Joseph Gullotta, a Queens fourth grade elementary school teacher, and Abraham Fox, a teachers assistant, were arrested and arraigned in Queens County Criminal Court after it was alleged that the two adults encouraged and permitted a nine year old and ten year old to engage in a physical confrontation. Both men are charged with two counts of New York Penal Law 260.10(1), Endangering the Welfare of a Child.
According to the Queens County District Attorney Richard Brown:
The pertinent part of New York Penal Law sections 170.05 & 170.10, Forgery in the Third and Second Degree, plainly states that one is guilty of Forgery when with intent to defraud, deceive or injure another, a person falsely makes, completes or alters a written instrument.
Depending on what a person forges, the level or degree of the offense may be elevated from a misdemeanor to a “D” or even a “C” felony. For example, if the item forged is deed, will or instrument created by the government, the crime can go from an “A” misdemeanor punishable by up to one year in county jail (Rikers) to a “D” felony punishable by up to seven years in state prison. Moreover, if one counterfeits United States currency, the crime can be bumped up further to a “C” felony pursuant to New York Penal Law 170.15 and is punishable by up to 15 years prison. Well, what about knock off handbags, clothing or other items? Assuming the buyer is not knowingly buying a fake handbag (so, forget the shoppers seeking out “deals” on Canal Street) and the person selling the handbag or other property is presenting it as the authentic product with the intent to defraud the buyer, can the seller be charged with Forgery for making the knockoff handbag or Criminal Possession of a Forged Instrument for possessing the same?
Tensy May Smith, a letter carrier for the postal service who has worked in the town of Pound Ridge (Westchester County), was arrested earlier today in a joint investigation by the Pound Ridge Police Department and the United States Postal Inspection Service.
After receiving numerous complaints of people losing debit cards, gift cards and other items of value, law enforcement set up a sting and executed a search warrant Ms. Smith’s home. According to reports, the police allegedly recovered approximately $70,000 worth of stolen property belonging to residents along Ms. Smith’s delivery route. Moreover, law enforcement caught Ms. Smith “red handed,” when she allegedly was found trying to steal from the mail under the watchful eye of Postal Inspectors and local police.
A die-hard Mets fan and employee at old Shea stadium, Gerald Tacopino, pleaded guilty today in Queens Criminal Court for the misdemeanor crime of Petit Larceny. When sentenced, Mr. Tacopino was fined $500 and paid just over $800 in restitution. Mr. Tacopino was previously arrested after a search warrant at his residence revealed Mr. Tacopino had stolen 23 Mets security caps, three Mets security jackets, five Mets security shirts, three seat bottoms and one seat back.
District Attorney Brown clearly meant business when he stated:
What only can be describe as a horrific act if true, a Queens woman is under arrest after she was accused of submerging her three year old son in scalding water. According to the Queens County District Attorney’s Office, Regina Cooper came home to find her son had soiled his diaper. Ms. Cooper allegedly became enraged that the child was not successful in his “potty training” and began swearing at the child and stripping off his clothes. Shortly thereafter, prosecutors claim that the little boy was forced into the scalding water of a bathtub.
District Attorney Richard Brown stated in a press release:
According to the Westchester County District Attorney’s Office, Yves Archin, a home health aide working for a 79 year old woman who recently passed away, was arrested by Ardsley (Westchester County) detectives. It is alleged that Ms. Arching perpetrated Identity Theft and other crimes on an unwitting woman under her care who had suffered from a stroke. According to news sources, Ms. Archin not only used the now deceased woman’s credit cards, but opened up fraudulent accounts using her personal information. As a result, it is alleged that Ms. Archin charged approximately $59,000 at stores including Neiman Marcus, Bloomingdales and Target.
According to various news websites, the defendant is charged with Identity Theft in the First Degree (NY PL 190.80). Moreover, Ms. Archin is charged with Grand Larceny in the Second Degree (NY 155.40) for the aggregation of her alleged thefts that exceeded $50,000 and Scheme to Defraud in the First Degree (NY PL 190.65(1)(c). Grand Larceny in the Second Degree is a “C” felony punishable by up to 5 to 15 years in state prison. Identity Theft in the First Degree is a “D” felony punishable by up to 2 and 2/3 to 7 years in state prison while Scheme to Defraud is an “E” felony punishable by up to 1 and 1/3 to 4 years in state prison.
Regardless of the crime or crimes you are charged with in New York County (Manhattan), the arrest process or a desk appearance ticket (DAT) will ultimately land you along with your criminal defense attorney at 100 Centre Street…the nexus of all criminal prosecutions in Manhattan. 100 Centre Street is where you will be taken from a precinct or Central Booking for your arraignment before a Manhattan criminal court judge (on certain occasions a case is arraigned in the Midtown Community Court). If your criminal defense lawyer is unable to resolve your case at your arraignment, whether you are initially charged with a misdemeanor or a felony, 100 Centre Street is where you will return for the immediate future for court appearances.
Elizabeth Crotty and Jeremy Saland, the founding partners at Saland Law PC, have walked the halls of 100 Centre Street and 1 Hogan Place (the District Attorney’s Office that is attached to the courts) for nearly a combined 20 years as Assistant District Attorneys in Manhattan under Robert Morgenthau and as criminal defense attorneys in New York City. Our experience as prosecutors and criminal defense attorneys has given us a unique perspective having seen and worked in the criminal justice system from both sides. Although we can’t share everything in a blog entry, here are some important things you need to know if you are arrested, issued a desk appearance ticket (DAT) or waiting for an arraignment in Manhattan’s 100 Centre Street:
It is fairly common in the courts throughout New York City (Manhattan, Brooklyn, Queens and the Bronx) for criminal defense attorneys to represent clients charged with Resisting Arrest, pursuant to NY Penal Law 205.30. While it certainly can be a legitimate charge, very often the police will add this charge on top of the original offense if a defendant merely “resists” by backing away, swinging his or her arms up and not complying with an officers demands. Do not be mistaken that the law in NY requires a fist fight or shoving to satisfy the elements of Resisting Arrest. No physical violence or injury is necessary.
According to Penal Law 205.30:
According to the Queens County District Attorney’s Office, Ron Scott, a Long Island contractor and the owner of US Builder NYC and a representative of Phoenix International Construction Company, is alleged to have defrauded a 74 woman out of $140,000. Mr. Scott is charged on a criminal court complaint with Grand Larceny in the Second Degree (NY PL 155.40), Criminal Possession of Stolen Property in the Second Degree (NY PL 165.52) and a violation of the New York State Lien Law. Each of the theft related charges are “C” felonies punishable by a maximum of 5 to 15 years in state prison and are associated with the theft or possession of stolen property valued in excess of $50,000, but $1,000,000 or less.
According to the District Attorney’s Office press release, Mr. Scott was paid this money in both a personal check and bank check after he contracted to build an addition on the home of a Queens woman. It is alleged that the woman paid Mr. Scott this money nearly two years ago and that once deposited, the money was used by Mr. Scott to pay old debts. To date, the work has not been completed.
Saland Law PC, a Manhattan based white collar criminal defense firm representing clients throughout the New York City region, is pleased to announce another tremendous result for a client in the arena of fraud and theft allegations. Our client, charged on two separate dockets, allegedly defrauded approximately $35,000 from one individual and approximately $35,000 from a second individual. Prosecutors charged our client with twenty-five felonies in the two criminal court complaints including Grand Larceny in the Third Degree (NY PL 155.35), Forgery in the Second Degree (NY PL 170.10), Criminal Possession of a Forged Instrument in the Second Degree (NY PL 170.25) and Identity Theft in the First Degree (NY PL 190.80). Prosecutors alleged that our client stole these monies through drafting checks without permission and using credit cards, including a corporate business card, without authority to do so. Despite the large value of the alleged theft, approximately $70,000 between two people, Saland Law PC attacked the veracity of one of the complainants as well the length of time between the incident and the reporting of the theft. Moreover, investigation revealed that this complainant may have been trying to “hide” money from his spouse. After further investigation and challenging the prosecution regarding their ability to prove the $35,000 theft beyond a reasonable doubt, prosecutors dismissed all of the charges. Although we were not as successful with the second felony case as we were with the first case, Saland Law PC negotiated a tremendous disposition on the second matter as well. In the second case, prosecutors agreed to a misdemeanor plea for Petit Larceny (the “shoplifting” statute) as well as Criminal Possession of Stolen Property. Although the complainant and prosecutors presented us with documentation for a significant portion of the $35,000 as well as a signed stipulation by our client that she in fact owed these monies, we successfully argued that despite the admission and documentation, the facts of the case would establish that the complainant was not being forthright. Even if true, the value of the alleged loss was exaggerated and our client signed the agreement under duress. Fortunately, through our investigation and diligence, we were able to corroborate our position thereby weakening the ability of the prosecution to prove the theft and the loss amount beyond a reasonable doubt. After all of our efforts working with our client for over a year to avoid a felony or jail, the court sentenced our client on the misdemeanor plea to three years of probation (no jail) and $20,000 in total restitution. As this client learned, each case is unique and requires its own analysis and defense. Whether it takes one month or one year, some felony fraud cases can be negotiated to a lesser offense while others ultimately may not. Furthermore, some cases may require a trial to prove one’s innocence where a real risk may be present of a conviction and accompanying jail. Whatever result you are seeking and whether or not it is actually attainable, it is imperative that your counsel be a knowledgeable and a zealous advocate who keeps you informed throughout the process as it unfolds.
New York Criminal Lawyer Blog