Challenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of…
Most people know to listen to a judge. After all, he or she has the ability to change the trajectory of your life whether you are involved in a civil case or you have been arrested for any number of crimes outlined in the New York Penal Law. In the…
Yes, you can be arrested by the NYPD in New York City for Loitering. In fact, if you’re loitering in Manhattan, Yonkers, Brooklyn, White Plains, New City or Queens, the crime is still the same. Codified in the New York Penal Law under sections 240.35, 240.36 and 240.37. The first…
There are many elements to an Endangering the Welfare of a Child crime in New York. In fact, the crime of New York Penal Law 260.10 has been addressed, examined and analyzed with regularity on this blog. Sometimes the issue revolves around the intentional conduct of the accused or how…
You had a few beers. A couple of glasses of wine. A shot or two of whiskey. OK, maybe it was that and a couple of more. Buzzed? Intoxicated? Flat out drunk? Wherever you are on that spectrum, you are watching your kids. At least that’s what you’re supposed to…
Sometimes with good cause and other times without, the NYPD charges individuals with violating New York Penal Law 195.05, Obstructing Governmental Administration. In fact, during my years as a Manhattan prosecutor and currently as a New York criminal defense lawyer, I have seen and currently see both police and Assistant…
Every which way you look, one prosecutorial agency is enforcing a Federal or State law that forbids, prevents or punishes illegal gambling. It may be a lucrative business if you don’t get caught, but as soon as you do it is not uncommon to find yourself charged with Money Laundering…
Second Degree Aggravated Harassment, New York Penal Law 240.30, is one of the most widely charge crimes that often teeters between a violent and non violent offense. Not only are the alleged threats made in an NY PL 240.30 investigation relevant down to the exact words used and the context…
New York Penal Law 215.50, Second Degree Criminal Contempt, is a crime that prosecutors are quick to charge and often for good cause. However, regardless of the subjective view of an Assistant District Attorney or a police officer with the NYPD or any police department outside New York City, cases…
Whether its an unapproved mural or a small tag, in order for a judge or jury to convict you of Possession of a Graffiti Instrument, New York Penal Law 145.65, an Assistant District Attorney must prove beyond a reasonable doubt: (1) your intent to damage property (2) your possession of…