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Gravity Knife Not Admitted into Evidence, Case Dismissed

gravity-150x150In a recent case in New York County, Judge Martino, sitting in the Family Court, dismissed a juvenile proceeding. The juvenile was walking in February in what the police referred to as a high crime area. Police officers saw the juvenile walking alone. He was wearing a winter jacket and had a black ski mask. When the juvenile saw the police officers, he changed directions. He also put his hands in his pocket while walking away. The police officer stopped him and questioned him. They asked if he had any weapons on him. They then searched him and found a gravity knife.

Appeal Taken

The Appellate Division, an Appeals Court, held that looking startled and walking away from police officers is not criminal behavior. This does not generate a reasonable suspicion that a crime has been committed. The court thereafter ruled that the police officers did not have the level of suspicion necessary to ask questions that could be incriminating, even in a high crime neighborhood. The court rule also found that wearing a ski mask and a heavy jacket in February while putting one’s hands in one’s pocket did not rise to the level of suspicion required under common law to indicate a crime was committed. The knife was suppressed, the case was dismissed.


Criminal Defense Lawyer

If you have been charged with a crime or are under investigation for committing a crime, the Law Offices of Schlissel DeCorpo can help you. We represent individuals charged with a variety of offenses including, but not limited to, white collar crimes, violent crimes, sex crimes, weapons possession, drunk driving (DWI), shoplifting, burglary, juvenile defenses, assault and battery, domestic violence, drug offenses and all types of felonies and misdemeanors. Call us should you have criminal problems. We can help you!

Smoker Told to Take Doctor’s Advice or Return to Jail

court1-150x150Mrs. McCloud was released from jail three months early to have a heart transplant. She ignored the advise of her doctors to stop smoking. She now either has to stop smoking, pursuant to the order of Judge Francis D. Ricigliano, or go back to jail!

Nassau County District Judge Francis D. Ricigliano told Diane McCloud that she must stop smoking. She also must submit to drug testing and she must comply with her doctor’s requests.Ms. McCloud had been jailed after being convicted of taking $4,000 in merchandise from a Target store located in Westbury, New York. While she was incarcerated, her health went down hill. Her doctors determined she had less than six months to live. Justice Ricigliano felt sorry for Ms. McCloud and released her from jail, under the condition that she take all necessary steps suggested by her physicians to obtain a heart transplant.

Ms. McCloud’s physician, Janjay Doddamani, the chairman of the cardiology department in Nassau County University Medical Center, contacted Judge Ricigliano. He advised the Judge and the District Attorney’s office that Ms. McCloud had not been cooperating with him.

Ms. McCloud was brought back before the court. Judge Ricigliano made it clear that, unless she complied with her doctor’s requests to stop smoking, he would send her back to jail and she would not have the opportunity to receive a heart transplant. Hopefully she is complying to the Judge’s order.

Criminal Defense Lawyer

The Law Offices of Schlissel DeCorpo represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), shoplifting, burglary, juvenile offenses, assault and battery, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

Guns, Guns, Guns

NRAThe National Rifle Association takes the position that every American should have a gun. There are numerous proposed laws backed by the National Rifle Association pending in the State Legislatures. These new statutes are based on the proposition that one of the big problems we have in the United States is that there are not enough people who carry guns. State Representative Hal Wick of South Dakota submitted a bill to the State Legislature requiring every adult citizen to purchase a gun.

State Legislation Regarding Guns In Public Places

In Georgia, individuals can carry guns into bars. In Arizona, you no longer need a permit to carry a concealed weapon. The State of Utah is working on establishing an official state gun. Numerous states are in the process of developing statutes that would stop college universities from barring firearms on campus.

Police Use of Guns

Bill Bratton, the former New York City Police Commissioner, stated, “police on average for every ten rounds fired, I think actually strike something once or twice and they are highly trained.” Proposals to give everyone guns will create more problems because the majority of the people who utilize guns are not as well trained as police officers. Therefore, if a gun is shot ten times, it is much more likely that innocent bystanders will be harmed instead of the individuals committing crimes. It is more likely that the well intentioned, poorly trained gun owner will shoot the victim, not the assailant.

Criminal Lawyer

Our law office represents individuals charged with the following criminal offenses: violent crimes; white collar crimes; sex crimes; weapons possession; driving while intoxicated (DWI); shoplifting; burglary; juvenile defense; assault and battery; drug offenses; domestic violence and all other types of misdemeanors and felonies. If you, a friend or loved one is either being investigated for a crime or charged with a crime, call us for a free consultation, we can help you.

Nassau County, New York’s Crime Lab is an Embarassment!

crime1There 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 work performed by the Nassau County Crime Laboratory.

History of Problems

Crime Laboratories

The police and the district attorneys’ offices rely on crime laboratories to process data related to drugs and other compounds seized by the police. When the crime laboratory’s integrity is challenged, it undermines the credibility of the entire law enforcement system.
Bad lab results can result in improper convictions. Individuals can be convicted of crimes they did not commit. Forensic evidence which includes blood samples, fingerprints and hair analysis is necessary for the investigation and prosecution of criminal cases.

There have been many failures regarding the crime laboratory in Nassau County. Television viewers throughout the United States are familiar with the excellent work that can be accomplished by well-organized, sophisticated forensic investigations of a crime. The CSI television programs are largely responsible for educating the American public regarding these matters.

Presumption of Innocence

Approximately four years ago the Crime Laboratory was placed on probation by the American Society of Crime Laboratory directors. They took this action due to the poor quality of the analysis of drugs taken from criminals by the police. In 2010, the New York State Commission on Forensic Science conducted an inspection of the Nassau County Police laboratory. This resulted on the laboratory being placed on probation a second time. In February of 2011, all testing on narcotics in the laboratory ceased.
Individuals charged with crimes are presumed innocent until proven guilty in a court of law. Individuals charged with crimes are entitled to due process. This amounts to a fair and impartial legal system. There can be no due process when the police and prosecutors are relying on faulty, inaccurate, erroneous laboratory results caused by a flawed poorly run crime laboratory.

Criminal Defense Lawyers

If you are charged with a crime, the Law Offices of Schlissel DeCorpo can provide you with aggressive legal representation. We experienced in representing individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes, violent crimes and other misdemeanors and felonies. We can assist you and help you save your license if you’re charged with traffic tickets. Feel free to call Elliot S. Schlissel, Esq. at 516-561-6645, 718-350-2802 or 1-800-344-6431. Our phones are monitored 24/7.

Violent Assault on Priest Related to Sexual Abuse

priests-150x150Approximately thirty-five years ago, William Lynch and his brother were sexually abused by a Jesuit priest. During the past thirty-five years, he has dealt with issues involving depression, nightmares and suicide. He had lived with anger and pain for more than three decades.

A Priest Rapes And Molests Five and Seven-year-olds

William was five-years-old and his brother was seven when they were raped and forced to have oral sex with each other by Father Lindner. Father Lindner, a Jesuit priest, forced them to do these sexual acts, then watched them for his own amusement.

Father Linder, now sixty-five years of age, has been accused by a dozen people of sexual abuse. Among those he abused were his sister, nieces and nephews.

Payment of $625,000 in Damages in 1998

In 1998, Mr. Lynch and his brother settled a lawsuit brought for sexual abuse against Father Lindner and the Jesuit Roman Catholic Order. They received a $625,000 settlement related to Father Lindner abusing them in 1975 during a weekend camping trip in the Santa Cruz Mountains.

Father Lindner has also been named in two additional lawsuits involving sexual abuse. These cases involved in a $660 million dollar settlement struck between the Catholic Church and approximately 550 sexually-abused individuals in 2007.

Anger Boils Over

Mr. Lynch let his anger and depression get to him in May of 2010. On May 2010, Mr. Lynch drove himself to the Jesuit Sacred Heart retirement home in Los Gatos, California. He confronted Father Lindner. He brutally beat him on the face and body.

Mr. Linder was charged with criminal assault. His attorney has plead not guilty and the case is currently pending. Mr. Lynch said “I wanted to exorcise all of the rage and anger and bitterness he put into me. You can’t put into words what this guy did to me. He stole my innocence and destroyed my life”.

I question whether any jury will find Mr. Lynch guilty of taking his revenge for the insidious, incredible and outrageous actions of Father Linder.

About Our Law Firm

The Law Offices of Schlissel DeCorpo is a full-service law firm. We have a staff of five lawyers and an equally dedicated support staff to assist us in representing individuals. We handle all types of criminal cases. We represent individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, shoplifting, burglary, driving while intoxicated, weapons possession and other types of misdemeanors and felonies.

We represent individuals charged in sex crimes, white collar crimes, violent crimes and we also can handle traffic tickets. We assist our clients by making bail arrangements to have them released from jail. Should you and friend or family member be charged with criminal matter feel free to contact us at 1-800-344-6431, 718-350-2802 or 516-561-6645.

We are aggressive and experienced criminal defense lawyers.

Not Your Average Domestic Violence Case

phones1-150x150An unnamed woman had previously claimed in New York that her boyfriend called her more than 300 times from jail. She testified to this before a grand jury. The purpose of the phone calls were to intimidate her into refusing to testify against him at the time of trial.

The case is entitled People v. Smith. It is pending in Brooklyn before Justice D’Emic.

Grand Jury Testimony To Be Used At Trial

The woman involved was so intimated by these phone calls and the treats made in these phone calls that she is no longer willing to cooperate with the district attorney and testify at trial.

Although the principal means by which the credibility of witnesses is tested is cross-examination, there will be no cross examination in the trial of Daryl Smith. The woman who has accused him will not be testifying. Her grand jury testimony will instead be read into the records.

Judge D’Emic has stated the “the law recognizes that when an accused procures the silence of a witness against him he should not be permitted to gain from his wrong.” The judge also stated “the court has been shown by clear and convincing evidence that the wrong doing of the defendant has caused the victim to stop cooperating with the prosecution.”

Mr. Smith will be tried without any witnesses testifying against him. Only the grand jury minutes of his accusers testimony will be submitted to the jury.

Our office is experienced in handling all types of criminal cases, including domestic violence, misdemeanors, felonies, juvenile defense, bail, white collar crime and DWI’s. Call us if you need assistance at 1-800-344-6431 or contact us be email.

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