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Blog Posts in 2013

  • On Christmas Eve, Governor Cuomo issued a press release, warning drivers throughout New York that the State Police and local law enforcement will be cracking down on drunk driving throughout the holiday season. The period between Christmas and New Year's is among the most dangerous on the roads, when the rate of drunk driving accidents spikes sharply. More drivers are getting behind the wheel ...
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  • Westchester County is a community with a higher concentration of immigrants than in other areas of the state. More than 24% of the population in Westchester were born in another country, compared with 22% in the rest of the state. In light of this, criminal defense attorneys throughout Westchester County have taken note of a recent ruling from the New York State Court of Appeals. As reported by ...
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  • At the end of October, The Journal News reported on the fact that the DWI laws in New York are being updated to impose tougher penalties for those who are caught driving drunk in Westchester County and statewide. Specifically, a DWI law commonly referred to as "Leandra's Law" is being beefed up with a harsher possible sentence for a conviction for driving while intoxicated with a ...
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  • At the end of October, it was reported that the United States Court of Appeals for the Second Circuit granted a stay of a ruling from August in a case involving the "stop and frisk" procedures of the New York Police Department. The NYPD had come under scrutiny in recent months over the numbers of warrantless stops that officers were making in the city, and the issue had ended up in ...
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  • On August 9 th, Attorney General Eric Holder made an announcement that sent shockwaves through the legal community: Under his direction, the United States Department of Justice would be making a major shift in the way that it prosecutes federal drug crimes throughout the nation. In the 1980s, the Federal Government enacted a series of laws that imposed notoriously tough minimum mandatory ...
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  • On January 15 of this year, the State Legislature passed the New York Secure Ammunition and Firearms Enforcement Act, commonly referred to as the NY SAFE Act. The law was developed in the aftermath of the Sandy Hook shooting and the intense nationwide debate over gun control that followed in the weeks and months following that tragic event. Governor Cuomo has referred to the SAFE Act as being the ...
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  • Police officers and the state Sheriff's Association have questions regarding the constitutionality of New York's SAFE Act which now requires police to confiscate improperly registered guns. The Sheriff's Association has joined a lawsuit seeking to overturn this law and rallies have been held at the Capitol attended by those seeking to have this law repealed. The law lowers the limit of ...
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  • If you are found guilty of stealing computerized Wall Street trading code, you may face a longer prison sentence. Right now, it is illegal to copy computer software without permission and the penalties are not stringent even if you have been found guilty of stealing an investment firm's software. However, under new proposed changes, the unlawful duplication of computer-related material may be ...
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  • According to the NYS White Collar Crime Task Force, there have been some updates to the New York State's white collar crime laws. A cyber crime is any crime in which a computer, smart phone or the internet is found to have been used to commit or conceal a crime. This new proposal expands the definition of “computer material” in an effort to aid in the prosecution of those who ...
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  • A new state law that was first introduced by Attorney General Eric Schneiderman in 2001 is in effect. It is called the Internet System for Tracking Over-Prescribing (I-STOP) law and it is essentially an online database to be used by physicians before they prescribe opioids and narcotic painkillers, and it is likely that this move to the on-line database may mandate that prescriptions be filled ...
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  • New York State has banned the sale, use, distribution and possession of bath salts or any product containing Mephedrone and MDPV. Governor Andrew Cuomo has signed the bill that bans the synthetic drug the NYS Medical Examiner's office said was found to have been the cause of death of two party attendees at the August 31 Electric Zoo concert. Bath salts are the chemical compounds Mephedrone, ...
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  • Tyler McNeely, who was charged with drunk driving in Missouri, won his case after justices had said that police should have obtained a search warrant before conducting a blood test. McNeely had refused a breathalyzer test, was arrested and sent to a hospital where he refused to take a breath test. As a result, a blood test was ordered over his objections and that is when it was discovered that his ...
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  • In an effort to save taxpayers billions of dollars, and to reduce overpopulated prisons, the Obama administration has taken steps to reduce the long jail sentences of nonviolent drug offenders. Prosecutors would omit the amount of drugs involved from those documents of accused nonviolent drug offenders. That way those with no previous significant criminal history (charged with low-level drug ...
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  • New York State legislators are working to pass a bill so the public can have easy access to information regarding those convicted of violent crimes. This proposed bill will likely be called Brittany's Law after 12-year-old Brittany Passalacqua. Both she and her mother were murdered by Brittany's ex-boyfriend after his release from prison in 2009. He was a convicted violent felon who had ...
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  • A federal judge has ruled New York's "Stop and Frisk" law unconstitutional. The Stop and Frisk policy is when a New York City police officer will stop a person if the officer suspects that person is in the process of (or may soon be) committing a crime. The policy permitted pat downs if law enforcement felt as if they were in danger. Mayor Bloomberg has said that this policy is the ...
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