New York Criminal Lawyer Blog

September 15, 2008

NY Criminal Defense – Mere Presence in “House of Prostitution”: Court Finds Complaint Legally Sufficient

Recently, on September 8, 2008, I commented on People v. Magali Rodriguez. In that matter, a New York criminal defense attorney challenged the legal sufficiency of a complaint charging the defendant with Prostitution. Specifically, the challenge was based on the fact that a third party negotiated the financial transaction. In finding the complaint (it’s actually called an “information”) legally sufficient, the Court stated that the defendant herself need not be the one to offer the sexual conduct and discuss the financial transaction. What must be reviewed is the “totality of the circumstances.”

On a similar note, another recent decision from New York (Manhattan) Criminal Court in January 2008, People v. Heesuk Choi, 2007NY085556, reveals that courts may be getting stricter in their enforcement of Prostitution and related crimes. In that matter, an undercover police officer was in a “brothel” or “house of prostitution” where five women (one was the defendant), who did not speak, were paraded out to him. The undercover agreed on a price with a madam and was asked to pick a girl.

September 11, 2008

New York State Penal Law 165.15: Theft of Services

by Jeremy Saland

You had a few too many drinks and refused to pay your bill at the diner or late night restaurant in Manhattan. You jumped a turnstile in Brooklyn because you though nobody was looking. Maybe you refused to pay your cab driver because he is driving you from NY to the Bronx to Queens and back to NY when you only needed to go to midtown. Believe it or not, your actions may land you either in jail or with a desk appearance ticket (DAT) for the misdemeanor crime of Theft of Services.

An experienced criminal defense attorney can tell you that things that seem to be merely a misunderstanding or a bone-headed move often result in criminal actions. Theft of Services, punishable by up to one year and jail, is one of those offenses. Although there are often legitimate and solid defenses to this crime that need to be explored, Theft of Services generally occurs where you obtain a service and do not pay for that service.

September 8, 2008

Criminal Liability for Acts of Another: New York Penal Law Section 20.00

by Jeremy Saland

You and a friend have an illegal gambling operation. The police executed a search warrant at your business and you find yourself charged with Money Laundering in Brooklyn Criminal Court. However, you merely arranged for finding the physical location to run the operation and greeting clients, but you never dealt with the financial transactions. Maybe you arrange for bookings for an escort services and find yourself charged with Promoting Prostitution in Manhattan Supreme Court, but you never actually met the alleged prostitutes or set up locations to meet because someone else had the responsibility. In an even worse scenario, you are in jail in the Bronx because you were a “lookout” or “steerer” when a friend of yours sold drugs to an undercover police officer with the NYPD and now you are charged with Criminal Sale of a Controlled Substance (selling drugs) with your friend.

The question you may ask is, “How is the District Attorney’s Office charging me for a crime where I was not the person who actually committed that crime?” The answer to this question may be found in Penal Law Section 20.00. An experienced New York criminal defense attorney will not only be able to explain this legal definition to you, but to analyze and put forth the best way to challenge the case against you.

September 4, 2008

NY Criminal Defense – Penal Law Section 230.00: Is it Prostitution if Someone Else is Paid for Your Service

by Jeremy Saland

Recently, in People v. Magali Rodriguez, a NY criminal defense lawyer argued in Brooklyn (Kings County) that the complaint alleging Prostitution against his client was facially insufficient and should be dismissed. Specifically, the NY criminal defense attorney argued that the complaint alleged that a third party, and not his client, received payment for the agreed upon sexual services between his client, the alleged prostitute, and the undercover police officer. Therefore, the defendant did not make the actual agreement.

Brooklyn Criminal Court Judge Michael Gerstein disagreed with the criminal defense attorney and denied the suppression. Citing People v. Choi, 18 Misc.3d 1122, (Crim. Ct. N.Y. Co. 2008), Judge Gerstein stated “that the mere fact that an agreement to engage in sex for money was secured through a procurer does not render [a] Complaint [alleging Prostitution] insufficient.”

September 2, 2008

“Preppie Killer” Robert Chambers: Sentenced to 19 Years on Criminal Possession of a Controlled Substance 1st Degree

by Jeremy Saland

It is no surprise to this former Manhattan prosecutor and current criminal defense attorney that the Manhattan District Attorney’s Office obtained a top count plea for Criminal Possession of a Controlled Substance in the First Degree and a severe sentence for the infamous Robert Chambers, a/k/a, the “Preppie Killer.” The notorious criminal is known for killing Jennifer Levin years ago in Manhattan’s Central Park.

Prior to his arrest, Mr. Chambers had been the target of an undercover police investigation where he ultimately sold a quantity of cocaine in excess of two ounces. Under New York State law, the sale of a controlled substance (cocaine, “crack,” heroin and other drugs) is punishable as felony regardless of how small or large the amount sold. One is guilty of Criminal Sale of a Controlled Substance in the First Degree (Penal Law Section 220.43) if he or she knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing a narcotic drug ad the preparations, compounds, mixtures or substances are of an aggregate weigh of two ounces or more. Under this offense it does not matter whether the amount barely exceeds two ounces or is multiple kilos.

September 1, 2008

New York Criminal Law: The Affirmative Defense Part II

by Jeremy Saland

In a previous entry I discussed the general concept of the “affirmative defense.” Now that you have an understanding as to what a New York criminal defense attorney means when referring to such a defense, I wanted to take the opportunity to set forth some specific “affirmative defenses” from the New York Penal Law. Again, these defenses are statutory defenses where your criminal defense attorney bears the burden, and not the prosecution, in proving the defense beyond a preponderance of the evidence. The following are some examples:

New York Penal Law 190.15 – Affirmative Defense for Issuing a Bad Check

August 29, 2008

DWI in New York: Suppressing the Breathalyzer Part II

by Jeremy Saland

As I have stated countless times throughout the entries in my blog, assistant district attorneys and the NYPD in New York City vigorously prosecute those accused of DWI. Make no mistake, the NYPD, judges and prosecutors take the crime of DWI very seriously and an experienced NY criminal attorney should be retained to formulate your best plan of attack to defend and protect your liberty and livelihood.

As a former prosecutor in the Manhattan District Attorney’s Office for seven years and a New York criminal defense attorney, I work with each client to take the time to develop a specific plan for their case whether it is DWI, Identity Theft, or another criminal matter. In order to defend clients to the best of my ability and provide them with a zealous representation, I stay on top of legal decisions in New York City as well as the state.

August 25, 2008

Tanya Hollander: Another Elliot Spitzer Girl Pleads Guilty for Involvement in Prostitution Ring

by Jeremy Saland

It is no surprise to this experienced New York criminal defense attorney that another “Spitzer Girl” just pleaded guilty today in relation to her involvement in the Prostitution and Escort Service ring known as Emperors Club VIP. Law enforcement is diligent and detailed in their investigation and prosecution of Prostitution crimes. As a former prosecutor in the Manhattan District Attorney’s Office, I am personally aware of the length that law enforcement will go in collecting and analyzing phone, bank, email and surveillance records to catch their target.

Although Ms. Hollander was not alleged to have engaged in the act of Prostitution, Ms. Hollander apparently violated other criminal statutes including conspiracy to violate the Travel Act. In connection to that statute, Ms. Hollander apparently admitted that she crossed state lines to further an illegal business. That business? Well, it is called Prostitution.

August 23, 2008

NY Criminal Defense – Prostitution and Unlicensed Massage: NY Penal Law Section 230.00

by Jeremy Saland

NY criminal defense attorneys must always be aware of legal decisions and the impact on the charges that their clients face. Those legal decisions as they relate to Prostitution, Escort Services and Unlicensed Massage are no different. That is one of the purposes behind EscortDefense.Com.

Recently, on June 26, 2008, Judge Marc Whiten, of the New York (Manhattan) Criminal Court, denied a criminal defense attorney’s motion to dismiss where the defendant was charged with both one count of Prostitution pursuant to New York Penal Law ､230.00 and one count of Attempted Unauthorized Practice of a Profession (“Unlicensed Massage”) pursuant to New York Penal ､110 and Education Law ､6512[1].

August 20, 2008

NY Criminal Law: Bail Jumping (Penal Law 215.55, 215.56 & 215.57)

by Jeremy Saland

You did not show up for your scheduled trial in Manhattan Criminal Court, a court date where your criminal defense attorney was to file motions in Brooklyn Supreme Court, or a date to discuss a deal in White Plains City Court. Not only do you run the risk of a bench warrant being issued for your immediate arrest, you may also ultimately face an additional charge of Bail Jumping.

Punishable by up to a year in jail as a misdemeanor and up to seven years as a felony, Bail Jumping occurs when you have been released from custody or you are allowed to remain at liberty and you fail to return to court on the return date or voluntarily within thirty days thereafter.