While I am not in possession of any statistics, there is little doubt that over my years as a Manhattan prosecutors and criminal defense attorney, a significant amount of crimes involving New York Penal Law 170.20 and New York Penal Law 170.25 relate to some form of a fake identification…
New York Criminal Lawyer Blog
When Unlawful is Just Plain Awful: The Unintentional Consequences of Many PL 265 Weapon Possession Arrests in New York
While there may be some people on the extreme side of the Second Amendment that believe there should be zero regulation in any capacity of firearm possession and use by our government, it is likely most people agree that the laws of New York and other states serve a significant…
Endangering the Welfare of a Child: NY PL 260.10 Crimes and “Home Alone” Theories of Prosecution in New York
Endangering the Welfare of a Child, New York Penal Law 260.10, is not only an embarrassing crime to face, but one that by its nature gets the attention of judges, prosecutors and child protection agencies such as Child Protective Services (CPS) and the Administration for Child Services (ACS). Domestic in…
Sufficiency of an Officer’s Statement to Support a Complaint in New York Criminal Court: Conclusions not Enough to Corroborate Drugs
Years ago, when a detective or police officer signed off on a criminal court or misdemeanor complaint alleging misdemeanor drug or marijuana possession, PL 220.03 and PL 221.10 respectively, the law mandated that an Assistant District Attorney also secure a laboratory analysis or field test of the substance to proceed…
When Fun Times on Mischief Night and Halloween Become Criminal: Vandalism, Property Damage and Criminal Mischief
Its the same two nights every year throughout New York State. Mischief Night followed by the main event, Halloween. For preteens in costumes of all shapes and sizes, Halloween is about trick-or-treating and scarfing down way too much candy. For parents of little boys and girls, it is about dressing…
Understanding the Minimum Requirement of “Forcible Stealing” in a New York Robbery Arrest and Prosecution
Robbery is one of the most serious crimes in the New York Penal Law. Criminal defense attorneys in New York see Robbery crimes come in a variety of different scenarios and allegations. Sometimes a weapon is used such as a firearm or a knife while other times a victim suffers…
Resisting Arrest and Obstructing Governmental Administration Dismissed: Failure of NY PL 195.05 Leads to Dismissal of NY PL 205.30
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…
Failure to Appear on a Misdemeanor Court Date: Bench Warrants and Bail Jumping
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…
Client Charged with Drug Possession Gets Re Arrested for Assault Upon Release: Both Cases Dismissed
Not every person learns, behaves, engages, or speaks in the same way. That which makes us different also makes us special. Sometimes our differences are slight while other times they are greater. Sometimes we behave in a certain way while other times it is beyond our control. It is in…
Unable to Appear in a New York Criminal Court: NY CPL 340.20 Pleas and Dismissals without an Appearance
Although I couldn’t tell you the exact number, there are millions of people who come to New York City – its boroughs of Manhattan, Queens, Bronx and Brooklyn (technically Kings County) – on any given day. Whether they are commuters, tourists or here solely for a brief business stay, some…