In October of 2012, the Appellate Division of the Third Department, an Appeals Court in the State of New York, found a jury should have been instructed intoxication, without further evidence, did not establish reckless driving. Upon making this ruling, the court set aside the conviction of a defendant named Goldblatt. Goldblatt had been … [Read more...]
Driving While Intoxicated (DWI) Charges Dismissed
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 … [Read more...]
Speed Racing on the Long Island Expressway
Darnel Anderson, 25 years of age, decided to have a race with Darrel Squiers. The race took place on the Long Island Expressway in Nassau County, New York. Both drivers were speeding in excess of 100 mph. Darnel Anderson had two children in the car with him while he was racing his friend. In court documents, he stated "I knew we were going way too … [Read more...]
The Prosecution of Pedestrians
Recently, in Georgia, a pedestrian was convicted of vehicular homicide related to the death of her four year-old son. The boy was killed in a car accident caused by a hit and run driver. Raquel Nelson took a long bus ride with her three children. This was in April of 2010. At the end of the bus ride, she tried to cross the road directly in front … [Read more...]
NYC Child Welfare Workers Charged with Negligent Homicide
In March of 2011, two former New York City child care workers were charged with negligent homicide related to a girl's death. The girl was four years old at the time of her death. The child care workers had a responsibility to monitor her family's situation. Damon Adams was a child welfare worker who worked for the Administration for Children's … [Read more...]
Modification of Criminal Law
DWI's Generally driving while intoxicated convictions (DWI's) are not subject to being expunged. Instead, in some circumstances these records can be sealed. We can also obtain for our clients waivers of civil disabilities for individuals convicted of DWI's. This allows them to obtain commercial licenses in the future or have their commercial … [Read more...]
Loss of License for Talking on a Cell Phone
It is against the law to speak on a cell phone while driving a motor vehicle in the state of New York. This past summer, Justice Edmead, sitting in the Supreme Court located in New York County, suspended a driver's license for thirty-one days when she was found guilty of talking on her cell phone. The defendant argued that the courts … [Read more...]
Nassau County, New York’s Crime Lab is an Embarassment!
There have been recent disclosures with regard to the numerous problems faced by the Nassau County Police Crime Laboratory. Nassau County faces the potential that numerous individuals were convicted based on erroneous findings of the Nassau County Crime Laboratory. There is the potential for many lawsuits related to the poor quality of the testing … [Read more...]
Wrongfully Convicted
Mr. Warney was convicted for killing a man and a woman in Rochester, New York. He was sentenced to twenty-five years to life in prison. He had signed a confession admitting that he killed the man and woman. He later took the position that he was tricked into confessing. The innocence project at Cardoza Law School represents Mr. Warney. In … [Read more...]
Suffolk County Develops Gun Shot System
In March of 2010, Suffolk County deployed a gun shot detection system in the two square-mile area of Huntington. This gun shot detection system uses computerized sound sensors to pick up the sounds of gun shots. The system is designed to establish the location of the origin of the gunshot. It is accurate to within approximately eighty feet. The … [Read more...]
