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New York Criminal Lawyer Blog

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New York Penal Law 205.30: Is Dismissal of Other Arrest Charges a Criminal Defense to Resisting Arrest

Sometimes Resisting Arrest, pursuant to New York Penal Law 205.30, is the top count or sole “A” misdemeanor crime charged in a criminal court complaint. Whether it is in New York County (Manhattan), Kings County (Brooklyn), Queens County, or Westchester County, an arrest for Resisting Arrest is certainly a charge…

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New York Gambling Record Crimes: Must Prosecutors Allege in an NY PL 225.15 Complaint that You Did Not Possess the Records for Personal Use?

Depending on the facts and circumstances, gambling in New York, outside of Native American Reservations and the horse tracks, is an illegal enterprise. Unlike Las Vegas, gambling in New York City or elsewhere in the State of New York can land you in jail and the winner of a criminal…

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The Value of Investigating a New York Assault Arrest: New York Criminal Lawyers Obtain Dismissal of Felony Assault Case

Any New York criminal lawyer can tell you an allegation is merely an allegation. It is not proof beyond a reasonable doubt, or, for that matter, proof of much at all. Whether you are arrested for a fight involving a neighbor or a stranger, the burden on the prosecution is…

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The Legal Burden in Establishing a Working “Weapon” in New York Criminal Court: NY PL 265.01

From gravity knives to switchblade knives, whether in Manhattan, Brooklyn, Queens or out in Westchester County, as an experienced New York criminal lawyer I have frequently seed defendants charged with Criminal Possession of a Weapon in the Fourth Degree. A misdemeanor, CPW 4, pursuant to New York Penal Law 265.01,…

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Breaking Down a New York City Desk Appearance Ticket & DAT

Although the New York City Police (NYPD) can easily arrest you and send you to Central Booking for any misdemeanor or “E” felony, in certain circumstances they can, and will, give you a Desk Appearance Ticket (often called a “DAT” or “Appearance Ticket”) instead. While you have still been arrested,…

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Do Puncture Wounds from being Stabbed Automatically Establish Serious Physical Injury in a New York Felony Assault Case?

Generally speaking, the practice of criminal law is neither scientific nor mathematical. While a New York criminal lawyer may be methodical in his or her dissection of legal issues and the use of prior cases decisions to prove a particular point of law, criminal law in New York is constantly…

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NY DMV Clerk Arrested For Fraudulently Issuing Drivers Licenses to Individuals Including Convicted Felon

It is almost as if he is shooting fish in a barrel. Manhattan District Attorney, Cyrus Vance, Jr., has made another big splash announcing the arrest and indictment of a New York State Department of Motor Vehicle’s (“DMV”) clerk who is alleged to have unlawfully processed at least three drivers…

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Manhattan DA Investigating Ray Kelly’s Son, New York City Newsman Greg Kelly, for Rape

Rookie term Manhattan District Attorney, Cyrus Vance, Jr., has found himself in a position that is anything but envious. According to multiple reports, DA Vance’s main referral source for business, New York City Police Department Commissioner Ray Kelly, is also the father of an accused rapist. Greg Kelly, the co-host…

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New York DWI Arrests & Trials: New York City Judge Allows Portable Breath Tests Results at Drunk Driving (DUI)Trial

Facing a Drunk Driving, DUI or DWI criminal arrest in New York can be an extremely frightening experience for any individual especially for an accused who does not have an experienced New York DWI lawyer at their side. Whether one is arrested and charged with Driving While Intoxicated in Manhattan,…

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When Police Conduct a Post Arrest Search Without an Arrest: Challenging Illegal Searches in New York

You received a summons for having an open container of beer somewhere in New York City either on the streets of Brooklyn or Manhattan. The police issued you a pink summons and you believed you were on your way to a slap on the wrist. However, to your surprise, you,…

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