No matter what side you find yourself in terms of whether Jordan Neely’s homicide at the hands of Daniel Penny on a Manhattan subway was the result of a lawful response to an imminent threat, a violent overreaction by a fellow straphanger, or something in between, there is one undeniable…
Due to the nature of the underlying allegations and elements of the offenses themselves, there are certain crimes in New York that carry with them a horrendous stigma. Both misdemeanors and felonies, many of these crimes are New York Penal Law Article 130 sex offenses and include Forcible Touching, Penal…
While everyone is both entitled and deserving of the presumption of innocence, when a man is charged with Sex Abuse and Endangering the Welfare of a Child, the assumption is that he did something terribly wrong. When the accuser is a 13-year-old girl, this belief is compounded, and the overwhelming…
While being selfish is not criminal, is potentially exposing others to the coronavirus, knowing that you may be infected with COVID-19, a violation of the New York Penal Law? What if you were concerned enough to be tested for the coronavirus and were awaiting the results? What if before you…
At his State of the State address, New York Governor Andrew Cuomo formally rolled out his proposal to codify the Hate Crime Anti-Terrorism Act and combat anti Semitic and other discriminatory attacks. Encompassing more stringent elements than his late summer consideration of the law, the Governor views this future offense…
If what prosecutors claim is true, Actresses Felicity Huffman and Lori Loughlin could have Razzy worthy roles starring next to Marlon Brown in a remake of 1989’s “How I Got into College.” The alleged easy way out amateurs who, with others, collectively paid millions of dollars to “assist” their genetic…
“Only the guilty hire defense attorneys.” “If he was arrested, he clearly did something wrong.” “Innocent people aren’t accused of crimes. Clearly, she’s guilty.” Somewhat common refrains by those who have never had the misfortune of being accused of wrongdoing, whether fair or not, until you find yourself in handcuffs…
When it comes to Harassment in the Second Degree, New York L 240.26, one of the most frequently charged offenses in New York City and likely throughout the State, one issue that criminal attorneys and prosecutors litigate time and time again is what constitutes a meaningful and real threat of…
In most negotiated guilty pleas throughout New York City’s Criminal and Supreme Courts, as well as town, village and County Courts throughout Rockland, Westchester and the Hudson Valley, defendants are expected to waive their right to appeal their conviction and sentence. From one point of view, this makes sense. After…
Thanks to the passage of New York City Administrative Code 10-180, Unlawful Disclosure of an Intimate Image, victims of Revenge Porn and the unauthorized sharing of compromising images in New York City – Manhattan, Brooklyn, Queens, Bronx and Staten Island – now can protect themselves in a court of law.…