New York Criminal Defense Lawyer Blog

New York Governor David A. Paterson today announced the signing of a bill into law aimed at speeding up the process for the handling of alleged probation violations. New York criminal courts will have 72 hours to make a decision on a request by a probation officer for a declaration of delinquency. [CPL § 410.30] New York criminal courts will have 72 hours to issue or deny a request for a probation warrant. [CPL §410.40] The police or peace officer to whom a probation warrant is addressed will need to enter it in the statewide system within 48 hours of its receipt. [Executive Law §221(1)] A notice of appearance will have to direct a defendant to appear in court within 10 business days. [CPL §§ 410.40 and 410.60] Senator Owen Johnson and Assemblyman Jeffrion Aubry sponsored the bill. This new law is to take effect November 1, 2009.

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Emanuel Medeiros -who pled guilty in federal court to one count of conspiracy to commit mail fraud last September - was sentenced today to forty-six months in a federal prison and ordered to pay $300,000 in forfeitures. Medeiros – also known as Joseph Garcia - allegedly sent thousands of companies all over the world fake invoices labeled renewal notices for non-existent internet advertising services. The invoices were sent out under the names Boom Global Media Inc. and Bradstreet International. Approximately 25,000 companies paid the fake invoices. The majority of the fake invoices were for $297.83. Any company who fell victim to the scam is encouraged to contact Victim Witness Coordinator Wendy Olsen –Clancy at the United States Attorney’s Office for the Southern District of New York by calling 1-(866) -874-8900.

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The Department of Justice has announced today that Nicholas Cosmo -who is the owner and president of Agape World, Inc. and Agape Merchant Advance, LLC-, has been arrested by federal agents on charges of mail fraud. Cosmo – like Bernard Madoff- is accused of running a classic Ponzi scheme. Anyone who believes that they have been a victim of the alleged Ponzi scheme is asked to provide the FBI with their full name, address, telephone number and copies –not originals-of any documents that substantiate their loss. The information should be mailed to: FBI New York, Attn: Victim Assistant Program, 26 Federal Plaza, 24th Floor, New York, New York, 10278. The FBI has also set up a hotline number with a message containing detailed instructions. The number is 212- 384-2166. Cosmo has been merely accused of mail fraud and is presumed innocent unless and until proven guilty in a court of law.

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As previously reported in this blog , movie star Matt Dillon was stopped last month for allegedly traveling 106 MPH in a 65 MPH zone. Dillon has been charged with negligent operation of a motor vehicle in violation of 23 V.S.A §1091(a). A person is guilty of negligent operation of a motor vehicle in Vermont if they operate a motor vehicle on a public highway in a negligent manner. [23 V.S.A. §1091(a)(1)] “The standard for a conviction for negligent operation in violation of this subsection shall be ordinary negligence, examining whether the person breached a duty to exercise ordinary care”. [23 V.S.A. §1091(a)(2)] In deciding whether Dillon operated his vehicle in a negligent manner, the jury may consider the rules of the road including the rule that " no person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, having regard for the actual and potential hazards then existing". [CR32-051] Negligent operation is a misdemeanor in Vermont that is punishable by up to one year in jail and a $1,000 fine. [23 V.S.A. §1091(a)(3)] Mark Kaplan- Dillon’s attorney- appeared in court today and entered a plea of not guilty on behalf of Dillon. Dillon did not appear in court. Dillon is presumed innocent unless and until proven guilty in a court of law.

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New York Attorney General Andrew M. Cuomo announced yesterday that Howard Eisenman entered a plea of guilty before Albany County Court Judge Thomas Breslin to offering a False Instrument for Filing in the First Degree (class E felony). Eisenman is alleged to have made false statements about a prior manslaughter conviction to protect his job as a substitute teacher in the public schools. Eisenman is alleged to have made false statements about the facts and circumstances surrounding a prior conviction of manslaughter in a letter to the State Education Department. Eisenman allegedly falsely stated in the letter that the conviction resulted from the death of a passenger in car he had crashed into a tree in Long Island back in the 1970’s. Upon investigation into the prior conviction, it was discovered that Eisenman and another person were convicted of manslaughter for allegedly having recklessly caused the death of a two- year old girl by hitting her with their hands. Eisenman is scheduled to be sentenced in Albany County Court on April 14, 2009. Eisenman -who is 60 years old - faces a possible sentence of up to four years in state prison.

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New York Governor David A. Paterson has nominated Felix M. Rosa, Jr. to be a member and chair of the State Board of Parole. Mr. Rosa has a Bachelor of Arts degree from Eastern Michigan University and a Masters of Social Work degree from Fordham University. Mr. Rosa has been with the New York State Department of Parole for 20 years. He was a parole revocation specialist and parole officer between 1987 and 1990. He was a Senior Parole Officer between 1993 and 1999. He was the Executive Assistant to the Executive Director between 1999 and 2003. He was the Director of Executive Clemency and Secretary to the Board of Parole between 2003 and 2007. He has been the Executive Director of the New York State Division of Parole since April 2007. If confirmed by the Senate, Mr. Rosa's salary as a member and chair of the State Board of Parole will be $120,800. If confirmed, Mr. Rosa will be replacing former New York State Division of Parole Chairman and Executive Officer George B. Alexander who has been charged by the New York Attorney General's Office with Grand Larceny in the Fourth Degree [e-Felony], Criminal Possession of Stolen Property in the Fourth Degree [E-Felony] and Criminal Possession of Stolen Property in the Fifth Degree [A-Misdemeanor] for allegedly stealing a laptop computer from the Erie County Probation Department.

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As previously discussed in this blog, former professional basketball star Charles Barkley was stopped and arrested on suspicion of driving under the influence of alcohol in Arizona. Barkley opted to have a blood test rather than a breath test. The blood test results allegedly indicated that Barkley’s blood alcohol content was .149. The Arizona -like New York- state limit for driving under the influence - known as driving while intoxicated in New York- is .08. If Barkley had been stopped in New York, he would have been charged with driving while intoxicated in violation of VTL §§ 1192(2) and 1192(3). A conviction of driving while intoxicated first offense in New York is an unclassified misdemeanor punishable by a fine of between five hundred and thousand dollars, up to one year in jail, revocation driving privileges for no less than six months, a mandatory surcharge of four hundred dollars and a driver responsibility assessment of two hundred fifty dollars per year for three years. The person may also be ordered to have an alcohol evaluation by a DWI screening and assessment provider and to follow any recommendations for treatment. They would also probably be ordered to participate in the drinking driver program. The person would also face a significant number of other possible collateral consequences. Sir Charles Barkley is presumed innocent unless and until proven guilty in a court of law.

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San Diego Chargers wide receiver Vincent Jackson was arrested a little after 2:00 am today by the California Highway Patrol on suspicion of driving under the influence of alcohol. He allegedly failed a field sobriety test after being stopped for speeding, improper braking and weaving. Jackson is allegedly on probation for a previous DWI arrest. His blood alcohol content has not yet been disclosed. Jackson was taken to the San Diego County Jail and released. Jackson maintains that he is innocent and is presumed innocent unless and until proven guilty in a court of law.

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Actor Matt Dillon was arrested and cited earlier this week for traveling in a rented Chevrolet Impala at an excessive speed on a Vermont highway. Dillon was allegedly traveling 106 MPH [171 KM/h] in a 65 MPH [105KM/h] zone. If convicted, Dillon faces a maximum of 90 days in jail and/or a fine of $300.00. He could also have 6 points entered on his Vermont driving record. If the incident had occurred in New York, Dillon would be facing a minimum fine of $180.00, a maximum fine of $600.00, up to 30 days in jail, 11 points on his New York State driver’s abstract and a $80.00 to $85.00 surcharge. He would also be at risk of owing the New York State Department of Motor Vehicles a driver responsibility assessment of $225.00 per year for the next three years and losing his New York State driving privileges for at least 31 days. He could also expect a substantial increase in his insurance premiums for the next several years. Dillon is expected to appear in Vermont District Court on January 21,2009. In New York, Dillon's attorney would probably appear on his behalf. Dillon is presumed innocent unless and until he is proven guilty in a court of law.

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