Wicked Statement not legally sufficient to sustain New York Harassment in the Second Degree
Some New Yorkers use flagrant language that some may find offensive. One has the right to do that. The First Amendment protects speech but not all speech. Penal Law Statutes in New York criminalize certain speech, such as threats. While folks from Brooklyn may tell you to fuhgettaboutit other New Yorkers may take offense to certain language perceived as a threat. The charge that is usually lodged by the New York Police Department is a Harassment in the Second Degree charge. T
Hacking the Plaintiff's E-mail warrants the Sanction of Striking the Defendant's Answer
Litigation can be brutal and some may try to win at any cost. In litigation, certain documentation created by Plaintiff and/or Plaintiff's attorney is for the purpose of litigation. Such records may be subject to attorney-client privilege. As the Court here notes, "privileged communication between plaintiffs' principal and their attorney and materials prepared for litigation that are the attorney's work product (CPLR 3101[b], [c], and [d]" may be kept from the other side, the
New York Civil Rights Law Section 50-A acts as a bar to Legal Aid's Freedom of Information Law R
New York's Freedom of Information Law (contained within the Public Officers Law) allows entities and persons the right to access agency records that do not fall within an enumerated exemption. At issue here is New York State Civil Rights Law Section 50-a which, ultimately, acts as a bar to records that were sought and received for quite sometime. The Supreme Court gives an eloquent summary of what was sought and the regular practice before denying The Legal Aid Society's peti
Suffolk County Speedy Trial Violation Reinstated by Second Department - Plaintiff States Failure to
The Plaintiff, a former criminal defendant, states that the Suffolk County District Attorney's Office violated his constitutional rights to, inter alia, a speedy trial. When a state actor violates someone's constitutional rights, 42 U.S.C. 1983 is the vehicle of which those claims can be brought in state or federal court. Here, the Plaintiff elected to bring his claims in state court, Suffolk County Supreme Court. The claims were brought and the defendant (Suffolk County) mov
Nassau County Criminal Defendant Motion to Dismiss Indictment Granted - Upheld on Appeal
We live in strange days. This case has to do with comments made in a lunchroom. Without commenting on political correctness or what one can or cannot say in society anymore without fear of arrest, this case is of particular interest because the Defendant was charged with making a terroristic threat (Penal Law § 490.20), a class D felony, based on, among other things, allusions to Columbine. The Defendant (a custodian/janitor) worked at a school in Nassau County and the Nassau
Criminal Possession of Weapon Overturned - Court Questioning so Prejudicial to Require New Trial und
Students, citizens and people who study American Law often hear that one is "innocent until proven guilty" and rather a (_____insert number here_____ ) "criminals should be freed rather than one innocent man (or woman) suffer." In reality, New York Criminal Defendants often face a system predisposed to plea bargaining (over 96%), defendants who suffer restrictions on their liberty (from orders of protection to bail) based on sworn accusations and, as seen in this case, a syst
Settlement of a FLSA action accomplished through a unilateral dismissal of the Complaint by Plaintif
Wage theft, or the failure to pay minimum wage or overtime wages as required by the Fair Labor Standards Act ("FLSA"), is a rampant occurrence throughout the United States. On a personal note, one of the strangest yet most satisfying parts about being a lawyer is explaining the law to someone from another country who does not seem to understand his or her rights. Yes, you have the right (in certain instances) to overtime wages and, yes, you have the right to minimum wage alth
New York Speedy Trial Rights Violated - Pro Se Defendant Obtains Dismissal of Criminal Possession of
This case is interesting because it is brought pro se with the assistance of stand by counsel. The defendant claims that his statutory (CPL § 30.30) speedy trial trials are violated to which the Court agrees. Here, “The pro-se defendant stands charged with the offense of Criminal Possession of a Controlled Substance in the Seventh Degree, pursuant to PL § 220.03.” The pro se defendant “moves pursuant to CPL § 30.30(1)(a) to dismiss the accusatory instrument on speedy trial gr
Traffic Stop transformed into search because of nervous passenger was illegal; Heroin and Oxycodone
Once a traffic infraction has been committed, officers may take appropriate protective actions for their safety. You should always understand you have the right to remain silent (so long as your tell the officer you are going to exercise that right) and the right to an attorney. This case deals with the suppression of drugs found as a result of nervousness - the passenger was unusually nervous. New York State Criminal Defense starts here - if you are stopped and the police as
