You and your partner are co-owners of certain assets in a clothing store in Manhattan or a antiques store in Brooklyn. You take some of the businesses assets without informing your partner or getting his permission. The question that arises is can you be found guilty of larceny (grand or…
New York Criminal Lawyer Blog
New York Criminal Law: The Affirmative Defense Part I
An experienced and skilled New York criminal attorney should be able to advise you on possible and potential defenses to the crimes you stand accused of in any New York jurisdiction from Manhattan and Brooklyn to White Plains and Yonkers. For example, you may have an alibi in a Burglary…
Identity Theft: 40 Million Credit Card Numbers Stolen from Retailers Including TJ Maxx
As a former prosecutor in the Manhattan District Attorney’s Office and one of the founding members of the Identity Theft Unit assigned to the unit after it’s creation, I investigated large scale Identity Theft, Forgery, Grand Larceny and related crimes in amounts that exceeded millions of dollars both in the…
From Escort Services to Elliot Spitzer: New York Criminal Statutes Relating to Prositution Part I
Elliot Spitzer, The Emperor’s Club VIP, Ashley Dupre, Kristin Davis, Wicked Models…Clearly, those working in the oldest profession right here in Manhattan, and the men who seek their services, are still pushing the limits of the law. As a former prosecutor who served for seven years under Robert Morgenthau in…
NY Criminal Defense: NY Health Care Fraud
As one of the original founding member of the Manhattan District Attorney’s Office Identity Theft Unit after the unit’s creation and as a criminal defense attorney, I have had the opportunity to prosecute, investigate and defend individuals accused of a laundry list of crimes in the fraud arena. These NY…
New York: Trial and Sentence in Absentia
You have a trial in Manhattan Supreme Court or Brooklyn Criminal Court and you fail to return on the scheduled date. In the alternative, you pleaded guilty in Bronx Criminal Court after bargaining with the prosecutor and the judge scheduled a date for sentencing, but you didn’t return. The question…
Resisting Arrest in NY: Conviction if Underlying Crime Dismissed?
As a criminal defense attorney and former prosecutor who was an original member of the Identity Theft Unit, I have seen people charged with Resisting Arrest, Penal Law 205.30, along with underlying crimes ranging from Assault, DWI and Grand Larceny to Robbery, Trespassing, and Marijuana Possession. As the cases proceeded…
Aggregating Multiple Larcenies into One Grand Larecny Felony in NY
A person steals $5000 from a victim in Manhattan, $2000 from a victim in Brooklyn and $45,000 from a victim in White Plains. Jurisdictional issues aside, can each of these crimes be aggregated so that prosecution can charge this person with one count of Grand Larceny in the Second Degree…
Forged Instruments and Forgery in NY: Attacking a Prosecutor’s Case Part II
It does not matter if you are being prosecuted in Manhattan, Bronx, Brooklyn, Queens, White Plains, Mt. Vernon or Yonkers – the law is clear on Forgery and Criminal Possession of a Forged Instrument. Either it is or it is not. Sounds simple enough, but unfortunately, it may take an…
Attempt to Commit a Crime in New York: Murder
New York Penal Law Section 110.00 establishes that a defendant is guilty of an attempt to commit a crime when, “with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.” Well, if you are accused of attempting to commit a robbery…