Articles Posted in Current Events in Criminal Law New York

The Wall Street Journal has reported that 106 people will be arrested soon for allegedly committing social security fraud in connection with post-9/11 trauma and mental illness claims. According to reports, the prosecution’s theory will be that certain individuals provided false information in claims filings which led to huge, unjustified benefits receipts. Specifically, it appears…

During the frenzied pre-Christmas shopping period, hundreds of alleged New York shoplifters will inevitably be stopped and arrested by over-aggressive store security guards in the giant retail stores like Macy’s, Bloomingdale’s, J&R, Century 21, Barney’s, and Sak’s Fifth Avenue. Typically, those people will be taken into store security rooms and interrogated by security guards. In…

New York Assmeblyman Edward Braunstein, who has previously proposed legislation to combat and criminalize the growing phenomenon of revenge porn, has proposed a new bill relating to the investigation and prosecution of sex crimes. Specifically, he has proposed legislation requiring universities to report rape allegations to local law enforcement. Although this proposal has some appeal,…

New York state assemblyman Edward Braunstein has proposed legislation to combat the growing problem of “revenge porn,” or the non-consensual disclosure of sexually explicit images. All too often, after a consensual sexual relationship ends, a bitter ex-husband or ex-boyfriend lashes out by posting sexually explicit images of his former lover on the internet. (Note: It…

We have encountered countless people that have been surprised to discover that their knives were illegal. Indeed, for a long time, many knives that are technically illegal in New York were readily available for sale in stores like Home Depot. To this day, many can still be easily purchased online and in various hardware stores,…

Generally speaking, an offer of an Adjournment in Contemplation of Dismissal (“ACD”) to resolve criminal charges is usually an attractive plea bargain offer to a criminal defendant. After all, pursuant to New York CPL 160.50, individuals receiving ACD’s usually have their cases dismissed and sealed and deemed nullities after six months (or one year in…

Criminal defendants in New York fortunate enough to win acquittals or have the charges against them dismissed often face an additional unanticipated but thorny problem: their internet reputations have been destroyed. A number of websites such as the New York Post, the Villager, Downtown Express, and others maintain “police blotters” columns, in which they post…

A recent article in CNN declared that 60% of the cigarettes sold in New York had been smuggled in from out of state so as to avoid the onerous New York state cigarette taxes. This is somewhat unsurprising, given that New York state imposes a $4.35 tax per pack, and New York City an additional…

Today, a ferry traveling from New Jersey to Pier 11 in Lower Manhattan and carrying 326 passengers (as well as 5 crew members) crashed into the pier at a high rate of speed causing numerous injuries. As of the time of this post, two passengers were listed as being in critical condition. This particular boat,…

The most serious crimes in New York state law are classified as Class A-I felonies; one of these Class A-I felonies is Murder in the First Degree, Penal Law Section 125.27. The majority of homicides in New York are prosecuted pursuant to Penal Law Section 125.25 (Murder in the Second Degree). However, especially violent and…