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The New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC are pleased to announce another victory for a client charged with Criminal Possession of a Weapon in the Second Degree for possessing a “loaded” firearm at John F. Kennedy (JFK) Airport in Queens. Although our client, a Florida teacher, was charged with New York Penal Law 265.03 and faced a mandatory minimum term of 3.5 years in prison if convicted of that felony, Saland Law PC secured a disposition where he pleaded to Disorderly Conduct pursuant to New York Penal Law 240.20. Not only did his plea to this violation avoid incarceration, probation or community service, the plea did not give our client a criminal record at all.

Unfortunately, many honest people who lack any criminal intent are swept into the New York criminal justice system for possessing firearms (pistols, hand guns, revolvers, etc.) without a proper permit to do so. Unwittingly, these people visit New York with the firearm thinking that it is “OK” to possess it in New York City because the have a license or permit to have that firearm in their home state. Often times, when they return home through a New York area airport such as LaGuardia and JFK in Queens, they check the firearm and end up getting arrested. Compounding matters, the firearm is legally loaded, albeit not physically, because the ammunition or bullets are in the hard case along with the gun. The message here is clear. Do not bring your firearm to New York unless you have the proper license(s) in New York State and New York City to do so.

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New York criminal defense attorneys routinely hear it from their clients. “I was framed” or “I was entrapped.” While often times a New York criminal defense lawyer can dissect and locate errors in the investigation, arrest procedure or paperwork of a criminal case, establishing that a client is the victim of entrapment, as a matter of law, is not as easy. In fact, entrapment is specifically defined in the New York Penal Law (NY PL 40.05) and is far more complex than the “they made me do it” or “they pushed me into it” defense. That beings said, if you can establish that you violated a particular criminal statute in New York due to this entrapment, an affirmative defense to the charges exists. What is Entrapment – New York Penal Law 40.05

Although not a verbatim cut and paste of the actual statute and not a substitute for a reading of it and discussion with your legal counsel, entrapment is defined as follows:

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You go into a restaurant in Manhattan or store in Brooklyn and pay with cash. It turns out, one of the $20 or $100 dollar bills is fake and a forgery. In the alternative, you are arrested for an unrelated charge in Queens and when you are searched, the police recover numerous counterfeit $50 dollar bills. Unfortunately, you find yourself under arrest and charged with a crime and in need of a New York criminal defense lawyer experienced in counterfeit money crimes, Forgery and Criminal Possession of a Forged Instrument. As you wrap your head around the turn of events you begin to wonder about the crimes you may now face, what the potential punishments are and what are your defenses.

New York Crimes for Possessing Counterfeit Money

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In the first entry in the New York Gambling Crimes series, I addressed the crime of Promoting Gambling in New York (Manhattan, Brooklyn, Queens, Bronx, Westchester or any other County in New York State) as well as the dry, yet important, definitions underlying this and other gambling statutes. Today’s entry addresses some cases that will help you further understand this offense and understand Promoting Gambling and related crimes from the perspective of a New York criminal defense attorney. More specifically, this entry will address who can be charged with Promoting Gambling pursuant to New York Penal Law sections 225.05 and 225.10.

To start things off, one cannot be charged with the crime of Promoting Gambling if one is merely a participant in that gambling. The Court of Appeals, New York’s highest court, recently affirmed that position in the Matter of Victor M., 9 N.Y.3d 84, 845 N.Y.S.2d 771, 876 N.E.2d 1187 (2007). In that case, the Court found that a player in a game of dice (it could have been any other game for the purpose of this conclusion) could not be charged with this offense because merely as a player, that person did not advance or profit from the unlawful gambling activity. One has to look no further than New York Penal Law 225.00(4) and (5) for corroboration in the statute itself to support the Court of Appeals’ determination. Keep in mind, that the terms “advance” and “profit” are both specifically defined in the statute.

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The New York criminal defense attorneys at Saland Law PC are pleased to announce that we recently expanded the New York White Collar Crime section of our website. While each case requires its own analysis and the information on the website and blog should not be used as advice, the New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC view the detailed New York Grand Larceny section and accompanying blog as a top source for information on New York theft and larceny crimes. Whether you are investigated or arrested in Manhattan for Grand Larceny by Embezzlement, Brooklyn for Grand Larceny by Extortion, Westchester for Grand Larceny of a Credit Card or Debit Card, the Bronx for Grand Larceny of a Vehicle, Queens for Grand Larceny of a Firearm or any other form of Grand Larceny (NY PL 155.30, 155.35, 155.40 or 155.42) in New York, the information contained in these sections are for your review. Certainly one’s best defense to a charge of Grand Larceny is never getting involved in the crime in the first place, but educating one’s self on the law of Grand Larceny so one can understand the nuances, degrees and punishment for the crime is also invaluable.

If you have been accused of or are being investigated for Grand Larceny anywhere in New York City or the metropolitan area, please review the New York Grand Larceny section found under the White Collar Crime topic area of Saland Law PC’s website at new-york-lawyers.org. Additionally, please review NewYorkCriminalLawyerblog.Com and search for Grand Larceny or review the NY Theft Offense, NY White Collar Crime and the NY Fraud Related Offenses sections of the blog. For further information on the types of Grand Larceny cases handled by Saland Law PC and the Grand Larceny results, please review the Case Results section of the website.

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Manhattan, home to Wall Street and other global institutions, has always viewed itself as the center of the financial universe in terms of growth, management and even fraud. Once again, however, the Queens County District Attorney’s Office may have taken a larger share of the “fraud pie.” According to the Queens District Attorney’s Office press release, 17 people, including two attorneys, have been arrested in a Mortgage Fraud and Grand Larceny scheme were 26 residential properties, valued at nearly $13 million, were used to defraud legitimate homeowners and lending institutions out of $3 million.

According to District Attorney Brown:

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To the likely chagrin of the hard partying summer Hamptons crowd, Suffolk County District Attorney Thomas Spota is already cracking down on the “fun” before the season has even started. District Attorney Spota has announced that twenty people have been arrested in a heroin ring in and around the East End of Suffolk County. It is alleged that as much as 2500 bags of heroin with a street value of $40,000 were being sold each week since the investigation began in October. Reports indicate that the bust was one of or the largest heroin drug rings ever taken down in the area. It is alleged that the crew made over two million dollars a year peddling heroin with names including “google,” “black ice,” “quicksand” and “privilege.”

According to law enforcement and local reports, 40 bags of heroin, 5.6 ounces of crack cocaine and more than $70,000 in cash was recovered from the home of Shawn Badgett when police executed a search warrant. Compounding matters, it is alleged at the time of the execution, Mr. Badgett was displaying his best Martha Stewart and Rachael Ray. However, instead of cooking a delectable treat, it is alleged that he was cooking cocaine.

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According to the New York Post, Manhattan District Attorney, Cyrus Vance, Jr. and his fellow chief prosecutors throughout New York City may have a problem on their hands. Mariem Megalla, an NYPD civilian lab technician, has been suspended by the NYPD from her job testing drugs and narcotics recovered by the police. Technicians such as Ms. Megalla are relied on by prosecutors from all of the New York City offices in pursuing criminal charges against those who possess or sell drugs and other controlled substances. Only time will tell whether the investigation reveals that Ms. Megalla did no wrong, was sloppy or perpetrated an intentional fraud. Having said that, one thing is certain. Right now, if the New York Post story is accurate, there could be numerous people charged with possessing or selling drugs in New York who should be contacting their criminal defense attorneys to ascertain whether or not Ms. Megalla tested the alleged controlled substances in their criminal cases.

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With the search by New York State to find money to plug the budget gap, prosecutors are continuing to come down hard on New York white collar crimes where restitution or asset forfeiture may be part of a disposition. Two sets of crimes, New York Insurance Fraud (Article 176 of the NY Penal Law and New York Grand Larceny (Article 155 of the NY Penal Law, are two such crimes. In fact, often times when one is investigated, arrested or indicted for Insurance Fraud in New York, the crime of Grand Larceny is an integral part of that investigation, arrest or indictment.

While I will not address the definitions of each of these crimes (extensive information on Grand Larceny in New York and Insurance Fraud in New York can be found through the respective links), an interesting question is as follows: If you are charged with both crimes, but ultimately you are acquitted of one of those crimes, can you still be convicted of the other or is it legally “repugnant” and invalid?

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Former New York Giant Linebacker, Lawrence Taylor (L.T.), was arrested in Ramapo, New York after he allegedly raped a fifteen year old girl at a Holiday Inn. Although the allegations are slowly coming out, it appears that Taylor will be charged with Rape in the Third Degree (New York Penal Law section 130.25). Rape in the Third Degree is an “E” felony punishable by up to four years in prison. Beyond the potential sentence, however, is the additional issue of registering as a sex offender.

Based on the alleged facts that are available now, the basis of the rape charge is due to the age of the alleged victim. New York Penal Law 130.25(2) makes it a crime for an individual twenty one years or older to have sexual intercourse with another individual under seventeen.

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