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New York Criminal Lawyer Blog

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Oscar Fuller, the One Punch Bandit, and Second Degree Assault: A New York Criminal Lawyer’s Analysis of a Potential Overcharge

Oscar Fuller, the man accused by prosecutors of obliterating the petite Lana Rosa with one punch, was arraigned on an indictment charging Assault in the Second Degree in Manhattan Supreme Court earlier this April. According to District Attorney Cyrus Vance, Jr., what began as a dispute over a “trivial matter…

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James Whittemore Fails to Make Letterman’s Top Ten After Allegedly Trashing Ed Sullivan Theater: Criminal Charges & Potential Punishment

James Whittemore, the twenty-something Manhattan man arrested for an alleged drunken rampage at the fabled Ed Sullivan Theatre in New York City, is going to a get a sobering reality check when he sees a criminal court judge for the first time. It is alleged by police that Mr. Whittemore…

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New York Identity Theft Crimes: Can One Perpetrate Identity Theft in NY Where Permission is Given to Use Personal Identifying Information

As a prosecutor in the Manhattan District Attorney’s Office for over seven years, I supervised and led investigations, arrests, indictments into complex identity theft and fraud related crimes and schemes. One of those investigations and indictments resulted in the conviction of numerous individuals who posed as professional graduate school entrance…

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Report: Manhattan DA to Dismiss Charges Against Dominque Strauss-Kahn

Dominque Strauss-Kahn, the French national and former head of the IMF, may be celebrating his own Independence Day accompanied with a display of fireworks that would revival any July 4th celebration. According to the New York Post, DSK could “walk” as early as his next court date after Manhattan prosecutors…

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An Undeserved Rap: Raymond Velasquez Charged with Reckless Endangerment & Other Crimes in NYC Court

Make no mistake. 34 year old wannabe rapper, Raymond Velasquez, is a little past his “aspiring” years, but deserves some credit for his energy and ambition. While his arrest for disrupting NYC traffic and intentionally disregarding the police may not be worth the attention he has brought upon himself, prosecutors…

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Voiding an Arrest in a New York Shoplifting, Weapon or Drug Case: NY CPL 170.55 & the ACD “Nullity”

Often times, prosecutors in the New York City area (Manhattan, Brooklyn, Bronx, Queens and Westchester Counties) offer first time shoplifters as well as those accused of other thefts, weapon crimes and personal drug possession, a violation of Disorderly Conduct (New York Penal Law 240.20). Depending on the facts and circumstances,…

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Is Merely Entering and Exiting a Building Five Minutes Later Enough to Establish Probable Cause for a Trespass Arrest in New York

When all the criminal laws in New York are reviewed, Trespassing in the Third Degree, pursuant to New York Penal Law section 140.10, certainly is not one of the more complex laws. Having said that, it does not mean that complex legal issues will not arise for both New York…

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Can Prosecutors in New York Use the BAC Breath Test Taken at the Scene of a DWI Arrest Against You at Trial

In New York City it is routine that an arrest for DWI, DUI or driving while intoxicated is accompanied by an on the scene intoxilyzer or BAC breath test. In other words, before you ever meet with your criminal lawyer or are handcuffed in the back of a police car,…

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