Most commonly, a person is guilty of Murder in the Second Degree, Penal Law Section 125.25, when he intentionally causes the death of another person. (There are other ways that one can be guilty of this charge as well, but this is by far the most common.) A person acts “intentionally” in homicide cases when…
Continue reading ›The possession of ecstasy is illegal in New York. Under the New York Penal Law, ecstasy (also known as “MDMA” or methylene-dioxy-methamphetamine) is classified as a hallucinogenic substance under Schedule I(d) of the Public Health Law. See Penal Law Section 220.00(10); see also Public Health Law Section 3306, Schedule I(d)(25-26). Even the simple private possession…
Continue reading ›On June 14, 2004, night club owner Neville Wells struck with his vehicle and and killed 37-year-old Judith Gubernikoff on Manhattan’s Lower East Side. A grand jury charged him with one count of murder in the second degree and assault in the first degree (both under depraved indifference theories), and one count each of vehicular…
Continue reading ›While it may seem somewhat counterintuitive, a “loaded” firearm is not a loaded firearm according to New York’s Penal Law. In common parlance, when one speaks of a loaded firearm, one thinks of a gun with bullets actually in it, such that the wielder need do nothing more than prep the gun by cocking the…
Continue reading ›The New York Penal Law makes it a misdemeanor to carry a variety of sharp weapons, such as gravity knives and switchblades. But even knives that you might not consider to be dangerous weapons can get you in trouble with the police. If you are found carrying a knife prohibited by the New York City…
Continue reading ›Q: In what cases do criminal courts issue orders of protection? A: Criminal Procedure Law Sections 530.12 and 530.13 authorize criminal courts to issue orders of protection when a criminal action is pending involving a complaint charging any crime or violation between family members, or for “good cause,” or upon a conviction in a case…
Continue reading ›The following is a simplistic chart explaining the license suspension consequences of a person’s refusing to submit to a blood or breath test upon being arrested for driving while intoxicated (DWI) or driving under the influence of alcohol (DWAI) in New York. It is not legal advice. If you have been arrested for or charged…
Continue reading ›Most of us have read about the recent Charlie Sheen affair at the Plaza Hotel. According to the New York Post, Sheen offered $12,000 for sex with actress Capri Anderson. Under New York’s Penal Law, Patronizing a Prostitute, PL 230.03:A person is guilty of patronizing a prostitute in the fourth degree when he patronizes a…
Continue reading ›Many New Yorkers are arrested each year for shoplifting. Some people, particularly those without prior criminal records, will be issued a desk appearance ticket by the New York City Police Department. Others will be taken to central booking, arraigned, and prosecuted for petit larceny under New York Penal Law section 155.25. For those new to…
Continue reading ›Latent fingerprint analysis is an oft-used investigatorial technique used to demonstrate a criminal defendant’s presence at a crime scene or a place where he or she is not supposed to be. In several reported decisions discussed below, probable cause to arrest can be found based on a latent fingerprint with the addition of some “plus”…
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