As a former prosecutor in the Manhattan (New York County) District Attorney’s Office and one of the first Assistant District Attorneys in the Identity Theft Unit, I have seen a significant amount of outright stupid moves that have resulted in arrests for crimes ranging from Assault and Gun Possession to…
New York Criminal Lawyer Blog
NY Reckless Endangerment: Building Climbers and Jumpers Alain Robert, Renaldo Clarke and Jebb Corliss
Alain Robert and Renaldo Clarke are not the first and probably not the last people to scale a large building or historical landmark in New York. Nor are they the first people to need the assistance of an experienced criminal defense attorney to get them out of a serious predicament…
Not Guilty of Assault: Manhattan Case of Christoper Carter and Stuart Sugarman
Christoper Carter was acquitted in New York County (Manhattan) Criminal Court after a jury found the prosecution did not prove he committed the crime of Assault in the Third Degree, a misdemeanor punishable by up to one year in jail, beyond a reasonable doubt. While many people know the basics…
Tatum O’Neal: Criminal Possession of a Controlled Substance 7th Degree – Possession of Crack-Cocaine
*** For further information regarding an arrest or issuance of a Desk Appearance Ticket for Criminal Possession of a Controlled Substance in the 7th Degree (NY Penal Law 220.03), and your criminal defense, please review the articles on drug quantity, constructive possession of drugs and the necessity of a laboratory…
Tampering with a Witness and Intimidating a Witness: Two Distinct Crimes in New York State
Tampering with a Witness (New York Penal Law Sections 215.10, 215.11, 215.12 and 215.13) and Intimidating a Victim or a Witness (New York Penal Law Sections 215.15, 215.16 and 215.17) are distinct crimes that often confuse defendants, defense attorneys and prosecutors throughout the New York area from Brooklyn, Queens and…
Speedy Trial: How Much Time is a “Reasonable” Amount of Time for New York Prosecutors to Prepare for Trial?
A Manhattan Judicial Hearing Officer recently ruled in People v. Moustapha Diagne, that prosecutors in New York County (Manhattan) failed to adhere to speedy trial requirements set forth under the New York State Criminal Procedure Law. Therefore, the case against the defendant was dismissed. Specifically, the prosecutor did not file…
Suozzi: Making Names, Addresses and Photographs Public for DWI Arrests in NY
Nassau County Executive Tom Suozzi plans on releasing the names of all people arrested for DWI (driving while intoxicated) over the Memorial Day weekend. Hopefully, executives, legislators and other politicians in Westchester, Rockland, Manhattan, Bronx, Brooklyn, Queens and Staten Island don’t follow in his foot steps in circumventing the criminal…
NY Subway Mugger Arrested: Charged with Grand Larceny, Robbery and Resisting Arrest
The New York City Police Department (NYPD) finally arrested Mark McIntosh and charged him with three counts of Grand Larceny, three counts of Robbery, and one count of Resisting Arrest. McIntosh allegedly snatched purses from six women standing on subway platforms throughout New York City including Manhattan and Brooklyn. Not…
Criminally Negligent Homicide in New York: Taylor Webster
6 Year old Taylor Webster died at Mount Sinai Hospital in New York and her foster mother, Joanne Alvarez, was charged with Criminally Negligent Homicide (Penal Law 125.10 – an “E” Felony with no mandatory minimum jail sentence) after Ms. Alvarez gave her a prescription fentanyl “pain patch.” Unfortunately, Taylor’s…
The Grand Jury in New York State Part I
You have seen people being arrested and defendants being arraigned before a judge. You have seen New York City criminal defense attorneys advocating for their clients while prosecutors try to throw them in jail. Of course, you have seen that all on television where the Manhattan District Attorney’s Office is…