Other Crimes

October 25, 2012

25 Defendants Arrested & Indicted in Queens Gambling Bust: DA Claims PinnacleSports.Com, JazzSports.Net, Wager4You.Com and PlayHera.Ag Violated Criminal Laws

Queens District Attorney Richard Brown has once again flexed his prosecutorial muscle and demonstrated that the epicenter of white collar crime may have shifted to one of New York’s outer boroughs. According to a press release, Queens prosecutors obtained an indictment charging Enterprise Corruption (one of New York’s most serious non-violent criminal charges), Money Laundering, Promoting Gambling and other felony offenses against alleged illegal gambling crews. According to prosecutors, the 25 men and women caught up in the sweep are not mere gamblers, but are involved in an international gambling conspiracy.

These new arrests are not the first time, nor likely the last, DA Brown has vigorously pursued illegal gambling operations. Netted in the alleged $50 million conspiracy are:

September 23, 2012

Batchuta the Tiger’s Playmate Arrested for Trespass: Insanity Defense for David Villalobos’ Bronx Zoo Escapade?

by Jeremy Saland

David Villalobos, the young man arrested for allegedly wanting to “become one” with a Bronx Zoo tiger, is far from the first New Yorker to commune so closely with nature. Antoine Yates, a/k/a, the “Tiger Man of Harlem,” has that distinct “honor.” In fact, as a prosecutor in the Manhattan District Attorney’s Office, I was the Assistant District Attorney that handled Mr. Yates’ case. Unlike Villalobos, Mr. Yates was indicted for numerous crimes including felony Reckless Endangerment in the First Degree (New York Penal Law 120.25). Ultimately, because Ming the tiger had free range inside a large sprawling apartment in a public housing complex where children, building employees and other residents were potentially accessible, Yates pleaded guilty to felony Reckless Endangerment. Now retired Supreme Court Justice Budd Goodman sentenced Yates to five years probation along with a few months on Rikers Island.

Despite the similarity in the apparent love of all things Animal Planet, Villalobos’ case is starkly different. That is, while his actions certainly imperiled his own health, children, police officers an other denizens of New York City were not potential prey. In fact, unlike an apartment where a housing employee may have access and enter the premises only to be surprised by a large feline (let’s not forget the cayman who took up residence outside the bathtub), Villalobos had to drop down approximately seventeen feet above to access the Bronx Zoo tiger den. Simply, Villalobos only endangered himself.

September 14, 2012

Arrested for Domestic Violence in New York: Understanding the Process, Crimes and Procedures

by Jeremy Saland

New York Domestic Violence crimes are some of the most serious offenses found anywhere in the criminal law (and rightfully so). Well beyond allegations of Assault, these crimes cover a wide spectrum of conduct. Regardless of the offense charged, the significance of a New York Domestic Violence arrest or accusations is evident in its handling by the branches of law enforcement. For example, the New York City Police Department (NYPD) has specially trained Domestic Violence officers that work in their respective precincts directly with those who are victims of Domestic Violence crimes. In the City’s District Attorney’s Offices (Manhattan, Brooklyn, Queens, etc.), prosecutors are either specially trained to manage Domestic Violence cases or they may be assigned to a Domestic Violence unit.

As important as it is for law enforcement to investigate, arrest and prosecute offenders of abuse, an allegation against a “family member” does not mean the believed crime actually occurred. As much as we are all quick to judge what we may read in the news and assume that an accused is a batterer of a spouse, child, etc., it is imperative to recognize one is innocent until proven otherwise. Regardless of the crime, sometimes it takes your wrongful arrest or a false accusation against a family member before this principle hits home.

August 2, 2012

Don’t Take That Picture!! Understanding NY PL 250.45 & Unlawful Surveillance

by Jeremy Saland

In its most common form, Unlawful Surveillance in New York City (or just about anywhere), usually rears its head as a building superintendent putting a camera in the bathroom or a store employee setting up a video recording system in an area where people change. Having said that, an arrest for Unlawful Surveillance need not be in such places. Even lesser conduct and video recording can result in a criminal charge. In fact, one has to look no further than the arrest of Adam Levinson, a urology professor at New York’s prestigious Mount Sinai Hospital’s school of medicine. It is alleged that Dr. Levinson used a pen camera to peak up strapphangers’ skirts that traveled the labyrinth of subway passages in New York’s subterranean underground. Although this was not a stationary video camera placed in a vent or disguised as a clock, Levinson’s alleged technique is no less criminal.

According to reports, Dr. Levinson was initially held on $15,000 bond (no, not the James variety even with an otherwise nifty spy camera). Because the accusation is that he was attempting to or actually taking pictures up women’s skirts, prosecutors are charging Dr. Levinson with the “E” felony offense of Unlawful Surveillance in the Second Degree. New York Penal Law 250.45(2) is committed when a person, for his (usually) or her own sexual arousal or for the sexual gratification of another, intentionally uses or installs (or allows the same) an imaging device. Further, that person must surreptitiously view or record his or her target dressing or undressing. Alternatively, this viewing or recording must be of the sexual or intimate parts of that person in a place and time when that person reasonably believes he or she is entitled to privacy. Lastly, the target or victim must either have no knowledge of the surveillance or not give consent.

July 9, 2012

Second Degree Harassment: What Can Happen to an NY PL 240.26 Charge When Your Initial Arrest was Unauthorized

by Jeremy Saland

While some New York criminal lawyers, prosecutors and judges use the term “fruit of the poisonous tree,” the wording is not nearly as important as the concept in criminal law. That is, if initial conduct by a police officer is unauthorized, for example, the recovery of contraband or property may not be used against the accused. On a similar note, if the police made an unlawful arrest and you refuse to be handcuffed during that unauthorized arrest, then the charge of Resisting Arrest, pursuant to New York Penal Law 205.30, is not sustainable (Keep in mind that such a determination is not always clear. Certainly, resisting at the time of your arrest because you believe that the arrest is unauthorized is not a smart thing to do!). This blog entry will deal with a similar variation of this theme while addressing the violation of Harassment in the Second Degree pursuant to New York Penal Law 240.26(1).

By way of background, and before addressing the legal decision on this topic, a person is guilty of Harassment in the Second Degree (NY PL 240.26) if and when that person has the intent to harass, annoy or alarm another person and, according to subsection one, that person strikes, shoves, kicks or subjects that other person to any physical contact. Further, attempting or threatening to do the same is sufficient to form the basis of Second Degree Harassment.

March 21, 2012

When Being the Village Idiot is a Crime: Alleged OWS Member, Jordan Amos, Dumps Human Waste in ATM Vestibule

by Jeremy Saland

Although it is not codified in the New York Penal Law, being a moron, putz or schmuck is arguably a damn serious offense and an epidemic plaguing many communities. If the allegations against Jordan Brooks Amos are true, then he should be thrilled that being an idiot is not a crime. According to the Web Crims, as well as many media outlets, Amos, a possible member of the 99% and Occupy Wall Street, really showed JP Morgan Chase who is boss. Well, at least he made some poor maintenance men and women who work at JP Morgan miserable and unhappy when he allegedly dumped a large bucket of urine and feces inside a ATM station in lower Manhattan. That’ll show the “fat cats,” Amos!

While I sometimes go off track with my blog, the purpose is not to comment on political groups, opinions or leaders. In my years as a Manhattan prosecutor and New York criminal defense attorney, I have certainly had the opportunity to form or articulate opinions. Here, however, I try to stick to the evidence (or lack thereof) and law. Whether Amos and his alleged cronies are members of #OWS or #IMAJERK is fairly irrelevant. If true, poring human waste in a place where regular working people go to access their money to pay bills and entry level or corporate employs go to work to support their families is just, well, stupid regardless of your political agenda.

March 4, 2012

New York Penal Law 205.30: Is Dismissal of Other Arrest Charges a Criminal Defense to Resisting Arrest

by Jeremy Saland

Sometimes Resisting Arrest, pursuant to New York Penal Law 205.30, is the top count or sole “A” misdemeanor crime charged in a criminal court complaint. Whether it is in New York County (Manhattan), Kings County (Brooklyn), Queens County, or Westchester County, an arrest for Resisting Arrest is certainly a charge worthy of concern. After all, NY PL 205.30, like any similarly situated crime, is punishable by a year in jail and a criminal record that will not be expunged. Sadly, just as serious and “real” these arrests may be (and they certainly can be), they are often added to lesser arrests or violations so that the police can hang a more serious crime over the head of the accused. Instead of merely charging you with Disorderly Conduct, when you pull you arm away or raise your hands as the police attempt to cuff you, law enforcement may decide to slap you with this sometimes bogus crime. Alternatively, where there is no legitimate offense to arrest you for, the police may accuse you of Resisting Arrest to validate and otherwise invalid arrest. Today I want to discuss a legal decision out of Kings County (Brooklyn) Criminal Court that centers around those times when Resisting Arrest is not a legally permissible charge. Whether or not this case is applicable to your defense, consult with your New York criminal lawyer.

In People v. Richard DeJesus, 2009-203 K CR, NYLJ 1202540313846, at *1 (App. Tm, 2nd, 11th and 13th NY, Decided January 20, 2012), the defendant was charged with Resisting Arrest (NY PL 205.30), Attempted Petit Larceny (NY PL 110.00/155.25), and Disorderly Conduct (NY PL 240.20[3]). On appeal, the defendant challenged the sufficiency of the accusatory instrument (the criminal court complaint) arguing that because the underlying crimes were not legitimate or sufficiently established, the Resisting Arrest charge must be dismissed. In plain English (not legalese) this means that the defendant challenged the initial document which laid out the charges at arraignment and which were the basis of the trial. An accusatory instrument has to allege “facts” (I use quotes because they are facts according to the police/prosecution) that could establish all the elements of each crime. An accusatory instrument alleging Resisting Arrest pursuant to PL 205.30 must state facts that if true, show that the defendant intentionally prevented or attempted to prevent the police officer form making an authorized arrest. Notice that the arrest must be “authorized,” or in other words it a lawful arrest.

February 28, 2012

New York Gambling Record Crimes: Must Prosecutors Allege in an NY PL 225.15 Complaint that You Did Not Possess the Records for Personal Use?

by Jeremy Saland

Depending on the facts and circumstances, gambling in New York, outside of Native American Reservations and the horse tracks, is an illegal enterprise. Unlike Las Vegas, gambling in New York City or elsewhere in the State of New York can land you in jail and the winner of a criminal record. New York is no stranger to organized gambling schemes, illegal “bookies” taking bets, or underground gambling enterprises. As a New York criminal lawyer representing clients in Manhattan, Queens, Westchester and the surrounding boroughs and counties, I know that while gambling offenses are not as common as many other crimes, prosecutors and police are constantly on the lookout for and target gambling offenders. Today I want to examine a recent Bronx County criminal case involving the violation of New York gambling laws: Possession of Gambling Records in the Second Degree, pursuant to New York Penal Law 225.15(2).

Under NY PL 225.15(2) a person is guilty of Possession of Gambling Records in the Second Degree when, with knowledge of the contents or nature thereof, he/she possesses any writing, paper, instrument or article of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise. Possession of Gambling Records is a class “A” misdemeanor, punishable by up to one year in jail and a fine. Remember, even without ever stepping into jail as a part of a sentence, Possession of Gambling Records is a crime that will stay on your permanent. Now, if the records are of the kind used in a bookmaking scheme or enterprise and total more than five thousand dollars the charge escalates to a much more dire case. That is, Possession of Gambling Records in the First Degree, pursuant to New York Penal Law 225.20, is a felony. While the misdemeanor variety of gambling crimes is punishable by up to one year in jail, the felony variety is punishable by up to one and one third to four years in state prison.

October 2, 2011

Occupy Wall Street: What Disorderly Conduct & Other Criminal Arrests Mean to a Protester’s Future

by Jeremy Saland

We can all agree to disagree on the merits, impact and value of Occupy Wall Street sit-ins, protests and mere presence in lower Manhattan. Whether protesters blocking the Brooklyn Bridge hurt the blue collar and regular working class person trying to get to and from work or their actions truly intensified the light on certain Wall Street practices is certainly up to debate. However, one thing we can all likely agree on is that any arrest, whether it be for Disorderly Conduct (NY PL 240.20), Resisting Arrest (NY PL 205.30) or Obstructing Governmental Administration (NY PL 190.05), can have serious impacts to the futures of those arrested years after they have left the streets of New York City behind. While a summons for Disorderly Conduct is probably the least of their concerns, Resisting Arrest and Obstruction of Governmental Administration are both misdemeanors. How Manhattan District Attorney Cyrus Vance decides what to do with these cases is yet to be seen, but the potential for these men and women to damage their futures is great.

Disorderly Conduct: New York Penal Law 240.20 Although not a precise legal definition, if you are disorderly and cause public inconvenience or alarm, obstruct the flow of traffic or act in a violent manner, the NYPD and prosecutors can charge you with Disorderly Conduct. Not a crime, a conviction for this offense would not give you a criminal record. What is concerning, however, is if you are printed for Disorderly Conduct or any crime and you ultimately plea to this violation, there is a real possibility that it will show up on future background checks. While a Disorderly Conduct seals (or should seal), there has been litigation over arrest charges and pleas to Disorderly Conduct showing up months and years after the cases are resolved. No New York criminal lawyer can tell you whether your case will properly seal or seal in a manner as to prevent the public from learning of your arrest charges. Regardless, before taking a plea to a violation of Disorderly Conduct have a long and in depth conversation with your counsel as to the ramifications and collateral consequences of such a plea.

February 20, 2011

Potential Fines in New York for Misdemeanor & Violation Convictions: New York Penal Law Section 80.05

by Jeremy Saland

Most experienced New York criminal lawyers will be able to tell you potential incarceratory punishments for felonies, misdemeanors and violations without hesitation. For example, in New York, an “E” felony is punishable by up to four years in state prison while and “A” misdemeanor is punishable by up to one year in a county or city jail (in New York City such as Manhattan or Brooklyn, county “time” is served on Rikers). Aside from a term of imprisonment, however, what are the potential fines associated with pleas or convictions for particular crimes? This entry will address those fines that may be levied for misdemeanor and violation convictions as set forth pursuant to New York Penal Law section 80.05. Fines for Class A Misdemeanors Convictions in New York

For class “A” misdemeanors, the highest misdemeanor degree, a court can fine a defendant in an amount not to exceed one thousand dollars ($1,000.00). Although limited to violations of section 215.80 of the New York Penal Law, the court may impose a fine double the value or amount of the property that was disposed of by the defendant in an unlawful manner.