This post will provide the basics on the oft-cited provisions of the New York City Administrative Code dealing with the possession of open containers of alcohol on the streets of New York City. Simply put, it is illegal to possess open containers of alcohol in public places in New York City. Found in the “Public…
Continue reading ›The topic of this post is New York Gang Assault Offenses, the crime defined in Article 120 of the New York Penal Law. Gang Assault can be described as a simple assault plus the “aided” element borrowed from the robbery statutes. There are two degrees of Gang Assault. The text of the base, or second-degree,…
Continue reading ›On Tuesday, February 16, the Appellate Division, First Department, reversed the 2008 conviction of Freddy Rodriguez. Rodriguez had been convicted in Bronx County Supreme Court of manslaughter, vehicular manslaughter, and two counts each of assault in the second degree, vehicular assault in the second degree, and DWI. The full text of the decision is available…
Continue reading ›Lil Wayne will be sentenced today in Manhattan Supreme Court after pleading guilty to attempted criminal possession of a weapon in the second degree in October 2009. According to the New York Post, he is set to receive a one year sentence. It is interesting to note that this is the same charge to which…
Continue reading ›In People v. Ortiz, 2010 NY Slip Op 00387, the First Department overturned a man’s burglary conviction on account of numerous prejudicial trial errors. First, the court noted that prosecuting attorney improperly impeached the defendant by implying that his initial plea of not guilty to certain past convictions followed by a subsequent guilty plea implied…
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 ›Criminal Procedure Law section 190.75[3] prevents a prosecutor from resubmitting a charge dismissed by grand jury absent leave of court. In People v. Davis, N.Y.L.J., Jan. 6, 2010, at p.34, the prosecution presented evidence to a grand jury (“GJ1”) concerning an incident in which the defendant and a co-defendant allegedly slashed the complainant’s face with…
Continue reading ›Among the constitutional protections afforded to Americans by the bill of rights is the Fourth Amendment prohibition against unreasonable searches and seizures. Of course, under the fourth amendment, police officers are not permitted to arrest or search a person without a warrant or probable cause. There are, however, a number of exceptions to this general…
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…
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