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New York Criminal Lawyer Blog

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The Confluence of Robbery & Weapon Crimes in the New York Penal Law: Possessing and Displaying a Firearm During a Theft

As discussed previously on this blog site, Robbery, under NY Penal Law section 160.00, is defined as “forcible stealing.” Thus it differs from other theft crimes for which force is not an element. In this legal context, “forcible” means threatening or using physical force. The force element can be satisfied…

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Is it a Crime in New York to Use an Expired or Revoked Credit Card? NY PL 165.40(2) & NY PL 155.30(4)

Crimes involving credit cards and debit cards are growing throughout New York City and the region. For example, using another person’s credit card may constitute the crime of Identity Theft. Possessing a fake or fraudulent credit card likely violates Criminal Possession of a Forged Instrument. Even more common than these…

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Paying Off a Public Official: A New York Criminal Lawyer’s Analysis of New York’s Bribery Crimes

Bribing a public official to get your way in New York–whether it be a police officer in Brooklyn, a New York City councilman in Manhattan or some government official in Westchester County– can easily result in a felony conviction. While it is undeniable that at certain points in New York’s…

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When New York Credit Card & Debit Card Theft May Not be a Felony: Possession & Theft of ATM Cards

Any New York criminal lawyer will tell you that the best way to avoid an arrest, indictment or conviction is to steer clear of any and all criminal conduct. While that may sound easy, often time individuals make mistakes or get caught up in criminal acts that they truly had…

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Operation Swiper: Queens DA Notches 111 Person Indictment in International Identity Theft Scheme

Well before I became a New York criminal lawyer, I served for over seven years as a prosecutor in the Manhattan District Attorney’s Office. During that time, I was appointed to the Identity Theft Unit upon its creation as well as the Major Case section where I investigated criminal networks…

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Yaasmin Hooey – Former Finance Director for Greater New York Girl Scout Council – Arrested for Stealing More than Cookies

According to reports, Yaasmin Hooey, the former finance director for the Girl Scout Council of Greater New York, was arraigned today in Manhattan Supreme Court after the NYPD arrested her on an open indictment charging Grand Larceny and Embezzlement. It is alleged that Hooey skimmed over $300,000 by depositing 65…

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Occupy Wall Street: What Disorderly Conduct & Other Criminal Arrests Mean to a Protester’s Future

We can all agree to disagree on the merits, impact and value of Occupy Wall Street sit-ins, protests and mere presence in lower Manhattan. Whether protesters blocking the Brooklyn Bridge hurt the blue collar and regular working class person trying to get to and from work or their actions truly…

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Nassau DA Rice: Emory Student Sam Eshaghoff Paid Thousands to Use Fake Drivers License & Cheat SAT on Long Island

The pressure and drive to exceed in school never ends. Instead of studying a little longer and a little harder, however, the answer for some students is figuring out the best shortcut. According to the Kathleen Rice and the Nassau County District Attorney’s Office, Sam Eshaghoff, a former University of…

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Robbery Crimes & Robbery Laws in New York: Defining the Use & Threat of Force

In common parlance, if someone stole from you, you would likely say that you had been robbed. However, under New York law, “Robbery” is more than just taking property from another (generally defined as larceny); Robbery is forcible stealing. To be convicted of Robbery (New York Penal Law Sections 160.05,…

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New York Penal Law 120.05(6) – Assault in the Second Degree: Raising a Misdemeanor to a Felony

The New York Penal Law provides for in excess of ten different subsections of felony Assault in the Second Degree pursuant to section 120.05. While the most common felony Assault crimes handled by New York criminal lawyers are those involving the intent and actual causing of serous physical injury or…

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