Violent Crimes

May 30, 2008

Tampering with a Witness and Intimidating a Witness: Two Distinct Crimes in New York State

Tampering with a Witness (New York Penal Law Sections 215.10, 215.11, 215.12 and 215.13) and Intimidating a Victim or a Witness (New York Penal Law Sections 215.15, 215.16 and 215.17) are distinct crimes that often confuse defendants, defense attorneys and prosecutors throughout the New York area from Brooklyn, Queens and the Bronx to the cities of White Plains, Yonkers and New Rochelle in Westchester County. An experienced defense attorney can help explain the differences in the two statutes, listen to your concerns and questions, and formulate a plan to develop the best possible defense for you.

A person is guilty of Tampering with a Witness when, knowing that a person is or is about to be called as a witness in an action or proceeding, he wrongfully induces or attempts to induce that person from absenting himself from or avoid testifying at the proceeding (such as a trial). In the alternative, that person knowingly makes a false statement or deceives with the intent to affect the other individual’s testimony. The different levels of severity of this crime (an “A” misdemeanor punishable by up to one year in jail to a “B” felony punishable by up to 25 years state prison) are distinguished in part by whether there are threats of physical injury or actual physical or serious physical injury.

May 22, 2008

NY Subway Mugger Arrested: Charged with Grand Larceny, Robbery and Resisting Arrest

by Jeremy Saland

The New York City Police Department (NYPD) finally arrested Mark McIntosh and charged him with three counts of Grand Larceny, three counts of Robbery, and one count of Resisting Arrest. McIntosh allegedly snatched purses from six women standing on subway platforms throughout New York City including Manhattan and Brooklyn. Not only was McIntosh brazen enough to grab the purses during rush hour, he often fled into the subway tunnels to escape.

According to the NYPD and the Manhattan District Attorney’s Office, McIntosh often stayed at a homeless shelter in Manhattan’s East Village. Not only was McIntosh identified in lineups, McIntosh apparently did something that any person accused a crime should not do…he made incriminating statements.

May 19, 2008

Criminally Negligent Homicide in New York: Taylor Webster

by Jeremy Saland

6 Year old Taylor Webster died at Mount Sinai Hospital in New York and her foster mother, Joanne Alvarez, was charged with Criminally Negligent Homicide (Penal Law 125.10 – an “E” Felony with no mandatory minimum jail sentence) after Ms. Alvarez gave her a prescription fentanyl “pain patch.” Unfortunately, Taylor’s body could not handle the medications in the patch used for people aged 16 and older and she passed away.

As a former prosecutor in the Manhattan District Attorney’s Office and an experienced criminal defense attorney, I am all too familiar with this type of case where everyone suffers and tragedy reigns. From a legal perspective, the charge of Criminally Negligent Homicide, as opposed to “murder,” appears to be the appropriate charge. Unlike a crime that requires an act to be intentional, meaning a person’s conscious object was to engage in particular conduct, Ms. Alvarez, at his point, is facing charges requiring a different mental state.