New York Criminal Defense Lawyer Blog

The United States Supreme Court today in United States v. Hayes reinstated the prohibition on possession of a firearm by a person convicted of “a misdemeanor crime of domestic violence” found in U.S.C §922(g)(9). In doing so, the Court held that although a domestic relationship must be established beyond a reasonable doubt in a U.S.C. §922(g)(9) firearms prosecution, it does not need to be a element of the predicate offense. The predicate offense need only involve the use or attempted use of physical force or the threatened use of deadly weapon against a spouse or other domestic victim to qualify as a crime of domestic violence. For example, in New York a person convicted of assault in the third degree would be banned from possessing a firearm if the victim of the assault was their spouse or some other domestic victim.

Cornell University Law School LIIBulletin

Brief for the United States

Reply Brief For The United States

Posted by George P. Conway | Permalink | Email This Post

Posted In: New York Criminal Decisions Of Interest

Bookmark:

Former NBA Basketball Star- Charles Barley- is reported to have entered a plea of guilty yesterday in a Scottsdale Arizona Court to driving under the influence of alcohol . The reports indicate that Barkley has been sentenced to ten days in jail but will only have to serve five days in jail if he successfully completes a court approved alcohol program. The reports also state that he has been ordered to attend a traffic school and pay $2,000.00 in fines. The reports further state that he is expected to start serving his jail sentence on March 21, 2009. If he were sentenced to jail for 5 days in New York, he would only end up serving a couple days unless he was sentenced on a Friday in which case he would be released that same day. I do not know if the same is true in Arizona.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The Los Angeles Police Department has announced that it has launched an internal investigation into the apparent unauthorized release of photographs depicting injuries sustained by Rihanna during an alleged domestic dispute with Chris Brown back on February 8, 2009. The photograph is believed to have been taken during the official domestic violence investigation. The internal investigation into the leaking of the photograph was launched in response to the department receiving multiple inquires about the release of the photograph. Anyone with information about the unauthorized release of the photograph is asked to contact the “LAPD”. The “LAPD” considers this type of conduct to be a serious act of misconduct subjecting anyone involved with possible termination. I think that a review of the photographic evidence or photographic evidence log should eliminate any doubt whether the photograph was taken during the official domestic violence investigation. If the photograph was taken during the official domestic violence investigation, I think that a review of the chain of custody log relating to this potential key piece of evidence should limit the suspects down to only a few members of the “LAPD” and the person or persons responsible for the leak would be easily identified. A copy of the photograph can be easily found on You Tube. I have choosen not to add a link to the photograph out respect for the alleged victim. Chris Brown is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Capital District low to moderate income homeowners who are facing foreclosure can contact the Foreclosure Prevention Project through the Legal Aide Society of Northeastern New York who has announced that they are ready to assist homeowners facing foreclosure including defending foreclosure litigation and representing clients at settlement conferences. In the Capital District, homeowners should contact the Foreclosure Prevention Project at the Legal Aide Society of Northeastern New York at 1-800-462-2922. Homeowners residing in Fulton, Montgomery and Schoharie Counties should call 1-800-821-8347.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Jason Richardson- guard for the Phoenix Suns and former two time slam dunk champ- was arrested and charged last night with the following misdemeanors and traffic offenses: one count of endangerment related to traffic [ARS 13-1201.a]; two counts of excessive speed [ARS 28-701.02.A2] ; one count of reckless driving [ARS 28-693.A]and one count of failure to use a child seatbelt [ARS 28-907.A]. A Scottsdale Police Officer allegedly caught Richardson on radar traveling 67 MPH in a 40 MPH zone. Richardson allegedly traveled 90 MPH in a 35 MPH zone before the officer pulled him over. Richardson apparently immediately pulled over as soon as the police officer activated his emergency lights. Richardson allegedly identified himself as a member of the Phoenix Suns and admitted to speeding. Richardson’s three- year old son is alleged to have been unrestrained in the back seat of the car. Richardson is alleged to have told the police that he was on his way home from taking his son to dinner. Richardson is not suspected of driving while impaired. Richardson wife came to the scene of the stop to take custody of their three year old child. Richardson was booked and released from the Scottsdale jail a few hours later. The charges are merely accusations and Richardson is presumed innocent unless and until proven guilty in a Court of Law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney’s Office announced today that New York Police Department Officer Yaniris Balbuena was arrested today and charged with a single count of conspiracy to commit money laundering. According to the press release there is evidence that Officer Balbuena –an eight year veteran of the NYPD-may have laundered approximately a quarter of a million dollars in drug proceeds through nine different bank accounts on behalf of her “common law husband”. The press release indicates that her common law husband allegedly was a well known drug trafficker in the Bronx. Officer Balbuena –if convicted- could be sentenced up to twenty years in prison and fined the greater of either $500,000.00 or twice the amount of money she laundered. Assistant United States Attorney kenneth A. Polite has been assigned to prosecute the case. The press release correctly states that the charge is merely an allegation and Balbuena is presumed innocent unless and until proven guilty.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Attorney General Andrew M. Cuomo announced today that former Denmark Town Supervisor- Daniel Hurlburt – has been arrested on charges of Grand Larceny in the 3rd Degree in violation of Penal Law §155.35 and Official Misconduct in violation of Penal Law § 195.00. It is alleged that auditors discovered that between April 2001 and December 2004 Hurlbert wrote himself fourteen checks from Denmark’s general fund account and deposited the checks in his own personal account. It is further alleged that Hurlburt did not have authority or permission to issue the checks from the Denmark general fund. Grand Larceny in the 3rd Degree is a Class D Felony. [PL §155.35] If convicted of Grand Larceny in the 3rd Degree, Hurlburt faces up to 2 1/3 to 7 years in state prison. Official Misconduct is a Class A Misdemeanor. If convicted of official Misconduct, Hurlburt faces up to one year in the Lewis County Jail. Hurlburt was arraigned by Judge John Youngs in Lowville Town Court and released on his own recognizance. Hurlburt is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Governor David A. Paterson announced yesterday that he has appointed Henry “Hank” Lemons to be the interim chair of the New York State Parole Board. The announcement came a week after nominee Felix M. Rosa withdrew his name from contention to replace the former chair- George P. Alexander. Alexander resigned in December just prior to being 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. Lemons has a bachelor's degree in Criminal Justice and a Masters in Organizational Leadership. He also graduated from the FBI National Academy. He is also a former member of the New York City Police Department, a former investigator for the Kings County District Attorney’s Office and a former investigator for the New York Attorney General’s Office. He has been a member of the Parole Board since 2007. He will serve as Chairman until the New York Senate confirms a replacement chair. His annual salary will be $120,000.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

On June 12, 2008, Mark Brenner-also known as “Michael” pleaded guilty to conspiracy charges arising out of his leadership role in the international prostitution and money-laundering enterprise known as “The Emperors Club VIP”. Brenner allegedly conspired to promote, manage, and carry out an illegal prostitution enterprise from approximately December 2004 until March 2008. He also allegedly conspired to launder payments received for prostitution services using bank accounts opened in the name of “QAT Consulting, Inc.’ and “QAT International, Inc.”. The Emperors Club is best known for the role it played in the fall of former New York Governor Elliot Spitzer who was "Client Number 9". Brenner -who could have been sentenced up to five years in prison on the prostitution conspiracy count and twenty years in prison on the money laundering conspiracy count-was sentenced last Friday to thirty months in federal prison. He was sentenced by Judge Denny Chin who was quoted as saying:”I certainly don’t believe that prostitution is a victimless crime.” and “Brenner recruited women to become prostitutes and he controlled the business.”

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

There are reports out today that South Carolina law enforcement officials are considering filing possession of marijuana and drug paraphernalia charges against Olympic swimming sensation Michael Phelps in response to photographs that were recently released showing him allegedly smoking marijuana from a bong. Possession of an ounce or less of marijuana in South Carolina is a misdemeanor punishable by a fine of up to 30 days in jail and a $200 fine. Possession of drug paraphernalia in South Carolina is punishable by a $500 fine. In my opinion, prosecutors will need a lot more than a photograph to prove possession of marijuana. Prosecutors -in my opinion -will need a certified lab test result stating that the substance in the bong at the time Phelps was in possession of it was indeed marijuana. Prosecutors –in my opinion- may not even be able to prove a prima facie case of possession of drug paraphernalia if they do not have at least one witness who can attest to the authenticity of the photograph and Phelp’s geographical location when the photograph was taken.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney for the Southern District of New York has announced that Certified Public Accountant Randal Kase of Chappaqua, New York was arrested today for allegedly stealing tax refund checks from three of his clients. Kase is alleged to have been stealing the three clients' refund checks since June of 2002. Kase is alleged to have told the three clients that they broke even each year. It is alleged that Kase stole approximately thirty-seven tax refund checks over the years. The tax refund checks allegedly totaled over $233,000. Kase is charged with a one count of forging endorsements on treasury checks and a one count of fraud. Kase –age 55- could be sentenced up to thirty years in federal prison and fined up to a one million dollar if he is convicted of both counts. Kase is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark: