Recently, I posted a decision issued by a Manhattan Criminal Court Judge from April 2008 finding that mere possession of a fake ID (fake identification card) was sufficient to establish intent and knowledge to sustain the charge of Criminal Possession of a Forged Instrument under New York Penal Law Section…
New York Criminal Lawyer Blog
Forged Instruments and Forgery in NY: Attacking a Prosecutor’s Case Part I
In New York, Forgery (Penal Law 170.05, 170.10 and 170.15) is a crime that seems obvious and straightforward, but is often far from it. As the most senior member of the first prosecutors assigned to the Manhattan District Attorney’s Office Identity Theft Unit and currently a criminal defense attorney, I…
New York DWI: Vehicle and Car Forfeiture
Even if you retain a criminal defense attorney who helps you avoid jail or a significant fine on a plea to Driving While Intoxicated (DWI) in New York City, there is always the potential that the vehicle you were driving at the time you were arrested may be forfeited. In…
Aggravated Driving While Intoxicated (DWI) in NY: Not Your “Average” DWI
Driving While Intoxicated (DWI) is an offense that all prosecutors and judges in New York, from Manhattan, Brooklyn and the Bronx to White Plains, Yonkers and Mt. Vernon, take extremely seriously. In fact, as of December 2006, the New York State Legislature put a new law on the books, Aggravated,…
Extortion: New York’s Grand Larceny with a Twist
Whether you are in Manhattan, White Plains or Brooklyn, there is no statute titled “Extortion” in New York. Instead, Extortion is a “type” of Grand Larceny, but just a Grand Larceny none the less. In other words, an individual charged with this crime would be charged on an indictment which…
Knowing your Rights in New York: Inquiry to Frisk
You are minding your own business walking down the street in Brooklyn or maybe you just walked out of J&R Music in downtown Manhattan. A police officer approaches you and starts to ask you questions. Do you have to answer? Can you walk away? Can he detain, frisk or search…
New York Criminal Possession of a Forged Instrument: Judge Rules Mere Possession Sufficient to Establish Knowledge and Intent
Recently, Judge Mandelbaum of the New York County (Manhattan) Criminal Court issued a decision regarding Criminal Possession of a Forged Instrument in the Third Degree that is a setback for all defendants charged with Criminal Possession of a Forged Instrument in the New York City area from the Bronx and…
New York Forged Instruments: Fake IDs, Phony Checks, Bogus Credit Cards…and Bent MetroCards too!?!
There is little dispute that if you use a fake identification to rent a car in Manhattan, a bogus credit card to make a purchase at a supermarket in the Bronx, or a phony check to make a payment on an account in White Plains (Westchester County), you run a…
Mount Kisco Police Officer George Bubaris: Not Guilty of Manslaughter and Criminally Negligent Homicide
Mount Kisco (Westchester County) police officer George Bubaris was acquitted of the charges of Manslaughter and Criminally Negligent Homicide in White Plains. The case has divided communities and received significant media attention due to the exposure of the issues that exist between immigrant communities throughout New York and local law…
Criminal Defense – Identiy Theft in New York: Prosecution in a County Where the Criminal Transaction Did not Take Place
You are charged in Manhattan with Identity Theft (Penal Law Sections 190.78, 190.79, and 190.80) or Unlawful Possession of Personal Identification Information (Penal Law 190.81, 190.82 and 190.83), but you reside in Brooklyn and the alleged criminal transactions occurred in the Bronx, White Plains and Yonkers. Well, how is the…