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Caselaw on the “Nullity” Concept in Adjournment in Contemplation of Dismissal or Dismissed and Sealed Cases in New York
The Law Office of Matthew Galluzzo, PLLC Team

This post discusses some case law on the “Nullity” Concept in Adjournment in Contemplation of Dismissal or Dismissed and Sealed Cases in New York. An adjournment in contemplation of dismissal (“ACD”) pursuant to Criminal Procedure Law section 170.55 is an outcome defense attorneys commonly seek because of the very strong language contained in the final…

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Federal Appeals Court Undermines New York State’s Discretionary Persistent Felony Offender Sentencing Statute
The Law Office of Matthew Galluzzo, PLLC Team

On March 31, 2010, the Second Circuit Court of Appeals issued a landmark decision in which it held that a New York state sentencing law that gave trial judges the discretion to sentence repeat felony offenders to life sentences was unconstitutional. See Besser v. Walsh, 2010 U.S. App. Lexis 6704 (2nd Cir. Mar. 31, 2010).…

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Attorney Employs Technical Defense to win Acquittal in Criminal Possession of a Weapon Case
The Law Office of Matthew Galluzzo, PLLC Team

Attorney employs technical defense to win Acquittal in Criminal Possession of a Weapon Case. Matthew Galluzzo, of The Law Office of Matthew Galluzzo and the newyorkcriminaldefenseblawg.com recently won an jury acquittal in Manhattan for the firm’s client who had been charged with possessing a switchblade knife. The facts of the case were relatively straightforward. One…

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Matthew Galluzzo of GJLLP Wins Gravity Knife Trial
The Law Office of Matthew Galluzzo, PLLC Team

As fully reported in our blog — click here for the link — Matt Galluzzo successfully tried and won an acquittal for a client charged with felony weapons possession in New York Supreme Court. Galluzzo argued that the “gravity knife” at issue did not meet the statutory definition. The jury agreed and acquitted our client.

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Understanding the Arrest to Sentence Process in New York State Court
The Law Office of Matthew Galluzzo, PLLC Team

Many recent arrestees facing criminal charges are confused about how the court system will ultimately resolve their cases, or, put differently, what will happen to them. They may also have serious questions about how much time it will take and other general questions concerning the overall process. Generally speaking, a misdemeanor case can take anywhere…

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New York Bail Jumping Offense
The Law Office of Matthew Galluzzo, PLLC Team

According to the New York Post article, former New York Giants star Mark Ingram recently pleaded guilty to a federal bail jumping charge in Central Islip, NY. Under New York State law, bail jumping is the Penal Law charge designed to punish those who abscond while free on bail pending criminal charges. There are three…

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First Department Decides New Accessorial Liability Case; Judge Andrias Dissents
The Law Office of Matthew Galluzzo, PLLC Team

Yesterday the Appellate Division, First Department decided In re: Tatiana N., N.Y.L.J. (1st Dep’t April 8, 2010). The facts of the case were somewhat interesting: “This juvenile delinquency proceeding arose from events that occurred at a movie theater on East 161st Street in the Bronx, in which a family was subjected to a moviegoer’s worst…

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