A “search” has taken place if the police officer’s method of observation involved the use of devices that substituted for his/her own perception. Pursuant to People v. Clark, 103 Misc.2d 498, 426 N.Y.S.2d 692 (Sup. Ct., N.Y. Co., 1980), when a police officer is in a common hallway and puts his/her ear to the door...
This guide will educate you and give an introduction on the beginning basics of search warrants. This guide applies to all criminal cases including, DWI, DUI and drug cases. Basic Concepts of Search Warrants Search warrants are governed by the Federal Rules of Criminal Procedure Law section 41 and New York Criminal Procedure Law 690....
Domestic violence case in Suffolk County dismissed on speedy trial grounds. Even after the DA’s office offered an adjournment in contemplation of dismissal, we said no and they opposed my written motion. I knew I was right and the judge agreed. Case dismissed.
I represented a woman in suffolk county in a domestic violence case where she couldn’t see her kids because of an order of protection. I submitted a motion to dismiss and the DA’s office agreed to adjourn the case for one year at which time the matter will be dismissed. And even better, the order...
I represented a defendant charged with Criminal Sale and Criminal Possession of a Controlled Substance, both class D felonies. After aggressive negotiations with the DA’s office, the client pleaded to disorderly conduct which is a non-criminal disposition that is at the same level as a traffic infraction.
I represented a client in Suffolk county on a domestic violence case. The District Attorney’s Office was very aggressive in its position to not plea bargain because the client had an extensive record. After reviewing the case, I was able to point out certain evidentiary problems with the prosecution’s case and rather than dismiss the...
Tivia Leith just filed a $30 million lawsuit against Nassau County alleging that she was racially profiled by police. Leith claims that she had just picked up her 9 year old son from school when she heard the lights and sirens. She asked the officer why she was being pulled over and the officer wouldn’t give...
Aggravated Harassment Statute Revived. On July 23, 2014, Governor Cuomo signed legislation, claimed by some, to crack down on domestic violence. The new law amends Penal Law section 240.30, Aggravated Harassment in the 2nd Degree, a portion of which was declared unconstitutional earlier this year in the case of People v. Golb, citation omitted. Subdivision...
“New York Penal Law statute 240.30, Aggravated Harassment is found to be unconstitutionally vague and overbroad. All I can say is that it is about time!!! This statute can be read online and it has been used for so many years now to unfairly prosecute, terrorize and incarcerate many people who did nothing more than...
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