Info
Featured In
Media Badges

by

Any crime or offense in New York where violence is perceived or carried out is a serious offense. Experienced New York criminal defense lawyers who handle violent felonies and misdemeanors often represent clients in Criminal Possession of a Weapon and Assault cases. Not seen as often, but potentially as serious, is the crime of Stalking. Briefly, Stalking in New York ranges from a “B” misdemeanor (New York Penal Law 120.45) punishable by up to 90 days jail to a “D” felony (New York Penal Law 120.60) punishable by up to seven years in prison. Between these two crimes are Stalking in the Third Degree (New York Penal Law 120.50) and Stalking in the Second Degree (New York Penal Law 120.55). The following entry will define and address Stalking in the Fourth Degree as it relates to “reasonable fear.” Although addressing “reasonable fear” in the context of Stalking in the Fourth Degree, this entry is relevant to the other degrees as well.

Generally, one is guilty of Stalking in the Fourth Degree when one intentionally and without a legitimate purpose, engages in a course of conduct directed towards an individual person and knows, or reasonably should know, that his or her actions:

Continue reading

by

Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Stephanie Brown, a rare coin expert (numismatist) broker and dealer, on 83 charges including Burglary in the Second Degree, Grand Larceny in the Second Degree, Scheme to Defraud in the First Degree and Forgery in the Second Degree. It is alleged that after Ms. Brown duped a mother-daughter pair into investing $1 million dollars into gold and silver coins during a three year period. Ms. Brown, an Arizona native, allegedly came to New York and stole $430,000 worth of those coins back from the pair after they allowed Ms. Brown to come to their apartment.

According to the Manhattan District Attorney’s Office, since 2007, Ms. Brown, at one time an an independent broker for ITM Trading, Inc “made numerous misrepresentations and omissions in order to induce the mother and daughter to purchase coins. For example, [Ms. Brown] advised both mother and daughter to liquidate all financial investments they held and to invest their life’s savings in gold coins.”

Continue reading

by

The New York criminal defense attorneys at Saland Law PC have created an “information page” for those people charged with or seeking information on the crime of Criminal Mischief in New York. Not merely a regurgitation of New York Penal Law sections 140.00, 145.05, 145.10 or 145.12, the resource page is a starting point to educate yourself about this crime. While the page is no substitute for an in depth review of your particular facts with an experienced New York criminal lawyer, this tool does discuss potential areas where you may find your defense.

Generally, Criminal Mischief in the Fourth Degree (NY Penal Law 145.00), a relatively common misdemeanor involving the damaging of another person’s property, is the basis of all of the other felony crimes involving Criminal Mischief. From Manhattan to Queens and Brooklyn to Westchester County, the crime of Criminal Mischief involves the same premise. That is, if you intentionally damage another person’s property, regardless of how significant, you can be charged with a crime. The misdemeanor offense even permits a reckless damaging to be the basis of this charge. What bumps the crime up to a felony is the amount of the damage. Once the damage exceeds $250 and $5,000, the crime becomes an “E” and “D” felony respectively.

Continue reading

by

According to Manhattan District Attorney Cyrus Vance, Jr., this Medicaid bust may be just the tip of the prescription pad iceberg and that more arrests in other investigations are coming. Prosecutors allege that Patrick Alcindor, a pharmacist with Procare Pharmacy, located at 1728 Amsterdam Ave. in Washington Heights, over-billed Medicaid for more than $1.8 million between April 2009 and March 2010. In fact, prosecutors claim that during this sting operation, an undercover police officer gave Mr. Alcindor written prescriptions to be filled, but the undercover police officer got a fist full of dollars in instead. These prescriptions included medications such as Reyataz, Truvada, Prezista, Procrit, and Zyprexa. Instead of dispensing this medication, Mr. Alcindor allegedly dispensed cash to the undercover police officer as part of Mr. Alcindor’s alleged scheme to swindle Medicaid. Mr. Alcindor would then bill Medicaid as if he really filled the prescription for the drugs. It is claimed by law enforcement that another pharmacy worker was in on the scheme.

Mr. Alcindor is currently charged with numerous counts of Grand Larceny including Grand Larceny in the First Degree. Additionally, the indictment charged Mr. Alcindor with Criminal Diversion of Prescription Medication in the Fourth Degree. For whatever reason, prosecutors chose not to charge Mr. Alcindor with the crimes of Forgery, Criminal Possession of a Forged Instrument and Falsifying Business Records for his alleged conduct in completing and filing false documentation to obtain the money from Medicaid.

Continue reading

by

Although it sounded horrific on paper, the New York criminal defense lawyers at Saland Law PC arguably obtained the best result for a client charged with Criminal Possession of a Weapon (a .380 handgun), Criminal Possession of a Controlled Substance (cocaine), Unlawful Possession of Marijuana and Driving with a Suspended License. Despite the allegations, our client pleaded to the violation of Disorderly Conduct. This disposition avoided not only a criminal record, but jail or probation.

Our client, a resident of North Carolina, came to New York to visit family. Unaware of the laws here, the client brought a legally registered firearm from his home state into New York. When he was pulled over for an alleged traffic infraction, the police also found some marijuana and cocaine on his person in an amount consistent with personal use. Compounding matters, our client was driving on a suspended license for old tickets he was unaware about.

Continue reading

by

Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, is pleased to announce the completion of the Burglary (NY Penal Law 140.20, 140.25 and 140.30) and Robbery (New York Penal Law 160.05, 160.10 and 160.15) information pages. Although no substitute for an in depth legal and factual discussion with your New York criminal defense attorney, the Burglary and Robbery pages contain significant information to begin your education into these crimes.

Burglary and Robbery are the two crimes that people often confuse. Generally, Burglary involves the unlawful entering of a building with the intent to commit a crime. Usually, this crime is a theft. Robbery, on the other hand, is a forcible stealing from an individual. Each of these crimes have numerous “escalation factors” including whether there was more than one person involved in the crime, whether there were any weapons involved and whether a non participant was injured.

Continue reading

by

In the decade or more that I have been involved in the criminal justice system as a criminal defense attorney and Manhattan prosecutor, I have heard some real doozies from people attempting to get out of jury duty. This passion to get out of jury duty is rarely, if ever, matched by those willing to put their own lives to the side to serve as jurors. Yet, a woman in Staten Island clearly has bucked that trend. In fact, she was arrested earlier today and is awaiting arraignment for desperately trying to get on jury duty (well, sort of…).

According to the New York Post, police arrested Rebecca Thybulle after she missed eight days of work at her government job. Wanting to take some time off, it is alleged that she created a jury summons as well as proof of jury service for her employer in order to answer for her eight day absence. It is alleged that Ms.Thybulle went as far as to tell her boss that she was on a vehicular homicide case. As happy as her fellow New Yorkers may have been to hear she enthusiastically embraced her civic duty, it is alleged that her boss found evidence of the forged summons and proof of jury service on Ms. Thybulle’s desk. With a slight twist of irony, Ms. Thybulle may be sitting for jurors, but not for jury duty. Instead, she may be sitting to pick jurors to hear her case and the two counts of Forgery in the Second Degree she now faces. If convicted, Ms. Thybulle is looking at up to seven years in prison on each count (it would likely run concurrent).

Continue reading

by

As a New York shoplifting criminal defense attorney and former Manhattan prosecutor, I have encountered almost every form of shoplifting (New York Penal Law 155.25 – Petit Larceny and New York Penal Law 165.40 – Criminal Possession of Stolen Property). Whether the accused is arrested and issued a shoplifting Desk Appearance Ticket or put through the system, the way it unfolds is often the same. While I have blogged extensively on New York shoplifting laws, this entry will address potential offers made by prosecutors in the Manhattan District Attorney’s Office for shoplifting crimes. The overriding factor, beyond whether one has a record, is the value of the property stolen. The following is a list of common offers for first time offenders. However, it is critical to note that offer guiltiness change.

Shoplifting for Approximately $100 or Less

Continue reading

by

The New York white collar criminal defense attorneys at Saland Law PC are pleased to announce that another client avoided both a felony conviction and incarceration after being charged with numerous felonies involving theft and fraud. Prosecutors had alleged that our client embezzled in excess of $32,000 from our client’s employer. If convicted of the crimes of Grand Larceny in the Third Degree (NY PL 155.35) and Falsifying Business Records in the First Degree (NY PL 175.10), our client faced up to seven and four years in state prison respectively.

In this particular case, prosecutors alleged that our client siphoned cash payments directed to the employer and that our client entered false data or caused inaccurate data to be entered into the computer system of the business to cover up the alleged fraud. After negotiations and the presentation of other factors, prosecutors permitted our client to plea to a lesser misdemeanor of Petit Larceny (the “shoplifting statute”) and receive a conditional discharge where the judge instructed our client to stay out of trouble for one year. Although our client admitted to some wrongdoing, he was not crippled by his past and he will avoid the collateral consequences and stigma of a felony conviction as well as incarceration.

Continue reading

by

I previously addressed New York’s Leandra’s Law as it relates to new offenses and crimes in the realm of Driving While Intoxicated (DWI / DUI) pursuant to New York Vehicle and Traffic Law section 1192. The two major changes to the law are that is now an automatic felony to perpetrate a DWI with a child fifteen years old or younger in the vehicle (VTL 1192.2-a(b) / 1192(2a)(b)) and if one is convicted of DWI one must install an ignition interlock device in one’s vehicle. Both of these laws have been addressed in earlier entries. Information can be found through the respective links.

This entry will address the new statutes and crimes established by the legislature in New York for those accused of disobeying the new ignition interlock device laws. Each of the following DWI crimes relating to the circumvention of an ignition interlock device in New York are “A” misdemeanors.

Continue reading

Contact Information
274 Madison Ave #1401
New York, NY 10016
Office: 212.312.7129Fax: 212.918.9375
By appointment only
50 Main St #1000
White Plains, NY 10606
By appointment only
254 S Main St #500
New City, NY 10956
ATTORNEY ADVERTISING - Prior results do not guarantee a similar outcome

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Saland Law PC
JUSTIA Law Firm Blog Design