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New York Criminal Lawyer Blog

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New York Assault Crimes: Can You be Charged with an Intentional and Reckless Crime for the Same Act

Prosecutors routinely (for better or worse) throw every charge they can at a defendant with the hope that something sticks. Maybe the evidence is overwhelming.  Maybe…not so much. Whatever the charges or allegations may, if one count cannot be proven beyond a reasonable doubt, maybe another can. It is one…

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NY One World Trade Center Base Jumpers to Face Felony Burglary Arrest: A Misuse of NY PL 140.20?

Authoring children’s stories is best left to those with an abundance of creativity. While not the sole career of the imaginative thinker, other fruitful and rewarding opportunities often present themselves (landscape architect would be neat and for the younger set, video game designer). One of those paths in life, however,…

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Revenge Porn in New York: Aggravated Harassment, Dissemination of an Unlawful Surveillance Image or any other Crime?

“Revenge Porn” has entered the vernacular of every day New Yorkers and it appears as if it is here to stay. With the proliferation of social media, Revenge Porn, and the pictures or videos that it consists of, reeks havoc on the people who are reflected or portrayed in the…

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VTL 511(3)(a)(iv) First Degree Aggravated Unlicensed Operation of a Motor Vehicle: New York’s Felony Crime for Driving Drunk with a DWI Conditional License from an Earlier DWI

Not all crimes involving Driving While Intoxicated are found under title 1192 of the New York Vehicle and Traffic Law (“VTL”). While all New York Drunk Driving crimes, aka, DWI and DUI, are extremely serious, so is an arrest for the DWI related crime of First Degree Aggravated Unlicensed Operation…

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The Curious Case of Raymond Felton & the Anti-Plaxico Burress Defense: Not All NY PL 265.03 Crimes are Created Equal

POST ARRAIGNMENT UPDATE: It appears that despite the arrest charge of PL 265.03, the Manhattan District Attorney’s Office recognized, at least for now, that they cannot prove this “C” felony beyond a reasonable doubt. Whether it was due to the credibility of Felton’s wife or not, I am not privy…

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Aggravated Harassment NY PL 240.30: All Speech, Threats and Statements are Not Equal

Second Degree Aggravated Harassment in New York, pursuant to New York Penal Law 240.30, is a crime that is always immersed in a pool of many questions. Sometimes the conduct clearly establishes the foundation for an arrest while other times your criminal lawyer may be left scratching his or her…

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PL 265.03: New York Firearm & Gun Lawyers Get Two Non-Criminal Deals in Queens Airport Weapon Arrests

At no point did you believe that your flight home from New York City’s JFK or LaGuardia Airport would leave you stranded in New York. No, not stranded on the tarmac or in the airport, but in a jail charged with Second Degree Criminal Possession of a Weapon (New York…

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NY PL 240.30 Aggravated Harassment: When Spitting on Another is both Criminal and Non Criminal

Depending on the side of the law you stand (the defendant arrested for Aggravated Harassment in the Second Degree or the complainant accusing you of violating New York Penal Law 240.30), the evolution and changes to this crime is either concerning or welcomed. As initial matter, some things have not…

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