The Elliot Schlissel New York Law Blog

Gaspari Gutierrez-Lucero was convicted in 2003 of attempted first degree sodomy.  The victim was the 6 year old daughter of his girlfriend. He received a sentence of three and a half years in prison and an additional five years of post-release supervision. On January 6, 2011, a hearing was held under the Sex Offender Registration Act (SORA). The purpose of the hearing was to determine the risk level classification of Mr. Gutierrez-Lucero. However since he had been deported, he could not be present at the proceeding to determine his risk level classification. His attorney, at the hearing, claimed the hearing should not go forward because his client was not present and he did not waive his right to appear at the hearing. The Court held since he was deported, he waived his right to be present at the hearing and the hearing could go forward in his absence.  At the hearing, Gutierrez-Lucero was adjudged to be a level one or “low risk” offender.

Gutierrez-Lucero Appeals

On appeal, Mr. Gutierrez-Lucero’s attorney claimed his due process rights were violated.  The Second Department (appeals court) held “[a] dangerous precedent would be established if, as urged by the Supreme Court and the People on appeal, the hearing court could simply obviate due process rights by designating a sex offender in a level one category. This reasoning would render the requirements of the SORA hearing for, the assignment of counsel to represent, a level one sex offender unnecessary.”

The Second Department’s decision clearly indicates individuals convicted of sex crimes are entitled to a hearing before their names can be maintained in the New York State Sex Offender Registry.  The court also held that Mr. Gutierrez-Lucero’s  deportation does not act as a waiver of his rights to a hearing.

Since Gutierrez-Lucero was convicted of a felony, it is unlikely he will ever be able to come back to the United States to participate in a hearing. How can a hearing be held?

In a case before Gerri Pickett in the criminal court of Kings County the Judge found the accusatory instrument charging an individual with driving while intoxicated was facially insufficient.  Her conclusion was based upon the fact there were no actual allegations supporting the charges essential elements in the accusatory instrument filed by the Kings County District Attorney’s office.

The accusatory instrument alleged that a police officer observed an individual named Padmore standing with a non-party named More.  The officer’s statement alleged Padmore stated “he hit and sideswiped another vehicle.”  Damage was caused to the other vehicle. Other individuals then drove his car away from the scene of the accident.  The officer further stated she observed Padmore to be intoxicated.

Evidence Of A Criminal Offense

The Court’s decision stated in New York Criminal Procedures Law Section 60.50 for an individual to be convicted, in addition to a confession, there had to be evidence the criminal offense was actually committed. The Court found the prosecution did not meet the minimum requirement of facial sufficiency. There is a question as to whether Padmore “operated the vehicle.”  Since no one saw Padmore driving the vehicle his own statement was the only proof of the officer’s conclusions. Since there was no corroborating evidence of driving while intoxicated, the Judge dismissed the case.

About The Author – New York Criminal Defense Lawyer

The Law Office of Elliot S. Schlissel has been representing men and women charged with misdemeanors and felonies throughout the metropolitan New York area for more than 34 years. Call the law office for a free consultation.

Brandon Paladino killed his mother-in-law. He was convicted of first-degree manslaughter on October 12, 2010. He is facing up to twenty-five years in prison.

His wife, Dina, recently died. She was the sole survivor of her mother, who was killed by her husband Brandon. The money that Dina was supposed to inherit from her mother would go to Dina’s next of kin, her incarcerated murderer husband, Brandon.

It seems, in this situation, that Brandon will come to benefit from his own criminal conduct. It is estimated that the mother-in-law’s estate is worth in excess of $500,000. At the time of Brandon’s conviction, there were no allegations that his wife Dina was in any way, form or matter associated with the death of her mother.

Criminal Defense Lawyers

We represent individuals charged with or about to be charged with crimes. We assist clients that are under investigation for alleged criminal activity. Our legal representation helps our clients with both misdemeanors and felonies. We also represent clients on drug offenses cases, domestic violence situations, juvenile matters, shoplifting, burglary, driving while intoxicated and other criminal charges. We assist our clients with bail. We attend arraignments and see to it that our clients are not incarcerated during the pendency of their cases. Call us. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

The Federal Bureau of Investigation (FBI) is conducting an investigation into a privately run prison in Idaho. The FBI has received a video showing prison guards watching an inmate being brutally beaten. The guards did not intervene in the beating. The beating stopped when the attacker decided he was finished beating his fellow inmate to a pulp.Hanni Elabed begged the guards for assistance. He was being viciously attacked by another inmate at the Idaho Correctional Facility. The guards didn’t help him. They simply watched him being beaten for a considerable period of time. During the course of the beating, Elabed’s attacker took a break. After the break, he continued beating Elabed.

Steven Pevar, a staff attorney for the American Civil Liberties Union, in an AOL telephone interview, stated “This is the most violent prison I have ever seen”. The ACLU is currently suing the Idaho State Prison officials due to the level of violence at the Idaho Correctional Facility.

Steven Pevar stated, “it’s as if gangs have taken over the prison, where decisions are being made that seem to be consistent with allowing gangs to strong-arm other prisoners.”

Numerous prisoners have reported to staff that they were beaten up when gang members told the prisoners they had to pay rent to live safely in that housing unit. The guards did nothing about it.

Criminal Defense Lawyers

If you are charged with a crime, we can help you. We represent individuals charged with misdemeanors and felonies. We litigate criminal charges involving drug offenses, domestic violence, assault and battery, juvenile defense, shoplifting, burglary and driving while intoxicated (DWI) cases. We can assist you in violent and non-violent criminal prosecutions. Feel free to call us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

On February 8, 2010, Israeli Embassador Michael Oren was to give a speech at the University of California in Irvine. The room was packed with more than five-hundred people. As Embassador Oren started to give his speech, on four separate occasions, individuals in the audience stood up and shouted. He was drowned out. He eventually walked off the stage. Embassador Oren, after a period of time, returned to the stage. On six additional occasions, he was heckled to the point of being prevented from giving a speech to the audience. On each occasion he was heckled, campus police escorted the individual that was heckling Embassador Oren out of the auditorium.

The University of California in Irvine suspended the ten students who heckled Embassador Oren. The students were members of the Muslim Student Union. The heckling was an organized event by the Muslim Student Union.

District Attorney Convenes a Grand Jury

Tony Rackauckas, the Orange County District Attorney, has convened a grand jury for the purpose of indicting the students. In the event an indictment is handed down by the grand jury, each of the students will be charged with a felony. This has raised questions as to whether heckling is protected by the First Amendment to the United States Constitution.

University of Berkley Law Professor Jesse Choper has stated, “I think it is quite clearly accepted that there is no First Amendment right to shout down the speech of another, especially in an organized talk.” The university community in Irvine is pressing the District Attorney’s office not to charge the students with criminal offenses.

Carol Sobel is the attorney representing the students. The students have been subpoenaed to appear before a grand jury. In a recent interview on the California public radio, she stated that grand juries are rarely convened to deal with misdemeanor charges. She is concerned that the District Attorney’s office is considering indicting the students for conspiracy based on the theory that their heckling the Israeli Embassador was planned in advanced. The Muslim Student Union denies these allegations.

Freedom of Speech

The Law Office of Elliot S. Schlissel can represent you if you are charged with a felony or misdemeanor. Should you be facing a grand jury indictment, it is important to be represented by an experienced criminal attorney. In addition, our law office represents individuals charged with possession of drugs, domestic violence cases, juvenile criminal matters, as well as driving while intoxicated cases. We help our clients with both violent crimes and white collar crimes. Call us if you need assistance at 1-800-344-6431; 516-561- 6645 or 718-350-2802.

James May, Jr. Of Melville, New York and his friend, Michael Hoenig, had gone to the Nutty Irishman Bar in Farmingdale with their friend Michael Rahner.  Michael was the designated driver for the group.

During the course of the evening, James May, Jr. and Michael Hoenig brought their friend Michael Rahner a series of drinks.  The boys were out drinking on December 2, 2007.  On the way home from the bar, there was a car accident and a passenger by the name of Ryan Luciere was injured.

New York has a Dram Shop Law.  This law makes bars financially responsible if a patron of theirs’ is served alcoholic beverages while intoxicated.

Ryan Luciere of Plainview sued the Nutty Irishman Bar for serving alcohol and beverages to Michael Rahner while he was intoxicated.  The attorney for The Nutty Irishman then sued Michael’s friends, Michael Hoenig and James May, Jr., claiming that when they bought drinks for Rahner, they were in violation of their oral agreement as to who would be the designated driver.  The Nutty Irishman sued these two men to reduce their financial exposure in the case.

Judge Randy Sue Marber rendered a decision on September 29, 2010, that stated that although the two friends may have had a moral obligation to avoid buying drinks for the designated driver, this created no legal responsibility for them.  She dismissed the lawsuit brought by The Nutty Irishman against theses two men.  It should be noted that Michael Rahner was charged with Driving While Intoxicated (DWI) after the crash.  Upon his trial on this criminal charge, he was acquitted.

About Our Firm

We have extensive experience in representing our clients on misdemeanor and felony charges.

Our office represents individuals charged with driving while intoxicated.  We also assist individuals who are injured in car accidents, wrongful death cases and who are injured as a result of a slip and fall.

If you have questions on these issues, feel free to contact us for a free consultations at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Jose Rodriguez was a wanted man.  Police tracked him down to a hotel in Fort Lee, New Jersey. The New York City police, New Jersey police and members of a federal task force found Rodriguez in his hotel room. They had tracked him down by intercepting his cell phone calls.  Overwhelmed by the police presence, Rodriguez surrendered. The police placed him in a police cruiser and handcuffed behind his back in the backseat.  The engine of the police vehicle was left on and the key in the ignition.  Besides from having his hands handcuffed behind his back, Rodriguez legs were also shackled together.  Rodriguez was left in the back seat for approximately an hour while police were working out the details of the numerous criminal charges against him.

Rodriguez Escapes

Rodriguez squirmed into the front seat from the rear seat.  He was somehow able to place the police cruiser into gear.  Unable to steer the vehicle with his hands handcuffed behind his back, he steered the vehicle with his knees.

14 Hour Manhunt

When the police realized that Rodriguez had escaped, a manhunt was undertaken to find him.  The police cruiser was located approximately five miles away.  In it were the handcuffs and leg shackles that Rodriguez had removed from his arms and legs. The keys left in the ignition also had a key that opened up the handcuffs and leg shackles.

Heavily armed police officers utilizing both dogs and helicopters searched the neighboring area.  Eventually they found Rodriguez.  Rodriguez was returned to the 43rd precinct in the Bronx.  He’s being charged with a November 1, 2001, shooting in the Bronx.Rodriguez has more than seven prior criminal arrests related to marijuana possession and robbery.  He also was a parole violator.  Thank God the police didn’t lose Mr. Rodriguez the second time they caught him!!

Criminal Defense Lawyer

Our law office has extensive experience in representing individuals charged with all kinds of misdemeanors and felonies.  We represent men and women charged with white collar crimes, violent crimes and sex crimes.  We represent our clients in driving while intoxicated (DWI) and weapons possession cases.  Should you, a friend or family member be the subject of an investigation or charged with a crime, call us!  We can help you.  You can reach us 24/7 at 1-800-344-6431, 516-561-6645 or 718-350-2802.

It was a summer night in 2007.  Lofemi Hightower and Dashon Harvey were in a schoolyard in Newark.  Lofemi was twenty years old and Dashon was eighteen years old.  There was another victim in this case who survived and testified at trial regarding the case.  She was sexually assaulted, slashed with a machete and shot in the head.

Playing in a Schoolyard

The boys and their friends were playing in the schoolyard when they were approached by five young men.  Melvin Jovel was one of the five young men.  Melvin, who was twenty-one at the time, and his five friends lined Lofemi Hightower and Dashon Harvey against a wall.  He then shot each of them in the back of their head killing them.

Jovel, an illegal Honduran immigrant, was involved with the MS-13 street gang.  The killing of the boys in the schoolyard was part of an initiation ritual for members of the gang.  The gang members had no knowledge who their victims were.

The victims either attended Delaware State University or had planned on attending Delaware State University.  They were listening to music on a summer evening of August 4, 2007, when their young lives were cut short.

At the time of the sentencing of Melvin Javel, Dashon Harvey’s father spoke.  He said, “my son was a beacon of light in our society, in which beacons of light are hard to find.”  He stated, “he made me proud to be his Dad in a society without a lot of fathers.”

Judge Melvin Ravin sentenced Melvin Jovel to three consecutive life sentences, plus twenty years.  This totals 245 years in jail.

The sentence is too short!

About Our Firm

Our firm represents individuals in all matters of criminal law, including those charged with misdemeanors and felonies.  We represent individuals alleged to have driven while intoxicated (DWI) and other vehicular crimes such as driving with a suspended license or driving without a license.

Should you be in need of a lawyer, call us.  Since 1978, we have been providing high-quality professional legal services for our clients at reasonable fees.  Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

Ayala works for the Human Resources Administration.  He is a security officer.  He is currently under investigation for physically assaulting individuals in two separate incidents during a three week period.  William Broady went to the welfare office on September 22, 2010.  He was applying for Medicaid.  He waited for hours and hours and, in the end, he was told to come back the next day.

William was unhappy.  He went back in and sat down in the welfare office.  He stated, “I’m not leaving until you help me”.  He was approached by Wilfredo Ayala.  Wilfredo grabbed him by the collar and dragged him into the hallway.  He then threw him on the floor.  He hit him in the eye with his flashlight.  He then hit him in the nose with his flashlight. William was now in pain.  He begged to leave; however, Wilfredo was not done.  He put him in a choke hold.  He then took him to the HRA locker room.  He charged him with a felony assault and resisting arrest.  When the police were called to the scene, William was taken to the hospital.

INCIDENT #2

On the date of Ebony’s incident, Ebony was fourteen weeks pregnant.  On that date, at approximately 4:20 p.m., her case was too complicated to be handled by one of the clerks at the welfare office.  He told her that she should leave and come back the next day.  She advised the clerk how unhappy she was with him.  She asked that a supervisor intervene to help her.

She claims thereafter that a man in shorts suddenly came up behind her husband.  He started yelling something and then grabbed her husband around the neck.  He then slammed her husband’s head on the desk and then onto the floor.  A second security officer, under Wilfredo’s direction, grabbed her and dropped her to the floor.  Thereafter, both she and her husband were handcuffed and given summonses for harassment.  She started to bleed and was taken to the hospital and released ten hours later.  As a result of the incident, she suffered a miscarriage.

Wilfredo Ayala’s actions were uncalled for, irresponsible and criminal.  He should be charged with committing an assault.  The individuals beaten by him should sue both him and the Human Resources Administration related to his assaulting of people coming to their office seeking help.

Personal Injury Attorneys

If you are assaulted and receive injuries, we can help you.  No one has the right to attack you.  Our office has represented individuals in all types of personal injury matters for more than thirty years.  We assist our clients with injuries received in car accidents, truck accidents and slip and fall accidents.  We represent families whose loved ones have been involved in a wrongful death situation.

Should you be assaulted, the individual assaulting you should be charged with either a misdemeanor or a felony.  For help with legal matters, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

It was the 1990′s in Billings, Montana.  Tammy Schnitzer and her five-year-old son, Isaac, had placed a Menorah in Isaac’s bedroom window.  They were celebrating the Jewish holiday of Chanukah.  Without warning, a large cinder block careened through their window.  Glass was shattered throughout the room. The Menorah was destroyed! This is one of several incidents in Billings, Montana that took place in the 1990′s.  There were other acts of intolerance aimed at both Jews and black Americans.

Tammy Schnitzer did not hide from these incidents.  She did not let these senseless acts control her lifestyle.  In Billings, Montana, the community spoke out.  A newspaper in Billings published a picture of the destroyed Menorah.  Ten thousand copies of this picture were displayed in homes and businesses in the city of eighty thousand.  Residents also took action, standing side-by-side with an African-American church to show solidarity regarding an incident in which insidious remarks were spray-painted on the church.

In November of 2010, Tammy Schnitzer spoke at the Merrick Long Island Jewish Center.  Her speech was on the Anniversary of Kristallnach.  In English, this means “The Night of the Broken Glass”.  On November 8th and 9th of 1938, Nazis throughout Germany killed dozens of Jews. More than two hundred synagogues were torched. Three thousand Jews were rounded up and sent to concentration camps.  Jewish stores, businesses and places of worship were broken into and destroyed.

Rabbi Charles Klein of the Merrick Jewish Center also spoke on November 8th.  He talked of rising intolerance in the United States; an example of which was the murder of Marcello Lucero in Patchogue.  Marcello Lucero was a Ecuadorean immigrant who was murdered by white youths as part of a hate crime.

Tammy Schnitzer has been giving talks about intolerance throughout the United States.  She has grown famous because of a television movie made about what happened to her and her family in Billings, Montana.  Bill Clinton, when he was president, appointed Tammy Schnitzer to a hate crimes advisory committee.

Tammy said in her speech, “Hate truly was dividing my community”.  Tammy says that hate cannot be eliminated, but you can create a platform to discuss it and educate people.  With education and teaching tolerance, blind hate can be overcome!

Long Island and New York City Criminal Defense Lawyers

The Law Office of Elliot S. Schlissel have been representing individuals charged with misdemeanors and felonies for more than thirty years.  We represent numerous people each year in Driving While Intoxicated (DWI) cases.  We help reduce criminal charges and sometimes eliminate charges regarding shoplifting (petty larceny) charges and driving with a suspended driver’s license.  Should you need legal assistance, please contact our office at 1-800-344-6431, 516-561-6645 or 718-350-2802.