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New York Criminal Lawyer Blog

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Obstructing Governmental Administration in the Second Degree: Understanding What Types of Actions Validate a NY PL 195.05 Arrest

All crimes in New York, whether you are arrested in Manhattan or somewhere in Westchester County, have specific elements that prosecutors must prove beyond a reasonable doubt. While some elements are fairly straight forward, other elements have their own legal definitions or case decisions that are utilized to explain or…

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Drake – Brown Beatdown: Possible Criminal Arrests & Charges After Club WIP Bar Fight in Manhattan

According to reports, rapper-singers Drake and Chris Brown, along with their respective entourages, OD’d in testosterone and supposed manhood at Manhattan’s club W.I.P. Whether it was the result of one too many cocktail, it is alleged that Drake taunted Brown over the former’s “between the sheets dancing” with the over-hyped…

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Establishing Unauthorized Use of a Computer & Third Degree Identity Theft in New York Courts

Prosecutors, judges and New York criminal lawyers are seeing more and more arrests for Identity Theft and Unauthorized Use of a Computer. As misdemeanors, Identity Theft in the Third Degree (New York Penal Law 190.78) and Unauthorized Use of a Computer (New York Penal Law 156.05) are very serious and…

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Tiger Woods’ Agent, Mark Steinberg, Arrested for Aggravated DWI in Ardsley, New York: A Practical Criminal Law Analysis of NY DWI Law

Mark Steinberg, Tiger Woods’ agent, was arrested Saturday evening in the Westchester County town of Ardsely, New York for drunk driving and DWI. According to reports, Steinberg allegedly recorded a .18 on the intoxilyzer. The legal limit in New York State is .08. Once a driver blows .18 or higher…

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Foreign Nationals Visiting NYC: How to Deal with Unresolved NY Arrests and Desk Appearance Tickets Still Pending After Leaving the United States

There are few things more frightful and concerning than being arrested in a nation where you do not reside. Compounding matters, because the United States has a unique criminal justice system, you may not have any idea about the arrest process and what you may face whether you were charged…

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Gravity Knife Arrests in New York: Is a Police Officer’s Mere Conclusion that You Possessed a Gravity Knife Sufficient to Support a NY PL 265.01 Complaint

The most common crime involving weapon arrests in New York is likely Criminal Possession of a Weapon in the Fourth Degree pursuant to New York Penal Law 265.01(1). This specific subsection involves per se weapons defined by statute. If you broke this crime down further in terms of the type…

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Is Proof of an Out of State Firearm Permit or License a Defense to the Charge of NY PL 265.03 – Criminal Possession of a Weapon in the Second Degree?

As a preliminary matter before addressing the issue and court decision in this blog entry, I want to briefly state the law of possessing unlicensed firearms, guns, revolvers, pistols, etc. in the State of New York. Pursuant to New York Penal Law 265.03, Criminal Possession of a Weapon in the…

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Presuming Criminal Intent when Possessing a Non Per Se Weapon: Understanding New York Penal Law Article 265 Crimes

There are few crimes – misdemeanor or felony – that are as fiercely prosecuted by Assistant District Attorney’s throughout New York than weapon crimes. Whether the offense is of the misdemeanor variety (NY PL 265.01) and involves a gravity knife or the crime is of the felony level and involves…

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New York DWI & DUI Arrests: When the Police Fail to Establish “Operation” & Probable Cause in a VTL 1192 Case

I don’t know how many times I can say it, but New York drunk driving crimes and driving while intoxicated arrests have enormous ramifications. Compounding matters, criminal attorneys and New York City DWI lawyers often face evidence that is videotaped and based in chemical tests that is difficult to controvert.…

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DA Vance: Grip Entertainment’s PA to NY Sex & Prostitution Ring Trafficked Women in Multi-Hundred Thousand Dollar Scheme

Manhattan District Attorney Cyrus Vance, Jr. has struck again in his pursuit of eradicating the worlds oldest illegal profession outside of Reno, Nevada. According to New York City newspapers as well as the New York County DA’s Office website, Anna Gristina has some new proverbial bedfellows in Grip Entertainment’s Vincent…

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