New York Criminal Lawyer Blog

May 20, 2010

Promoting Gambling in NY (NY PL 225.05 & 225.10): Who Can be Charged with New York Penal Law 225.05 and 225.10

In the first entry in the New York Gambling Crimes series, I addressed the crime of Promoting Gambling in New York (Manhattan, Brooklyn, Queens, Bronx, Westchester or any other County in New York State) as well as the dry, yet important, definitions underlying this and other gambling statutes. Today’s entry addresses some cases that will help you further understand this offense and understand Promoting Gambling and related crimes from the perspective of a New York criminal defense attorney. More specifically, this entry will address who can be charged with Promoting Gambling pursuant to New York Penal Law sections 225.05 and 225.10.

To start things off, one cannot be charged with the crime of Promoting Gambling if one is merely a participant in that gambling. The Court of Appeals, New York’s highest court, recently affirmed that position in the Matter of Victor M., 9 N.Y.3d 84, 845 N.Y.S.2d 771, 876 N.E.2d 1187 (2007). In that case, the Court found that a player in a game of dice (it could have been any other game for the purpose of this conclusion) could not be charged with this offense because merely as a player, that person did not advance or profit from the unlawful gambling activity. One has to look no further than New York Penal Law 225.00(4) and (5) for corroboration in the statute itself to support the Court of Appeals’ determination. Keep in mind, that the terms “advance” and “profit” are both specifically defined in the statute.

May 17, 2010

New York Criminal Defense & Grand Larceny Resource Page: Education is a Cornerstone to Any Criminal Defense

by Jeremy Saland

The New York criminal defense attorneys at Saland Law PC are pleased to announce that we recently expanded the New York White Collar Crime section of our website. While each case requires its own analysis and the information on the website and blog should not be used as advice, the New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC view the detailed New York Grand Larceny section and accompanying blog as a top source for information on New York theft and larceny crimes. Whether you are investigated or arrested in Manhattan for Grand Larceny by Embezzlement, Brooklyn for Grand Larceny by Extortion, Westchester for Grand Larceny of a Credit Card or Debit Card, the Bronx for Grand Larceny of a Vehicle, Queens for Grand Larceny of a Firearm or any other form of Grand Larceny (NY PL 155.30, 155.35, 155.40 or 155.42) in New York, the information contained in these sections are for your review. Certainly one’s best defense to a charge of Grand Larceny is never getting involved in the crime in the first place, but educating one’s self on the law of Grand Larceny so one can understand the nuances, degrees and punishment for the crime is also invaluable.

If you have been accused of or are being investigated for Grand Larceny anywhere in New York City or the metropolitan area, please review the New York Grand Larceny section found under the White Collar Crime topic area of Saland Law PC’s website at new-york-lawyers.org. Additionally, please review NewYorkCriminalLawyerblog.Com and search for Grand Larceny or review the NY Theft Offense, NY White Collar Crime and the NY Fraud Related Offenses sections of the blog. For further information on the types of Grand Larceny cases handled by Saland Law PC and the Grand Larceny results, please review the Case Results section of the website.

May 13, 2010

Queens DA: $3 Million Mortgage Fraud Scheme Nets 17 Arrests Including 2 Attorneys

by Jeremy Saland

Manhattan, home to Wall Street and other global institutions, has always viewed itself as the center of the financial universe in terms of growth, management and even fraud. Once again, however, the Queens County District Attorney’s Office may have taken a larger share of the “fraud pie.” According to the Queens District Attorney’s Office press release, 17 people, including two attorneys, have been arrested in a Mortgage Fraud and Grand Larceny scheme were 26 residential properties, valued at nearly $13 million, were used to defraud legitimate homeowners and lending institutions out of $3 million.

According to District Attorney Brown:

May 12, 2010

No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring

by Jeremy Saland

To the likely chagrin of the hard partying summer Hamptons crowd, Suffolk County District Attorney Thomas Spota is already cracking down on the “fun” before the season has even started. District Attorney Spota has announced that twenty people have been arrested in a heroin ring in and around the East End of Suffolk County. It is alleged that as much as 2500 bags of heroin with a street value of $40,000 were being sold each week since the investigation began in October. Reports indicate that the bust was one of or the largest heroin drug rings ever taken down in the area. It is alleged that the crew made over two million dollars a year peddling heroin with names including “google,” “black ice,” “quicksand” and “privilege.”

According to law enforcement and local reports, 40 bags of heroin, 5.6 ounces of crack cocaine and more than $70,000 in cash was recovered from the home of Shawn Badgett when police executed a search warrant. Compounding matters, it is alleged at the time of the execution, Mr. Badgett was displaying his best Martha Stewart and Rachael Ray. However, instead of cooking a delectable treat, it is alleged that he was cooking cocaine.

May 11, 2010

NY Post: NYPD Lab Technician Suspended for Potential Improper Testing of Drugs in NY Criminal Cases

by Jeremy Saland

According to the New York Post, Manhattan District Attorney, Cyrus Vance, Jr. and his fellow chief prosecutors throughout New York City may have a problem on their hands. Mariem Megalla, an NYPD civilian lab technician, has been suspended by the NYPD from her job testing drugs and narcotics recovered by the police. Technicians such as Ms. Megalla are relied on by prosecutors from all of the New York City offices in pursuing criminal charges against those who possess or sell drugs and other controlled substances. Only time will tell whether the investigation reveals that Ms. Megalla did no wrong, was sloppy or perpetrated an intentional fraud. Having said that, one thing is certain. Right now, if the New York Post story is accurate, there could be numerous people charged with possessing or selling drugs in New York who should be contacting their criminal defense attorneys to ascertain whether or not Ms. Megalla tested the alleged controlled substances in their criminal cases.

May 10, 2010

New York Insurance Fraud, Grand Larceny & Your Criminal Defense: Does the Acquittal of One Charge Require the Acquittal of the Other?

by Jeremy Saland

With the search by New York State to find money to plug the budget gap, prosecutors are continuing to come down hard on New York white collar crimes where restitution or asset forfeiture may be part of a disposition. Two sets of crimes, New York Insurance Fraud (Article 176 of the NY Penal Law and New York Grand Larceny (Article 155 of the NY Penal Law, are two such crimes. In fact, often times when one is investigated, arrested or indicted for Insurance Fraud in New York, the crime of Grand Larceny is an integral part of that investigation, arrest or indictment.

While I will not address the definitions of each of these crimes (extensive information on Grand Larceny in New York and Insurance Fraud in New York can be found through the respective links), an interesting question is as follows: If you are charged with both crimes, but ultimately you are acquitted of one of those crimes, can you still be convicted of the other or is it legally “repugnant” and invalid?

May 6, 2010

Former Giants Linebacker Lawrence “LT” Taylor Arrested for Rape: Potential Charges & Punishment

by Jeremy Saland

Former New York Giant Linebacker, Lawrence Taylor (L.T.), was arrested in Ramapo, New York after he allegedly raped a fifteen year old girl at a Holiday Inn. Although the allegations are slowly coming out, it appears that Taylor will be charged with Rape in the Third Degree (New York Penal Law section 130.25). Rape in the Third Degree is an “E” felony punishable by up to four years in prison. Beyond the potential sentence, however, is the additional issue of registering as a sex offender.

Based on the alleged facts that are available now, the basis of the rape charge is due to the age of the alleged victim. New York Penal Law 130.25(2) makes it a crime for an individual twenty one years or older to have sexual intercourse with another individual under seventeen.

May 5, 2010

Making Graffiti (NY PL 145.60), Possession of Graffiti Instruments (NY PL 145.65) & Your Criminal Defense: Does it Matter Under New York Law if You Did Not Intend to Damage Any Property or it in Fact was not Damaged?

by Jeremy Saland

If you have ever been arrested for Making Graffiti (New York Penal Law 145.60) or Possession of Graffiti Instruments (New York Penal Law 145.65) in Manhattan, Brooklyn, Queens or anywhere in New York City, you know that the Graffiti / Vandal Squad detectives are aggressive in their pursuit of alleged offenders. The bottom line is that Making Graffiti and Possession of Graffiti instruments is a serious offense in the eyes of law enforcement. If the damage is significant, prosecutors may seek restitution in addition to whatever the disposition might be.

Often times, the gravity of the alleged damage is tied to the ultimate deal in the case. This assumes, of course, that you have explored with your New York criminal defense attorney whether or not the prosecution can prove the case beyond a reasonable doubt or whether there are any legal, factual or procedural defenses to the allegations. Regardless, the question addressed in this entry is clear. What if it was not your intent to cause the damage? What if you were expressing yourself through your art? In other words, is it a defense to the crimes of Making Graffiti and Possession of a Graffiti instrument if you did not have the intent to cause damage when you painted, etched, or drew on another person’s property, or in the alternative, that the property was not damaged?

May 1, 2010

Criminal Possession of Stolen Property: New York Penal Law Sections 165.40 Through 165.54: Associated Legal Presumptions & Defenses

by Jeremy Saland

Much like the New York Grand Larceny statutes, Criminal Possession of Stolen Property in New York ranges from a misdemeanor (NY PL 165.40) punishable by up to one year in jail (often associated with New York shoplifting and Desk Appearance Tickets throughout Manhattan, Brooklyn, Queens and the Bronx) to a felony punishable by up to 8 and 1/3 to 25 years in state prison. Before addressing the legal presumptions and defenses set forth in the penal law, I will briefly address each of the varying levels of Criminal Possession of Stolen Property solely as it relates to the value of the property.

Criminal Possession of Stolen Property in Fifth Degree – NY PL 165.40

April 28, 2010

Three Arrested for Allegedly Defrauding Department of Education & New York City Over Multiple Years

by Jeremy Saland

Manhattan District Attorney, Cyrus Vance, Jr. is flexing his new found muscles. While his predecessor, Robert Morgenthau, routinely tackled schemes into the multiple millions of dollars, District Attorney Vance is just beginning find his feet and to make a name for himself. Far from a “big money” splash, the chief prosecutor of New York County has still sent a very loud message to would be fraudsters who violate the government and public trust…don’t do it.

According to the Manhattan District Attorney’s Office press release, three individuals were arrested and indicted on multiple felonies for a $100,000 no show job as a custodian and a ticket payoff scheme.