Matt Galluzzo of The Law Office of Matthew Galluzzo and the New York Criminal Defense Blawg was recently interviewed for a blog post on the Public Service Law net blog. You can read it here. Matt touches on his time at the New York County District Attorney’s office, the differences between being a prosecutor and…
Continue reading ›The Court of Appeals last week decided the case of People v. Roland Ramos. In a memorandum opinion, the Court ruled that the prosecutor failed to lay the proper foundation under Civil Practice Law and Procedure 4518 to support the admission of several sets of business records. As the Court stated in a seminal case…
Continue reading ›On November 18, 2009, the New York State Legislature announced the passage of Leandra’s Law. Hailed as the toughest DWI law in the nation, the legislation is designed to enhance penalties for those found guilty of drunken driving with a child passenger in the vehicle and require the installation of ignition interlock devices for all…
Continue reading ›The New York Criminal Procedure Law sets forth a mechanism by which certain records relating to cases resulting in convictions of violations, such as Disorderly Conduct, PL 240.20, or traffic infractions, such as Unlicensed Driving, VTL 509, are either returned to the person, destroyed, or sealed. CPL 160.55. As always, this entry meant to be…
Continue reading ›In a split decision authored by Judge Smith, a divided New York Court of Appeals decided a new case in the Molineux line on October 22, 2009. This was People v. Nasin Arafet, N.Y.L.J., Friday, Oct. 23, 2009, p.45 (New York Court of Appeals 2009). In Arafet, the defendant was charged with stealing the payload…
Continue reading ›New York 1 has recently reported that there will be yet another police “crackdown” on people who drive and talk on their cell phones at the same time. Crackdowns like this are becoming increasingly more common in New York, and many people are wondering what will happen to them if they are caught by the…
Continue reading ›People who are arrested may initially be confused when it comes to the difference between a crime and a violation (or infraction) in New York State. Generally speaking, a conviction of a crime carries with it a permanent criminal record whereas a violation (or infraction) disposition does not. This entry will point to some statutory…
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