While there is likely a significant amount of investigation that has yet to occur, the sad reality is that many innocent people were terribly injured and died when a Metro North train from Poughkeepsie skid, rolled and tumbled off the tracks near the Hudson Line’s Spuyten Duyvil station in The…
Articles Posted in Other Crimes
Is Proper Service Necessary in Order to Find a Later Violation of a Restraining Order: Understanding NY Second Degree Criminal Contempt
One of the more straightforward arrests and prosecutions handled by Assistant District Attorneys in New York City as well as some of the neighboring counties is Criminal Contempt in the Second Degree. Second Degree Criminal Contempt, pursuant to New York Penal Law 215.50(3), basically occurs or is committed when you…
Acting in Concert & Accomplice Liability: How Far Must You Go to be Liable for Another Person’s Conduct
New York, like all other states, has its own means to determine whether individuals can be arrested and charged as co-defendants for a particular crime. Obviously, merely being present when a crime is committed by another person is not legally sufficient enough to establish guilt beyond a reasonable doubt (although,…
Unlawful Surveillance – PL 250.45: From “Up Skirts” to Bathroom Recorders – Must All Defendants Register as Sex Offenders Upon Conviction
Every criminal arrest or conviction has a collateral consequence. Obviously, some are more severe than others. While an arrest can be humiliating, a conviction can strip us of many rights we take for granted, destroy our ability to continue in our career or set a chain of events into action…
When Sharing Cigarettes is a Crime: The Low Level Threshold for Prosecuting Endangering the Welfare of a Child (NY PL 260.10) in New York
Whether its the Administration of Children’s Services (also called “ACS”), the New York City Police Department or a prosecutor from Manhattan to Brooklyn or anywhere in the State, being accused of a crime that endangers or threatens a child’s well being is a serious matter. Arguably, even the mere allegation…
Attempted Endangering the Welfare of a Child: When Does Your Conduct Cross the Criminal Line for a NY Arrest
An arrest in New York for Endangering the Welfare of a Child is one of the more serious misdemeanor crimes in the New York Penal Law. Generally speaking, its not that one “A” misdemeanor is more serious than another (all “A” misdemeanor crimes are punishable by as much as one…
Understanding Official Misconduct & Obstructing Governmental Administration with a “Brady” Twist: NY Penal Law Sections 195.00 & 195.05
Being charged with and arrested for any misdemeanor crime in New York is no walk in the park. A New York criminal defense attorney need not advise you of this obvious fact. The reality is, any accusation has significant and collateral consequences. When the crimes involve some alleged form of…
Falling Like a House of Cards: Resisting Arrest Dismissed as a Result of Legally Insufficient Claims of Disorderly Conduct
One of the more common ways the police and prosecutors can amplify an otherwise insignificant event is by alleging, and ultimately arresting a person for, Resisting Arrest (New York Penal Law 205.30) or Obstructing Governmental Administration in the Second Degree (New York Penal Law 195.05). That is not to say…
Long Island Dentist Arrested for Reckless Endangerment: Is Intoxication Automatic Proof of Recklessness during any Medical Type Procedure
While the Suffolk County District Attorney’s Office will not be resolving the age old question of whether a dentist is in fact a “doctor” (I do not want to be accused of being an antidentite by-the-way), DA Thomas J. Spota’s Herculoids (a little homage to Hana Barbara, folks), will soon…
New York Penal Law 190.23: False Personation & Legally Sufficient Criminal Complaints
Sometimes, when we are frustrated, we tend to get “cute” or “fresh.” While talking back to your mother or a friend may get you further into an argument, doing the same with the police can make a bad situation exponentially worse. Its not just a bad attitude that can aggravate…