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New York Criminal Lawyer Blog

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From Escort Services to Elliot Spitzer: New York Criminal Statutes Relating to Prositution Part I

Elliot Spitzer, The Emperor’s Club VIP, Ashley Dupre, Kristin Davis, Wicked Models…Clearly, those working in the oldest profession right here in Manhattan, and the men who seek their services, are still pushing the limits of the law. As a former prosecutor who served for seven years under Robert Morgenthau in…

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Resisting Arrest in NY: Conviction if Underlying Crime Dismissed?

As a criminal defense attorney and former prosecutor who was an original member of the Identity Theft Unit, I have seen people charged with Resisting Arrest, Penal Law 205.30, along with underlying crimes ranging from Assault, DWI and Grand Larceny to Robbery, Trespassing, and Marijuana Possession. As the cases proceeded…

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Forged Instruments and Forgery in NY: Attacking a Prosecutor’s Case Part II

It does not matter if you are being prosecuted in Manhattan, Bronx, Brooklyn, Queens, White Plains, Mt. Vernon or Yonkers – the law is clear on Forgery and Criminal Possession of a Forged Instrument. Either it is or it is not. Sounds simple enough, but unfortunately, it may take an…

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New York Criminal Possession of a Forged Instrument: Average Citizen Standard?

Recently, I posted a decision issued by a Manhattan Criminal Court Judge from April 2008 finding that mere possession of a fake ID (fake identification card) was sufficient to establish intent and knowledge to sustain the charge of Criminal Possession of a Forged Instrument under New York Penal Law Section…

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Forged Instruments and Forgery in NY: Attacking a Prosecutor’s Case Part I

In New York, Forgery (Penal Law 170.05, 170.10 and 170.15) is a crime that seems obvious and straightforward, but is often far from it. As the most senior member of the first prosecutors assigned to the Manhattan District Attorney’s Office Identity Theft Unit and currently a criminal defense attorney, I…

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