Neider brought a proceeding to seal his 2006 misdemeanor conviction for criminal possession of a weapon. In his application he stated he was not convicted of any further offenses. He became eligible under the sealing statute New York Criminal Procedure Law Section 160.59 to have his record sealed. Neider claimed he was a law-abiding citizen. He had … [Read more...]
Gun Suppressed Due To Bad Search By Police
In the beginning of May 2013, Christian Munez was arrested for possession of marijuana. He was brought to the 44th precinct in the Bronx. He was questioned by Sergeant Christopher Pascale. Sergeant Pascale did not read Mr. Munez his Miranda Rights. Mr. Pascale questioned Mr. Munez about other crimes in that area of the Bronx. He alluded to the fact … [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...]
Nassau County’s Continuing Crime Lab Problems
The United States Supreme Court recently ruled that laboratory technicians will have to testify regarding lab tests for such tests to be accepted into evidence. This will create significant problems for the Nassau County District Attorney's Office. Nassau County Crime Lab Closed Since February In February of 2011, the Nassau County Crime Lab … [Read more...]
Smoker Told to Take Doctor’s Advice or Return to Jail
Mrs. 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. … [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...]
Guns, Guns, Guns
The 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 … [Read more...]
Talking Sense About Gun Control
It has been three months since the killings in Tucson, Arizona. President Obama recently spoke about gun control issues. In an article written in the Arizona Daily Star, President Obama asked both gun control supporters and gun rights advocates to discuss reasonable and sensible gun legislation. He was specifically interested in dealing with the … [Read more...]
Drug Treatment Programs for Prisoners
There are approximately 60,000 inmates in New York state prisons that require drug treatment or drug counseling. If given drug treatment or drug counseling, these men and women will have a greater opportunity to live drug free when they are released from prison. The New York State Department of Corrections recently conducted a three year study … [Read more...]