New York Criminal Lawyer Blog

July 30, 2009

Menacing in the Third, Second and First Degree: New York Penal Law 120.15, 120.14 and 120.13

Your family is looking for an experienced New York City criminal defense lawyer because you are alleged to have followed someone around for a few hours intimidating them. You threatened to strike someone with a bat and severely hurt them. Although shots were not fired, you threatened another person with a firearm and placed him in fear for his life. While each of these sets of facts may establish numerous crimes, all of them may establish some degree of Menacing in the First, Second or Third Degrees pursuant New York Penal Law 120.15, 120.14 and 120.13 as follows:

NY Penal Law ､ 120.15

July 29, 2009

The New York Grand Jury, Plaxico Burress and Any Person Accused of a Crime: Beyond a Possible Indictment What Happens Behind Closed Doors

by Jeremy Saland

As I type, it is likely that Plaxico Burress is sitting in a Manhattan Grand Jury testifying about the events that ultimately resulted in his arrest for possessing a loaded firearm in New York and being charged with Criminal Possession of a Weapon in the Second Degree. As a former Manhattan prosecutor who served for seven years under Robert Morgenthau and who has cross-examined many defendants in the Grand Jury and represented clients in the same, I have unique insight that many New York criminal defense attorneys do not. The following entry will address some of what happens in this “secret proceeding.”

What is the Grand Jury

July 27, 2009

Plaxico Burress Looking at Jail for Gun Possession: Manhattan DA Presenting Weapon Case to Grand Jury

by Jeremy Saland

Saland Law PC has been following the Plaxico Burress case since its inception. In fact, Jeremy Saland’s legal analysis has been sought out and utilized by CNNSI.Com, AM-NY and the NJ Star Ledger. Well, according to the NY Post, legendary Manhattan DA Robert Morgenthau is seeking a term in state prison for Plaxico Burress while one of his prosecutors begins presenting the wide receiver’s Gun Possession case to the Grand Jury. Mr. Burress is due back in Manhattan Criminal Court Part F on September 23. If a Grand Jury indicts Mr. Burress for the charge of Criminal Possession of a Weapon in the Second Degree for possessing a loaded firearm, however, the case will be adjourned to the Supreme Court Criminal Term in Manhattan for his felony arraignment on the indictment.

If the NY Post is correct, Mr. Morgenthau has been seeking two years of state prison while the defendant’s attorney has stated Mr. Burress refused to do more than a year on Riker’s Island (which would likely be much less due to “good behavior”).

July 26, 2009

NYC Criminal Defense of Prostituion Related Crimes: Promoting Prostitution

by Jeremy Saland

The various sections of the criminal code addressing Promoting Prostitution, pursuant to New York Penal Law sections 230.20, 230.25, 230.30 and 230.32, set forth some of the most serious crimes relating to Prostitution (Penal Law 230.00) in New York State. As a former Manhattan prosecutor and criminal defense attorney who has prosecuted offenders and represented those accused of Prostitution related offenses, I have seen these statutes in action. While the reasons why and the logic behind the severity in which these crimes are pursued by law enforcement is a discussion for another day, it should be overwhelmingly clear to anyone who may be involved in these crimes – the NYPD and the District Attorney’s Offices throughout New York City take these offenses very seriously.

Dealing specifically with the crime of Promoting Prostitution, this blog entry will address each degree of this offense and the potential punishment associated with the crimes. Before doing so, however, you need to have a basic understanding of some terms as follows:

July 22, 2009

Office Manager Gives Herself an Unauthorized Raise: $1.7 Allegedly Stolen from Arcadia Investment Partners

by Jeremy Saland

Some people should just keep white collar criminal defense attorneys on retainer. It seems that at least once every week or two, someone is arrested or indicted for Grand Larceny. While an arrest or an indictment certainly is not evidence of guilt, accusations of “sticky fingers” seems to be all the rage right now. Fortunately for the clients of Saland Law PC, top Manhattan based white collar criminal defense lawyers, our clients accused of these crimes have utilized our experience and knowledge to get tremendous results. In fact, in the past year each one of them has avoided jail and in some cases criminal records altogether for alleged thefts ranging from $20,000 to the tens of millions of dollars. As former Manhattan Assistant District Attorneys under Robert Morgenthau, we know how prosecutors build, investigate and prosecute these cases. Hopefully for Ms. Diana Lucretia Montague-Griffin’s sake, she retains a criminal defense attorney who can keep her from spending from up to the next 25 years in state prison.

According to the Manhattan District Attorney’s Office, Ms. Montague-Griffin worked at Arcadia Investment Partners, a Manhattan-based private investment firm. While working as the office manager, Ms. Montague-Griffin allegedly made unauthorized wire transfers and forged signatures on checks totaling $1.7 million. From about January 2006 through December 2008, it is alleged that Ms. Montague-Griffin withdrew approximately $375,000 in cash, spent $250,000 to renovate her home and $59,000 for an in-ground pool. It is further alleged that Ms. Montague-Griffin spent thousands of dollars each month on personal items such as hair and skin products, dental care, dining and clothes. Her alleged spending of the firm’s money included other purchases at department stores and online including Nordstrom, Macys, QVC, Amazon.com, Target, JC Penny, and Wal-Mart. It is nor clear how much, if any, of the money is still in Ms. Montague-Griffin’s possession.

July 21, 2009

Chase Banker Allegedly Defrauds Client of Over $100,000: Fake ATM Card Used

by Jeremy Saland

Robin Katz, the financial analyst at Chase Bank who was arrested for siphoning over $100,000 from a client, may have used a fake ATM card to perpetrate her alleged crime. As a NY criminal defense attorney at Saland Law PC who has had tremendous results representing clients in white collar crimes and as a former Manhattan prosecutor who spent years assigned to the Identity Theft Major Case Unit, it is clear that we are only seeing the tip of the iceberg. While that is not an assertion that more allegations will be made against Ms. Katz, it is likely that law enforcement has not released to the public or discovered all of the ways in which this crime was allegedly perpetrated.

A review of the charges against Ms. Katz reveals that she is currently charged with Grand Larceny in the Second Degree as well as Identity Theft in the First Degree. However, if the facts come out as the media has portrayed, I expect that Ms. Katz could be charged with additional crimes. For example, if the ATM card has been recovered or there is evidence that she wrongfully created it, she could be charged with Criminal Possession of a Forged Instrument in the Second Degree for physically having it or Forgery in the Second for creating it. Additionally, if she altered Chase records or deleted records to cover up her alleged theft, then prosecutors could charge Ms. Katz with Falsifying Business Records in the First Degree as well. Although Grand Larceny in the Second Degree is the most serious of the offenses and punishable by up to fifteen years in state prison, Criminal Possession of a Forged Instrument and Forgery in the Second Degrees are punishable by up to seven years in prison while Falsifying Business Records in the First Degree is punishable by up to four years in prison. Regardless of the amount of time she faces, I expect that her time in Rikers and $50,000 bail has made it overwhelmingly clear that any jail time is devastating.

July 21, 2009

Recent White Collar Case Results: White Collar Criminal Defense Firm Gets Top Results for Clients

by Jeremy Saland

On a regular basis, individuals in New York such as Robin Katz (the Chase banker recently arrested in Manhattan for Grand Larceny), Lawrence Salander (the Manhattan art gallery owner) and Anthony D. Marshall (the son of Brooke Astor) are accused of white collar crimes. As a result, the accused seek counsel from experienced white collar criminal defense attorneys and lawyers who will zealously advocate for their clients regardless of the circumstances they may face.

Saland Law PC, understands how important dedicated and experienced counsel is and believes in the philosophy that it is not merely working tirelessly that is crucial, but it is equally as critical to identify and set into motion a well orchestrated plan to preserve our client’s liberty and good name. As New York white collar criminal defense attorneys and as former Manhattan prosecutors under Robert Morgenthau, we know how to not only construct a case from the perspective of law enforcement, but how to take it down as well. Certainly, each case requires its own distinct analysis, but our experience has paid off for our clients in white collar crimes involving offenses such as Grand Larceny, Criminal Possession of a Forged Instrument, Forgery, and Falsifying Business Records.

July 20, 2009

Criminal Possession of a Forgery Device (New York Penal Law 170.40): Criminalizing Equipment to Perpetrate Fraud

by Jeremy Saland

The crimes of Forgery (NY Penal Law 170.50, 170.10 and 170.15) and Criminal Possession of a Forged Instrument (NY Penal Law 170.20, 170.25 and 170.30) are crimes that White Collar criminal defense attorneys handle or deal with on a regular basis. Whether the facts revolve around counterfeit money, falsified mortgages or even fake credit cards, somewhere prior to committing the Forgery or Criminal Possession of a Forged Instrument, the item in question had to have been created. Although the police usually only get their hands on the finished product, i.e., the fake credit card, there is a distinct and separate crime of Criminal Possession of Forgery Devices that relates directly to the creation of these fraudulent items.

According to Penal Law 170.40, Criminal Possession of a Forgery Device, a person is guilty of this crime when (1) he makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments; or (2) with intent to use,or to aid or permit another to use, the same for purposes of forgery, he makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use. This crime is a “D” felony punishable by up to seven years in state prison.

July 16, 2009

Best Possible Outcome: NY Criminal Defense Lawyers at Saland Law Obtain Dismissal of Assault in the Third Degree (PL 120.00)

by Jeremy Saland

Saland Law PC, one of the top New York City and Manhattan based criminal defense firms, is pleased to announce the dismissal of the criminal charge of Assault in the Third Degree, pursuant to NY Penal Law 120.00(1), against our client. The case, a difficult one to defeat, involved an alleged altercation between our client during a “road rage” type incident.

After our client’s car was struck by the complainant’s vehicle, our client, driving a mini-cooper, confronted the complainant over the incident. Our client exited the mini-cooper and approached the other vehicle. To the “big” surprise of the complainant, the man who stepped out of the mini-cooper was 6’10 and 320 pounds (I can’t speculate how he got into that mini-cooper). As the incident unfolded, the police claimed they observed our client strike the complainant through the window of the car. Ultimately, our client was arrested.

July 16, 2009

Endangering the Welfare of a Child: Must Harmful Conduct Be Direct at the Child?

by Jeremy Saland

As a NY criminal defense attorney I have drafted numerous entries dealing with the crime of Endangering the Welfare of a Child. It is a serious crime with ramifications beyond the criminal law and a crime that people from all walks of life – from lawyers and physicians to construction workers and bus drivers – can face. Once again I am writing an entry on this crime. Only a few weeks ago, a noteworthy New York criminal court decision, and one you should be aware of, regarding Endangering the Welfare of a Child was handed down.

In People v. People v. Franklin Lora, 2008NY083374, decided March 26, 2009, the defendant, in the presence of his two children under the age of five, allegedly placed a gun to his wife’s head and threatened to kill her. The defendant’s attorney argued that the complaint against his client should be dismissed for facial insufficiency because the defendant’s conduct was directed at the wife and not the children. In other words, because the children merely were present and not part of the underlying crime that was the basis of the endangerment, the charge of Endangering the Welfare of a Child cannot stand.