New York Criminal Lawyer Blog

January 15, 2009

An Online Virginity Auction or Plain Old Prostitution: A NY Criminal Defense Attorney’s Analysis of Natalie Dylan’s Offer

As NY criminal defense attorneys and former Manhattan prosecutors, my partner and I at Saland Law PC have seen a whole lot of “interesting things.” Usually, with a little research and effort, we can find the answer to the vast majority of issues and questions we are confronted with. However, the analysis of Natalie Dylan’s auctioning of her virginity is definitely the first time (and I guess last and only for her) I have ever come across something like this. So, the question that stands out is whether this is Prostitution and Escorting in “sheep’s clothing” or a legal and fine “transaction?”

As I have explained before, Prostitution occurs if you engage or agree or offer to engage in sexual conduct with another person in return for a fee. What complicates this matter is that obviously Ms. Dylan is not in NY so the laws of her state are different. But, what about the person who makes an offer or has an acceptable bid (I’m guessing it will take at least $3.5 million dollars, a toyota prius, a bag of Snyder’s Pretzels and a romantic dinner date with Larry Flynt)? Is that person guilty of Patronizing a Prostitute? One is guilty in NY of Patronizing a Prostitute when, among other things, he solicits, offers, or agrees to have sexual conduct with another person in exchange for a fee.

January 14, 2009

Heller and NY: A Valid Defense for Criminal Possession of a Weapon (Firearm, Gun or Pistol)?

by Jeremy Saland

Despite a criminal defense attorney’s best efforts, a Brooklyn State Supreme Court Justice ruled in a decision published yesterday that the United States Supreme Court’s decision in the District of Columbia v. Heller does not prevent New York State from regulating guns, pistols and firearms within its boundaries.

Defendant, Albi Abdullah, was arrested and charged with Criminal Possession of a Weapon in the Fourth Degree pursuant to Penal Law 265.01(1). The defendant had been arrested after police found him violation of an order of protection. When asked whether he had any weapons, the defendant admitted that he had a gun in a kitchen cabinet. The police then located an unloaded .25 caliber handgun.

January 10, 2009

Orders of Protection and Restraining Orders: A Valid Criminal Defense if the Criminal Case Occurs After a Family Court Disposition

by Jeremy Saland

Generally, one violates an order of protection and is guilty of Criminal Contempt if one fails to abide by the regulations set forth in the order of protection / restraining order. Unfortunately, as the NY criminal defense attorneys and former domestic violence prosecutors at Saland Law PC, can tell you, there are often countless issues that come to the forefront in these cases that require a skilled attorney to resolve. One interesting issue that arises is whether a prior finding of guilt in Family Court for violating an order protection precludes a criminal prosecution for Criminal Contempt on the same matter. In other words, does double jeopardy apply?

The general answer to this question was answered by the Court of Appeals in People v. Wood, 95 NY2d 509 (2000). In that matter, the defendant made phone calls and harassed the complainant in violation of both a Family Court and Criminal Court order of protection. The offense before both courts related to the same conduct. The Court of Appeals held that the finding of contempt in Family Court triggered double jeopardy protections because that finding of contempt, although not criminal, is punitive in nature. Therefore, the prosecution was prevented from commencing a criminal action for Criminal Contempt under the same set of facts for the same set of circumstances.

January 6, 2009

Deutsche Bank Scam: NY Contractor Indicted for Grand Larceny

by Jeremy Saland

You don’t have to stick up a bank to steal over a million dollars. Well, at least that is what the Manhattan District Attorney’s Office is alleging in an indictment for Grand Larceny that was handed down against Robert Chiarappa. Mr. Chiarappa, along with his criminal defense attorney, was scheduled to be arraigned in NY County Supreme Court on the Grand Larceny charges today.

According to the Manhattan District Attorney’s Office, Mr. Chiarappa was the purchasing agent for the John Galt Corporation and is alleged to have stolen $1.2 million from the Lower Manhattan Development Corporation and Arch Insurance Group in connection to the abatement and deconstruction of the Deutsche Bank building.

January 5, 2009

NY Crane Operator Indicted for Manhattan Accident: Criminal Charges Include Manslaughter, Criminally Negligent Homicide, Assault & Reckless Endangerment

by Jeremy Saland

The Manhattan District Attorney’s Office announced the indictment of William Rapetti, a tower crane rigger and owner of a company that does the same, on charges including Manslaughter, Criminally Negligent Homicide, Assault and Reckless Endangerment. Mr. Rapetti’s criminal defense attorney has his work cut out. If Mr. Rapetti is convicted of the crimes that resulted in the death of seven individuals he faces up to one year in jail on the least significant crime of Reckless Endangerment and up to 15 years in state prison on the most serious crime of Manslaughter. Mr. Rappetti, along with his criminal defense attorney, was in NY County Supreme Court earlier today for his arraignment on these charges.

The Manhattan District Attorney’s Office is not alleging that Mr. Rapetti intentionally killed these individuals as he is not charged with Murder. Instead, it appears that based on the charges the prosecutions theory was that Mr. Rapetti was both negligent and reckless. Although the prosecution must always prove their case beyond a reasonable doubt and has the sole burden to do so, a reckless and negligent offense does not require any showing that the defendant tried to or sought to hurt or kill the victims of the crimes. According to the press release, prosecutors believe Mr. Rapettti clearly was negligent. The press release indicates that:

January 3, 2009

NYPD: NYC Crime Down, But a Spike in Homicides and Robberies

by Jeremy Saland

If you have just been arrested for Shoplifting, Forgery or Gun, Knife or Weapon Possession, it may not be comforting at all to you to know that there is a downward trend in crime. According to a recent report on crime in New York City (Manhattan, Brooklyn, Bronx, Queens and Staten Island) by CompStat, overall crime has fallen by 3.4 percent in 2008. The Compstat program tracks criminal activity for New York City as an arm of the NYPD. A closer look at the numbers reveals that while Homicides and Robberies are on the rise (there were 26 more Homicides and approximately 500 more Robberies when compared to 2007), other crimes have dropped.

While a general decrease in crimes is a great thing for all of us and our families, statistics are merely statistics and need to be examined. For example, are precincts under reporting certain “quality of life crimes” by classifying them or calling them something different than what they are? For example, without discussing the differences in the crimes, could there be a decrease in Petit Larceny offenses because the police are charging Criminal Possession of Stolen Property instead? In the alternative, have the police wanted to look as if they are tougher on crime by overcharging certain offenses. Is that Robbery really a Grand Larceny from the person (a similar offense to Robbery, but without the force). Again, there is no legitimate argument to be made in opposition to a decrease in crime, but is always important to question and examine the statistics and how they were gathered, assessed and formulated.

December 30, 2008

Arrested for Shoplifting in New York: Criminal Defense, Potential Criminal Charges & Consequences

by Jeremy Saland

Your criminal defense attorney or lawyer has heard the charges before…Petit Larceny (NY PL 155.25)…Criminal Possession of Stolen Property (NY PL 165.40)…Grand Larceny (NY PL 155.30)…Yes, even Burglary (NY PL 140.20). Unfortunately, you where caught shoplifting a sweater from Bloomingdales in Manhattan or pair of shoes from Macys in Brooklyn. Security stops you on the way out and confiscates the property from you. You tell them you will never do it again if they let you go (oops…you may have just unwittingly made an admission!!!). The next thing you know you are given a notice telling you your right to be in that particular store is revoked and that there is a civil fine you must pay. If that wasn’t enough, the police arrive and escort you, in handcuffs, to the resort and spa known as “central booking.” If you are fortunate, the police issue you a Desk Appearance Ticket (D.A.T. / DAT).

“Simple” shoplifting has enormous and life altering consequences. Aside from the embarrassment, shame and potential loss of of your job if your employer finds out, the charges you may face are numerous. Even if you plea to a lesser Disorderly Conduct (a violation and not a crime), a background check down the road may reveal your shoplifting arrest.

December 25, 2008

DWI in New York: Criminal Defense & Suppressing the Breathalyzer III:

by Jeremy Saland

Throughout NY, law enforcement is gearing up for the holiday season and the unfortunate reality that many people will be driving drunk. Make no mistake, police, prosecutors and judges rightfully take DWI (Driving While Intoxicated) crimes very seriously. That being said, law enforcement must act within the bounds of the law in investigating and prosecuting these crimes. Obviously, making sure that law enforcement adheres to the “rule of law” is imperative to the criminal defense attorneys at Saland Law PC, because we know that the mere allegation of DWI, even if it is completely incorrect, has life altering consequences.

Recently, in People v. Shannon Sharp, 2008I001925, a criminal court judge suppressed the blood test results of a defendant charged with DWI. In that case, 2.5 hours after the defendant was initially arrested, the defendant agreed to submit to a blood test after the police officer “told that her [that her] driver license would be immediately suspended and subsequently revoked if she did not consent to a blood test, and that ‘refusal to submit to a test or portion thereof, can be introduced against [her] at any trial proceeding or hearing resulting from the arrest.'”

December 22, 2008

Lillo Brancato: Gets a Walk on the Murder, But Convicted of Attempted Burglary

by Jeremy Saland

Lillo Brancato, best know as the young man divided between his father and the mob in a “Bronx Tale” and the “Sopranos,” was acquitted of Second Degree Murder by a Bronx jury. Brancato’s criminal defense strategy may have helped him dodge a term of imprisonment that likely would have landed him behind bars for decades, but he is still likely to see some serious time in an upstate prison.

The jury found Brancato guilty of Attempted Burlgary in the First Degree, a class “C” violent felony. For those people who are not NY criminal defense attorneys or familiar with the criminal justice system, Burglary in the First Degree is a “B” violent felony that requires a minimum sentence of five years state prison and a maximum twenty five years state prison. Because he was convicted of this offense as an attempt and not a completed crime, the crime is lowered one degree to a “C” felony. Therefore, Brancato faces a minimum of three and one half years to fifteen years in state prison at his sentence. This potential sentence is the exact same sentence that Plaxico Burress faces if he is convicted for allegedly possessing the loaded firearm in Manhattan a few weeks ago. That being said, while both crimes are “C” violent felonies, Brancato’s sentence will likely be much more severe and closer to the higher end of the spectrum because of the terrible and unfortunate death of a police officer.

December 21, 2008

New Fraud / Identity Theft Crime On the Books in NY- Ulawful Possession of a Skimmer Device

by Jeremy Saland

NY criminal defense attorneys should be on notice. The crimes of Identity Theft, Grand Larceny, and Unlawful Possession of Personal Identifying Information have new “friends.” NY criminal defense attorneys and every day citizens should be aware that as of November 4, 2008, New York added additional crimes to the NYS Penal Law. These new offenses, Unlawful Possession of a Skimmer Device in the First and Second Degrees, directly relate to using skimmers to perpetrate certain fraud crimes.

Pursuant to Penal Law 190.85, a person is guilty of Unlawful Possession of a Skimmer Device in the Second Degree when “he or she possesses a skimmer device with the intent that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of personal identification information.”