New York Criminal Defense Lawyer Blog

The U.S. Drug Enforcement Administration has announced that fifteen Utica residents -alleged to have been involved in a major cocaine distribution operation - were arrested today. The fifteen Utica residents were allegedly involved in distributing cocaine throughout the Mohawk Valley. Each of the fifteen defendants is charged in federal court with conspiring to possess with intent to distribute more than 500 grams of cocaine and in excess of 50 grams of crack cocaine. The fifteen Utica residents named are: Whitney Fowler (28), Andrew Wymes (29), Michael Austin (29), Harold Carr (29), Jermaine Gary (29), Rocky Rock (37), Kashif Shephard (22), Hugh Hill (34), Gino Placanica (32), Mark Baker (31), Michael Williams (36), Christopher Lagasse (26), Jayson Julio (31), Timothy Sweezey( 28) and Marvin Lopez(24). If convicted, the each defendant faces substantial prison time and fines. The minimum prison sentence is ten years. The maximum prison sentence is life. The maximum fine is four million dollars. The minimum period of post release supervision is five years. The following items have been allegedly seized in connection with the case: greater than a half a kilo of cocaine, around 125 grams of crack cocaine, over twenty thousand in cash, seven guns, and nine motor vehicles. Law enforcement officials are still on the lookout for four other Utica residents who have been charged in the case, but presently remain at large: Anthony Bonanza ( White Boy Tone), Christine Carr (Ghetto), Ormuzd Morales (Moose) and Pablo Goico. The following law enforcement agencies have been involved in the case: DEA, FBI, New York State Police, Utica Police Department, Oneida County Sheriff’s Department, Rome Police Department, New Hartford Police Department and the U.S. Marshall Service. Charges are merely accusations. Each defendant is presumed innocent unless and until proven guilty in a court of law.

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The U.S. Attorney’s Office in Boston yesterday announced that Massachusetts's State Senator Dianne Wilkerson has been charged with interference with commerce by extortion under color of official right in violation of 18 USC § 1951 and fraud by wire in violation of 18 USC § 1343. The charges arise out of Wilkerson having –amongst other things- allegedly agreed to introduce certain legislation in the Massachusetts State Senate in exchange for cash. Wilkerson allegedly introduced legislation to assist the people who were paying her to get liquor licenses and to be able to obtain state owned land without having to go through the competitive bidding process. The charges are based upon evidence obtained in a sting operation run by the FBI and Boston Police since the spring of 2007. The evidence is alleged to include audio and video tape of Wilkerson accepting more than $20,000 in cash payments from a cooperating witness and undercover agents. If convicted Wilkerson is facing up to 20 years in prison, three years post release supervision and a fine of $250,000 on each charge. Wilkerson is out on $50,000 bail. The US Attorney’s press release correctly acknowledges that charges are merely allegations and Wilkerson is innocent unless and until proven guilty in a court of law.

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The United States Attorney’s Office and the Secret Service jointly announced today that twenty- five year old Stephen Watt from New York has been charged in U.S. District Court in Boston, Massachusetts with conspiracy. Watt is alleged to have provided a “Sniffer Program” used by members of the conspiracy to steal debit and credit card information from corporate computer networks. Watt –if convicted- could be sentenced up to five years in prison, three years post release supervision and fined $250,000. The United States Attorney Office’s press release correctly points out that the charges are merely allegations and Watt is to be presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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The Bureau of Alcohol, Tobacco, Firearms and Explosives announced today that Daniel Cowart and Paul Schlesselman were charged in a complaint last Friday with–amongst other things- making threats against a major candidate for the office of president in violation of 18 USC 879. The two men were -according to the supporting affidavit- planning to dress up in white tuxedos with top hats and drive a car as fast as possible at Barack Obama while attempting to shoot him with high-powered- rifles. The assassination of Barack Obama was allegedly to be their final act after going on a killing spree that primarily targeted African-Americans. Please keep in mind that the charges are merely accusations and a person is presumed innocent until proven guilty in a court of law.

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State Police Superintendant Harry J. Corbitt announced today that the New York State Police in conjunction with local law enforcement agencies will be stepping up their efforts to catch drunk drivers by increasing patrols and setting up sobriety road checkpoints during the week of October 24 through November 1. This measure is being taken in response the growing popularity of alcohol consumption at Holloween parties.

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It is being reported today that Pittsburgh Steelers’ receiver Santonio Holmes is to be charged with misdemeanor possession of marijuana. The marijuana was apparently discovered by Pittsburgh Police when they stopped Holmes' SUV. The police apparently stopped Holmes' SUV because it matched a description of another vehicle that was suspected of transporting large sums of drugs. The reports indicated that Holmes was allegedly in possession of a small amount of marijuana found inside some cigars. The reports further indicate that the charge carries a sentence of up to one year in jail but usually only results in either a fine or probation. In New York, Holmes probably would have only been charged with unlawful possession of marijuana. Unlawful possession of marijuana (UPM) is not a crime in New York and the maximum fine is one hundred dollars. Holmes may have an argument that the stop was unlawful. If the stop is found to have been unlawful, the marijuana found inside the vehicle should be suppressed and the case dismissed. The bigger question is what sanctions will be imposed-if any- by NFL Commissioner Roger Goodell. I certainly would not mind seeing him suspended for Sunday's game against the New York Giants seeing how he is Pittsburgh second leading receiver this year. Charges are merely accusations and a person is innocent unless and until proven guilty in a court of law.

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Attorney General Andrew Cuomo yesterday announced that Salvatore Musso has been arrested and charged with three counts of grand larceny in the 4th Degree by extortion. Musso is the owner of Musso Plumbing and Heating, Inc in Clarence, New York. Musso’s business was apparently audited in 2006 by the Department of Labor. The audit allegedly revealed that Musso failed to pay twenty-one employees $10, 066.79 in past due wages. The Department of Labor collected the past due wages from Musso and then issued checks to the effected employees. Musso thereafter allegedly demanded the employees cash the checks and give him the cash or he would fire them. The Department of Labor referred the case to Cuomo’s office upon learning of Musso’s alleged demand that his employees pay him the money back or risk losing their jobs. Cuomo’s press release correctly states that the charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in court.

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Ninety-two recruits graduated today from the 196th Session of the Basic School of the New York State Police Academy. The ninety- two new troopers are scheduled to report to field duty on October 27, 2008. Thereafter, the ninety-two new troopers will spend ten weeks being evaluated in a field-training program. Senior Field Training Officers supervise the field-training program. Troop A will be receiving seven new troopers. Troop B will be receiving ten new troopers. Troop C will be receiving five new troopers. Troop D will be receiving twelve new troopers. Troop E will be receiving nine new troopers. Troop F will be receiving ten new troopers. Troop G will be receiving eighteen new troopers. Troop K will be receiving eleven new troopers. Troop L will be receiving ten new troopers.

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New York Attorney General Andrew M. Cuomo announced today that his office is bringing hidden cameras to Buffalo area nursing homes. The hidden cameras are used by his office to catch and prosecute crimes relating to nursing home patient abuse. His office by using hidden cameras placed inside nursing homes has already accumulated almost 30 convictions of endangering patient’s health and falsifying records to conceal neglect in other parts of the state. Cuomo just earlier this month announced the arrest of four employees of the Medford Multicare Center for Living in Suffolk, New York based upon evidence of alleged patient abuse obtained using hidden cameras.

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The New York State Court of Appeals yesterday issued a decision upholding the convictions of two former Tyco executives-Chief Executive officer Dennis Kozlowski and Chief Financial Officer Mark Swartz. [People v. Mark H Swartz and People v. L. Dennis Kozlowski] The main charges involved the theft of four multi-million dollar “bonuses” between 1999 and 2001. The two Tyco executives were found guilty of eight counts of first-degree grand larceny, eight counts of first-degree falsifying business records, one count of fourth- degree conspiracy and one Martin Act count of securities fraud.

In upholding the convictions, the court held that the admission of an attorney’s testimony about specific facts related to a corporate internal investigation did not improperly express to the jury an opinion about the defendant’s guilt. The Court also held that the lower court did not abuse its discretion by quashing defendant’s subpoena duces tecum seeking factual portions of certain interview notes and memorandum prepared during the internal investigation because the materials sought constituted attorney work product. The Court finally held that if any Apprendi violation occurred, it was harmless.

Each of the defendants were sentenced to 8 1/3 to 25 years in state prison. They were received into the state prison system on September 22, 2005. The earliest they can be released is January 17, 2014.

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New York Attorney General Andrew M. Cuomo issued a press release today announcing that a grand jury has indicted People’ s Choice Surgical Supplies, Inc. The charges stem out of accusations that the now defunct medical supply company stole over a million dollars by submitting false Medicaid claims for durable medical equipment using identity information stolen from unsuspecting physicians. The charges against the company include - one count of grand larceny in the first degree, one count of grand larceny in the second degree, thirteen counts of criminal possession of a forged instrument in the second degree and five counts of offering a false instrument for filing in the first degree. Three company executives were also indicted- President and CEO Cynthia Williams, Vice President David Williams, and Billing Supervisor Kenya Gadson. President and CEO Cynthia Williams is charged with one count of grand larceny, one count of grand larceny in the second degree, and one count of offering a false instrument for filing. Vice President David L. William is charged with one count of grand larceny in the first degree, one count of grand larceny in the second degree, three counts of identity theft in the first degree, and five counts of offering a false instrument for filing in the first degree. Billing Supervisor Kenya Gibson is charged with one count of grand larceny in the first degree, one count of grand larceny in the second degree, three counts of identity theft in the first degree and four counts of offering a false instrument fir filing in the first degree. People’ Choice Surgical Supplies was once the largest Medicaid durable medical equipment supplier on Long Island, New York. The press release correctly states that the charges in the indictment are merely accusations and the defendant’s are presumed innocent unless and until proven guilty

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The United States Supreme Court approximately three weeks ago granted Troy Anthony Davis- who was convicted by a Georgia jury of murdering an off duty police officer and sentenced to death - a stay of execution pending disposition of his writ of certiorari. The United States Supreme Court announced today that it has denied the writ of certiorari. The Court’s denial of the writ of certiorari automatically terminates the stay of execution. A new execution date has not yet been set.

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New York Governor David A. Paterson has signed a bill into law that creates the “Piracy Protection Act”. The “Piracy Protection Act” establishes the crimes of unlawful operation of a recording device in a motion picture or live theater in the first degree, second degree and third degree.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the third degree if they operate a recording device in such a theater without authority or written permission from the operator. Unlawful operation of a recording device in motion picture or live theater is a violation.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator for financial profit or commercial purposes. [Penal Law § 275.32(1)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and the material recorded is fifteen minutes or longer. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and a substantial portion of a motion picture or theatrical performance is recorded. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the first or third degree within the last five years. [Penal Law § 275.32(3)] Unlawful operation of a recording device in a motion picture or live theater in the second degree is a class A misdemeanor.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the first degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the second degree within the last ten years. [Penal Law § 275.34(1)] Unlawful operation of a recording device in a motion picture or live theater in the first degree is a class E felony.

The purpose of the new law is to protect valuable jobs, the state’s economy and important tax revenue that are threatened by criminal enterprises that engage in making and selling counterfeits worldwide. Senator Padavan and Assemblyman Lentol sponsored the bill. New York State Governor Paterson signed the bill into law on October 10, 2008. The “Piracy Protection Act” will take effect on October 26, 2008.

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A federal grand jury has indicted twenty-year old David C. kernell of Knoxville, Tennessee for intentionally accessing Republican vice presidential candidate Sarah Palin’s E-mail account without authorization on or about September 16,2008. Kernell allegedly changed Sarah Palin’s e-mail password after having successfully answered a series of security questions. Kernell is accused of thereafter taking screenshots of the directory and content of Sarah Palin’s e-mail account and posting those screenshots on a public website together with the new password.

The indictment was handed down by a federal grand jury in Knoxville on October 7, 2008. The indictment was unsealed on October 8, 2008. Kernell surrendered himself and was arraigned before U.S. Magistrate Judge C. Clifford Shirley on October 8, 2008. Judge Shirley released Kernell from custody without bail. Kernell –if convicted- is facing up to five years in prison followed by three years of supervised release and a fine of $250,000. No trial date has been set. The Department of Justice press release correctly points out that an indictment is merely an allegation and Kernell is presumed innocent unless and until proven guilty in a court of law.

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Denver District Attorney Mitchell R. Morrissey and Denver Chief of Police Gerald Whitman have issued a joint press release today stating that a Denver Grand Jury has handed down a thirty-nine count indictment in the Darrent Demarcus Williams murder case. Williams- who played cornerback for the Denver Broncos and owned independent record label RYNO Entertainment- was shot and killed in a drive- by- shooting while in a rented Hummer Limousine in downtown Denver Colorado on January 1, 2007. Two other passengers in the limousine –Brandon Flowers and Nicole Reindl- also suffered injuries in the drive-by- shooting. Seventeen people were in the limousine at the time of the shooting.

The press release indicates that Willie D. Clark has been charged with two counts of first-degree murder, sixteen counts of attempted first –degree murder, two counts of second-degree assault, illegal discharge of a firearm, sixteen crime of violence counts ( sentence enhancer), and two counts of possession of a weapon by a previous offender. Clark –who is presently in federal custody- faces a sentence of life in prison without parole if convicted of the charges. Clark is of course presumed innocent unless and until he is proven guilty in a court of law.

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New York State Attorney General Cuomo announced today that the president and vice president of the 229 Knickerbocker Corp have been arrested and charged with falsifying business records in the first degree, offering a false instrument for filing in the first degree and failure to pay wages. The 229 Knickerbocker Corp. is the parent company of the Bushwick Associated Supermarket located at 220 Knickerbocker Avenue in Brooklyn which has been the subject of local boycotts . It is alleged the defendants had baggers working for only tips. It is alleged that delivery people were paid less than minimum wage and were not paid overtime despite working an average of seventy hours per week. It is alleged that cashiers and stock people were not paid overtime even though they worked extra hours almost every day that they worked at the supermarket. It is alleged the defendants maintained books that wrongly showed that no supermarket employee worked more than forty-hours per week. It is alleged that the defendants understated the number of employees working at the supermarket on documents filed with the State’s Unemployment Insurance Fund. The New York State Attorney General’s Office is also filing a civil suit against the supermarket asking for over six hundred thousand in back wages for more than thirty workers who were allegedly underpaid since 2004. Attorney General Cuomo’s press release correctly notes that the charges against the two executives are merely accusations and the two executives are presumed innocent until and unless proven guilty.

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New York Governor David A. Patterson has signed a bill into law that amends the social services law and domestic relations law with respect to certification and approval of foster and adoptive parents convicted of certain crimes. A person convicted of an enumerated crime can no longer be approved to be an adoptive or foster parent. This is now true even if that person can demonstrate that denial of their application creates a substantial risk of harm to the physical and mental well being of the child, approval of the application would not place the child’s safety in jeopardy and approval of the application would be in the best interest of the child. The enumerated crimes can be found in Social Security Law § 378-a (2)(e)(1). The purpose of the new law is to guarantee continued federal funding under Title IV-E of the Federal Social Security Act. Senator Kruger and Assemblyman Titus sponsored the bill. The senate bill number is S.7449 and the assembly bill number is A.10803. Governor Paterson signed the bill into law on September 25, 2008 and the new law took effect October 1, 2008.

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New York Governor David A. Paterson has signed a bill into law amending Article 156 of the Penal Law that addresses offenses involving computers. The new law makes it a D felony to alter or destroy computer records of an individual’s medical history or treatment if that individual because of having his or her records altered or destroyed suffers serious physical injury. [Penal Law § 156.26(2)] The new law also makes it a class B Misdemeanor to unlawfully reproduce or duplicate in any manner an individual’s medical history or treatment records with intent to commit any Penal Law crime. [Penal Law § 156.29] The new law also changes the title of Penal Law §156.30 from “Unlawful Duplication of Computer Related Material” to “Unlawful Duplication of Computer Material in The First Degree”. The new law also makes it a defense to a violation of Penal Law §§ 156.29 and 156.30 that the defendant had reasonable grounds to believe that he or she had the right to copy, reproduce or duplicate in any manner the computer data or the computer program. The purpose of the bill is to keep the law up to date with the computer age. Senator Volker and Assemblyman Rosenthal sponsored the bill. The Assembly bill number is A11657 and the Senate bill number is S.7695. Governor Paterson signed the bill into law on September 25, 2008. The new law takes effect November 1, 2008.

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New York State Governor David A. Paterson has signed a bill into law authorizing the manager of a child protective unit or a person with a background in law enforcement designated by the commissioner of the local social services district to review the criminal record of any adult residing with a suspected abused, neglected or maltreated child. The purpose of the statute is to protect CPS workers from violent criminals, allow identification of individuals with a history of committing crimes against children and assist CPS workers in evaluating a child’s situation. The new law can be found in executive law § 835(9) and social services law §424 (6). Assemblyman Robach and Senator Mayersohn sponsored the bill. The senate bill number is S. 2978-A and the assembly bill number is A.4425. Governor Paterson signed on September 25, 2008. The law is effective immediately.

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New York Governor David A. Paterson has signed a bill into law related to suspension periods for reckless operation of a boat and operating a boat under the influence of drugs or alcohol. A judge may now suspend a person’s privilege to operate a boat for at least three months but less than twelve months upon a conviction of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months upon being convicted of reckless operation of a boat within eighteen months of having been previously convicted of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for twelve months if they have been convicted of reckless operation of a boat after having been convicted of reckless operation of a boat on two previous occasions within the last eighteen months. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months if they are convicted of operating a boat while under the influence of drugs or alcohol. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months for a third speeding while boating conviction within eighteen months or for any other boating misdemeanor conviction. The judge in imposing such suspensions may consider the seriousness of the offense and may require the suspension be in effect during a portion of the present or next boating season. The new laws can be found in Section 45 and 49-a of the navigation law. Senator DeFrancisco and Assemblyman Schimminger sponsored the bill. The senate bill number is S.1823 and assembly bill number is A.3143. Governor Paterson signed the bill on September 25, 2008. The new law took effect immediately.

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New York Governor David A. Paterson signed a bill into law that compels courts before issuing orders of custody or visitation to review decisions in child protective proceedings, orders of protection, warrants of arrest and sex offender registries with respect to any person seeking custody or visitation. If the court issues a temporary emergency order of custody or visitation without having been able to first review such decisions, warrants, orders or registries, it must review them within twenty- four hours of issuing the order. The court is to disclose the results of the review to associated legal counsel. The new law is in section 240 of the domestic relations law. The assembly bill number is A11657 and the senate bill number is S8569. Governor Paterson signed the bill on September 25, 2008.The new law will take effect January 23, 2009.

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New York Governor David A. Paterson has signed a bill into law that requires the chairman of the state board of parole to establish guidelines and procedures related to sanctioning residences of level two and three sex offenders. The new rules and regulations are to require the division of parole to consider specific factors when investigating and approving the residence of level two and three sex offenders released on presumptive release, parole, conditional release or post-release supervision. The factors to be considered include: whether there is a concentration of sex offenders in a certain residential area or municipality; the number of sex offenders residing at a particular property; proximity of entities with vulnerable populations; accessibility to family members, friends and other supportive services; and availability of permanent, stable housing. [ Executive Law §259(5)] The purpose of the bill is to reduce the risk to public safety created by high concentrations of sex offenders in certain residential areas. Senator Flanagan and Assemblyman Eddington sponsored the bill. The assembly bill number is A. 2385. The senate bill number is S.8035. Governor Paterson signed the bill on September 25, 2008. The new law takes effect January 23, 2009.

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New York Governor David A. Paterson recently signed a bill into law expanding the powers granted to appointed private college campus security officers by amending education law § 6435. Appointed private college campus security officers now have the additional authority to: issue appearance tickets pursuant to criminal procedure law §150(3); issue uniform appearance tickets pursuant to article twenty-seven of the parks, recreation and historic preservation law; issue simplified traffic information pursuant to criminal procedure law §100.25 and vehicle and traffic law § 207; issue a uniform navigation summons and/or complaint pursuant to navigation law §19; and issue uniform appearance tickets pursuant to article seventy-one environmental conservation law. [Education law § 6435(1)(e)(f) and (g)] Appointed private college campus security officers can now also seize alcoholic beverages if they observe a person under twenty-one years old openly in possession of an alcoholic beverage with intent to consume it. [Education law § 6435(1)(i)]. The bill was drafted and passed to put appointed private college campus security officers on par with state university guards. Senator LaValle and Assemblyman Lentol sponsored the bill. The senate bill number is S.6949 and the assembly bill number is A. 9271. The new law takes effect immediately.

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