Articles Posted in Other Crimes

Whether you reside in New York City, the Hudson Valley or any municipality from Manhattan to Buffalo, Rochester to White Plains, or Syracuse to Albany, you are not immune from predation by would be extorters, coercers, blackmailers, stalkers and harassers. While the New York Penal Law covers these criminal acts as both felonies and misdemeanors, as of the time of this blog entry there is no New York statewide statute covering what is often referred to as “Revenge Porn.” Fortunately, however, thanks to New York City Administrative Code 10-177*3, Unlawful Disclosure of an Intimate Image, there is recourse for victims of “Revenge Porn” crimes in New York City. In fact, not only can the person sharing your intimate and sexual images without your consent find him or herself charged with a misdemeanor crime (can you say “hello” Rikers Island?), but NYC Admin. Code 10-177*3 also provides for civil remedies such as those involving punitive damages, compensatory damages, attorneys fees and injunctive relief so that your harasser ceases sharing and distributing your naked, sexual or intimate images.

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A law that without question has a good intent and goal, New York City’s Right of Way law, codified as Administrative Code 19-190, has seen its fair share of legal challenges by criminal defense lawyers throughout the City of New York. Although the law that has criminal sanctions does not apply to the State of New York, those drivers in Manhattan, Brooklyn, Bronx and Queens are within the law’s jurisdiction. A recent Appellate Term Decision from the Second Department did not ultimately address the constitutionality of NYC Admin. Code 19-190, but whether a bare minimum complaint reciting the statute with limited factors sufficiently and legally supports this non-New York Penal Law crime.

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It likely is neither an exaggeration nor overstatement. “Sextortion” and the circulation of sexual images by a malicious and ill-intentioned former spouse, boyfriend, girlfriend or other person is as emotionally devastating as it is overwhelmingly violative to the victim of such abuse. Unfortunately, New York State does not have any specific offenses tailored to these crimes in the Penal Law leaving both law enforcement and criminal lawyers and victim advocates in a difficult position when it comes to “revenge porn.” With any luck, however, this might change in the coming year. According to a December 21, 2017 press release by Governor Andrew Cuomo, it is his goal to end “sextortion” and the sharing of otherwise non-consensual pornography. While there may be some remedies to victims of these crimes in the New York Penal Law, the set of offenses proposed by the Governor gives law enforcement the tools to prosecute these acts throughout the State of New York. Although not yet codified, these potential crimes include: Unlawful Duplication of Sexual Images, Sexual Extortion in the Third Degree, Sexual Extortion in the Second Degree and Sexual Extortion in the First Degree.

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Second Degree Aggravated Harassment, New York Penal Law 240.30, is a fairly common misdemeanor crime charged by the NYPD and prosecuted by Assistant District Attorneys throughout the City of New York. A common Domestic Violence crime, but not always a “DV” offense, an arrestee can be prosecuted by means of a trip to Central Booking for up to 24 hours or a Desk Appearance Ticket whereby the accused merely spends a few ours in custody at the precinct of arrest. Simply, none of these scenarios is appealing.

Not a full analysis of all legal challenges and issues associated with NY PL 240.30, the question addressed by this blog entry briefly touches on what constitutes free speech and whether one communication can be grounds for committing Second Degree Aggravated Harassment if it is not a “true threat” of physical harm.

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Most people know to listen to a judge. After all, he or she has the ability to change the trajectory of your life whether you are involved in a civil case or you have been arrested for any number of crimes outlined in the New York Penal Law. In the criminal context, when you miss your court date, an arraignment for a Desk Appearance Ticket, a scheduled compliance date, a calendar call for an update, or any other appearance on a misdemeanor or felony crime, the judge hearing your case will more than likely issue a bench warrant barring some corroborated reason why you could not be present. As your criminal defense lawyer will (and should have already) tell you, once the judge orders or issues a bench warrant the police are authorized to arrest you. Complicating matters, if you are outside the State of New York, you may be held without bail until a detective returns you on a “Governor’s Warrant.” Could you sit there for a week, two, more? Sadly, yes.

Outside of the simple fact that you do not want a warrant issued and the police looking to arrest you and return you to court, the consequences of skipping your court date don’t end with a warrant. In fact, depending on how long you are out and about and fail to return, prosecutors in the District Attorney’s Office can hit you with a brand new charge…Bail Jumping.

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New York Blackmail and Extortion comes in different “flavors” and “sizes”. These cases are often as unique as the circumstances, victims and perpetrators. Often, when there is an extortion, threat of embarrassment, demand for money or mere harassment, a victim is hesitant to go to the police even when the law is clearly on his or her side. Similarly, there are situations where the harassment, emails, calls, threats, demands, stalking or other conduct may actually skirt violating the New York Penal Law. Call the police anyway? Risk your business, name or family relationships? Are there other options that can potentially put an end to this misery? Simply, when does a victimizer’s actions violate the New York Penal Law and what if anything should, or can, you do?

This blog entry will not serve as a substitute for an in depth analysis of your particular case. In fact, it in no way will address your case but instead identify potential issues and how you can take control of a situation that may derail your life if you let it fester and grow.

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Certain crimes, whether ultimately proven by prosecutors beyond a reasonable doubt or successfully defended by New York criminal defense attorneys before or during trial, have a significant stigma associated with them. Crimes involving children rank high on this list of offenses, but those involving animals are not that far behind. Nobody, from New York judges to the Assistant District Attorneys who prosecute cases, has much sympathy where the allegations of an arrest or indictment involve animals. New York City may be the “concrete jungle,” but preying on animals will likely leave you locked up and facing a judge for your alleged indiscretions – willful or not. While each crime is unique, one statute that prosecutors use in their arsenal and that criminal defense lawyers find them selves challenging is Agriculture and Markets Law 353. This “A” misdemeanor, punishable with a permanent record by up to one year in jail, makes it a crime to deprive any animal of necessary sustenance, food or dink, or neglect or refuse to furnish that animal with such sustenance or drink. This blog entry will deal with the crime of AML 353 and the analysis of AML 353 in the context of case in New York City Criminal Court.

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In New York, or any state for that matter, arrests involving children carry with them the worst stigma. Obviously, crimes that involve sexual or physical harm are by far and away the most serious, but the stain of an arrest can linger even if your conduct is nowhere near or similar to these offenses. While on its face Endangering the Welfare of a Child, New York Penal Law 260.10, is a “nasty” crime, your conduct need not be that significant to run afoul of the law. In fact, the New York criminal lawyers and New York Endangering the Welfare of a Child attorneys at Crotty Saland PC have represented more than one client over the years for leaving a child alone briefly to merely follow through with an every day activity such as running into a store for a couple of minutes. Smart? Maybe not. Worthy of a criminal conviction? No.

Well, beyond the crime of PL 260.10, even if the conduct itself is criminal, who is responsible for the child in question? What if, for example, a child was left unattended and you, as a cousin, neighbor, uncle, sibling or other party came to secure the child after the police had been called. Is your mere offer to take responsibility of the child also a reflection of your culpability for leaving the child alone? What must prosecutors do to establish the nature and extent of the defendant’s control and care? A recent decision from the Bronx Criminal Court answers this exact question.

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Facial Sufficiency is a vital consideration in the field of Criminal Law (one of many, of course). If a misdemeanor information (some people call it a complaint) is facially insufficient then the misdemeanor information is considered jurisdictionally defective and should be dismissed. In order for a misdemeanor information to be facially sufficient the misdemeanor information must, when viewed in a light most favorable to the People (the District Attorney or prosecution), contain non-hearsay factual allegations providing reasonable cause to believe that the defendant committed the offense(s) charged; and which establish, if true, every element of the offense(s) charged. CPL §§100.15[3]; 100.40[1][b] and [c].

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Criminal Contempt is a crime that generally brings both personal attention and significant scrutiny from Assistant District Attorneys and judges beyond what one would normally expect in a criminal prosecution. Its not that other criminal cases aren’t thoroughly reviewed, but the personal and often domestic component to a Criminal Contempt case forces prosecutors to dig deeper into allegations, protect an alleged victim and even cover themselves should something happen at a later date and it is deemed that at the time of the initial incident, the Assistant District Attorney did not properly handle the case. For all of these reasons and the often very serious nature of a Criminal Contempt case, the crimes in New York of Criminal Contempt in the Second Degree (New York Penal Law 215.50), Criminal Contempt in the First Degree (New York Penal Law 215.51) and Aggravated Criminal Contempt (New York Penal Law 215.52) are all “top shelf” crimes in the eyes of law enforcement and know less serious to defend in the hands of even the most experienced New York criminal lawyer.

Because of the varying degrees and crimes of Criminal Contempt, understanding your exposure should commit a Criminal Contempt crime is important. Second Degree Contempt, NY PL 215.50, is an “A” misdemeanor with a punishment that can be as great as one year in a local (county) jail. First Degree Contempt, NY PL 215.51, is an “E” felony punishable by as much as four years in prison. Aggravated Criminal Contempt, NY PL 215.52, is a “D” felony carrying a sentence of as long as seven years behind bars.

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