A Brooklyn Supreme Court Judge sentenced Nixzaliz Santiago, the mother of 7-year-old Nixzmary Brown, to 43 years state prison today after she was convicted on October 17, 2008 for Manslaughter. Her husband, and the girl’s stepfather, had previously been convicted for the same offense and received 29 years. In fact,…
Criminal Possession of a Weapon in the Third Degree, a “D” Felony punishable by up to seven years, can be established by merely proving a defendant possessed an assault weapon, a disguised gun, or twenty or more firearms. However, experienced New York criminal defense attorneys know that prosecutors have another…
You are carrying .22 caliber bullets in Manhattan or .38 caliber rounds in Brooklyn, but you don’t have a permit to possess a handgun or pistol that utilizes the ammunition or to possess any firearm at all. Well, you may not have violated New York State Penal Law for Criminal…
Joseph Petcka, the defendant charged with beating a cat to death in Manhattan, was neither convicted or acquitted by the jury that heard his case. Instead, the jury “hung” on the charges against him. As a former prosecutor in the Manhattan District Attorney’s Office and a criminal defense attorney, I…
As a criminal defense attorney and former prosecutor who was an original member of the Identity Theft Unit, I have seen people charged with Resisting Arrest, Penal Law 205.30, along with underlying crimes ranging from Assault, DWI and Grand Larceny to Robbery, Trespassing, and Marijuana Possession. As the cases proceeded…
New York Penal Law Section 110.00 establishes that a defendant is guilty of an attempt to commit a crime when, “with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.” Well, if you are accused of attempting to commit a robbery…
Mount Kisco (Westchester County) police officer George Bubaris was acquitted of the charges of Manslaughter and Criminally Negligent Homicide in White Plains. The case has divided communities and received significant media attention due to the exposure of the issues that exist between immigrant communities throughout New York and local law…
As a former prosecutor in the Manhattan (New York County) District Attorney’s Office and one of the first Assistant District Attorneys in the Identity Theft Unit, I have seen a significant amount of outright stupid moves that have resulted in arrests for crimes ranging from Assault and Gun Possession to…
Christoper Carter was acquitted in New York County (Manhattan) Criminal Court after a jury found the prosecution did not prove he committed the crime of Assault in the Third Degree, a misdemeanor punishable by up to one year in jail, beyond a reasonable doubt. While many people know the basics…
Tampering with a Witness (New York Penal Law Sections 215.10, 215.11, 215.12 and 215.13) and Intimidating a Victim or a Witness (New York Penal Law Sections 215.15, 215.16 and 215.17) are distinct crimes that often confuse defendants, defense attorneys and prosecutors throughout the New York area from Brooklyn, Queens and…