prescriptions to be filled, but the undercover police officer got a fist full of dollars in instead. These prescriptions included medications such as Reyataz, Truvada, Prezista, Procrit, and Zyprexa. Instead of dispensing this medication, Mr. Alcindor allegedly dispensed cash to the undercover police officer as part of Mr. Alcindor's alleged scheme to swindle Medicaid. Mr. Alcindor would then bill Medicaid as if he really filled the prescription for the drugs. It is claimed by law enforcement that another pharmacy worker was in on the scheme.

Mr. Alcindor is currently charged with numerous counts of Grand Larceny including Grand Larceny in the First Degree. Additionally, the indictment charged Mr. Alcindor with Criminal Diversion of Prescription Medication in the Fourth Degree. For whatever reason, prosecutors chose not to charge Mr. Alcindor with the crimes of Forgery, Criminal Possession of a Forged Instrument and Falsifying Business Records for his alleged conduct in completing and filing false documentation to obtain the money from Medicaid.

Ranging from "E" to "B" felonies, if convicted of the most serious Grand Larceny offense, Mr. Alcindor faces a minimum of one to three years in prison with a maximum term of eight and one third to twenty five years in prison.

Although a crime, Criminal Diversion of Prescription Medication in the Fourth Degree (New York Penal Law 178.10) is "merely" a misdemeanor punishable by up to one year in jail. It is interesting to note that there is a defense found in the New York Penal Law to this crime. A duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy may argue that his or her conduct was - just as it says in the statute - in good faith and not criminal. Practically speaking, however, it will certainly be "difficult" to convince a jury or judge that Mr. Alcindor acted in good faith if the evidence as reported by prosecutors is accurate. Having said that, Mr. Alcindor has a long road ahead of him regardless of the defense he determines is best.

Extensive information regarding the varying degrees of Grand Larceny and Article 155 crimes can be found on the highlighted links. A detailed look at the crime of Criminal Diversion of Prescription Medication in New York can also be found on the respective links as well. Additionally, the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) has a significant amount of information regarding these and other crimes as well as statutes, legal decisions, analysis and newsworthy cases for review. Once on the blog, a search of these crimes will reveal this and other information.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland PC represents clients throughout the New York City region in criminal matters ranging from investigations to trials.

Although it sounded horrific on paper, the New York criminal defense lawyers at Crotty Saland PC arguably obtained the best result for a client charged with Criminal Possession of a Weapon (a .380 handgun), Criminal Possession of a Controlled Substance (cocaine), Unlawful Possession of Marijuana and Driving with a Suspended License. Despite the allegations, our client pleaded to the violation of Disorderly Conduct. This disposition avoided not only a criminal record, but jail or probation.

Our client, a resident of North Carolina, came to New York to visit family. Unaware of the laws here, the client brought a legally registered firearm from his home state into New York. When he was pulled over for an alleged traffic infraction, the police also found some marijuana and cocaine on his person in an amount consistent with personal use. Compounding matters, our client was driving on a suspended license for old tickets he was unaware about.

After providing the District Attorney's Office with a significant amount of mitigating factors, including proof of the gun's legal North Carolina registration and ownership, the work and familial history of our client, and other directly relevant information, all parties came to an agreed upon disposition. Our client payed off his old summonses, forfeited the firearm and over the course of the year provided the District Attorney's Office with proof (clean urine readings) that he was not using any controlled substance. As a result, the District Attorney's Office permitted our client to enter a plea to Disorderly Conduct with the condition that he remains out of trouble for the next year.

On par with some of our recent successes, this case, like ever case, is unique and required a specifically tailored defense (prior results do not guarantee a future outcome). All things considered, our client obtained one of the best results in the face of these particular serious allegations. Fortunately, our client's ignorance about the gun laws in New York and possession of drugs for personal use did not destroy his career or future.

For extensive information on New York gun and weapon crimes as well as Criminal Possession of a Weapon, please follow the appropriate link. Moreover, further information on Criminal Possession of a Controlled Substance and New York drug crimes can be found on the respective link as well. The Crotty Saland PC website and New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) also has legal analysis, criminal statutes, recent case decisions and newsworthy cases as to these and other areas of criminal law.

The New York criminal defense lawyers at Crotty Saland PC represent the accused in allegations of weapon crimes throughout the New York City region. Before starting the criminal defense firm, both partners served as Assistant District Attorneys in the Manhattan District Attorney's Office.