On May 13, 2014, the New York State Court of Appeals (the highest court in New York State), declared New York's criminal harassment statute, Penal Law section 240.30(1)(a) unconstitutionally vague and over broad. Under the statute it is a misdemeanor to "harass, annoy, threaten or alarm" another person either in writing or verbally if it was … [Read more...]
Nassau County’s Drug Treatment Court
Nassau County established a Drug Treatment Court in 2009. The purpose of the court is to allow individuals charged with drug related felony charges to rehabilitate themselves and avoid going to jail. Recently eighteen graduates from the Nassau County Drug Treatment Court Program had a celebration. This was the thirtieth graduation from the … [Read more...]
Intoxication, Without More Evidence, Does Not Establish Reckless Driving
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...]
Permanent Revocation Of Driver’s Licenses – Part I
At the request of New York Governor, Andrew Cuomo, the New York State Department of Motor Vehicles (DMV) has issued new regulations that will require the permanent revocation of driving privileges in the State of New York. In addition, the Department of Motor Vehicles can also set up a re-licensing procedure that takes a very long time for an … [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...]
Nassau County Teenager Court
Nassau County, Long Island, now has a new pilot program designed to help 16 and 17 year olds charged with a crime avoid going to jail. Nassau County is one of nine counties throughout New York State to have a specific court designed to hear cases involving 16 and 17 year olds who previously have been treated as adults subject to criminal … [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...]
Go – kart DWI, A First
Can you receive a driving while intoxicated (DWI) criminal charge for driving a go - kart? The answer to that question is yes. Lennon Safati, age 18, has been charged with a felony for driving while intoxicated, endangering the welfare of a child and other criminal charges. Lennon violated New York's Leandra's Law. He was driving a go - kart while … [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...]
