New York Criminal Defense Lawyer Blog

New York Jets wide Receiver Braylon Edwards has reportedly been charged with first degree misdemeanor assault for allegedly having punched Le Bron James’ friend Edward Givens outside a Cleveland nightclub back on October 5, 2009. Brylon Edwards could be found guilty of first degree misdemeanor assault in Ohio if he knowingly caused or attempted to cause physical harm to Edward Givens or if he recklessly caused serious physical harm to Edward Givens. [Ohio Revised Code §2903.13 (a)(b)(c)] If convicted of first degree misdemeanor assault, Edwards could be sentenced to no more than 180 days in jail and fined up to $1,0000.00 [Ohio Revised Code §§2929.24 and 2929.28]

If the alleged altercation between Givens and Edwards had taken place in New York, Edwards probably would have been charged with third degree assault. A person can be found guilty of third degree assault in New York if he intentionally causes physical injury to another person. [Penal Law 120.00] Assault in the third degree is a class A misdemeanor in New York punishable by up to one year in jail or a $1,000.00 fine plus a mandatory surcharge of up to $205.00. [Penal Law §§120.00, 70.15(1) and 80.05(1)] .

Edwards only stands accused of assault and is presumed innocent unless or until proven guilty in a court of law.

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ESPN is reporting that that Jeff Reed - who is the kicker for the Pittsburgh Steelers- was cited for public Intoxication and disorderly conduct outside a Pittsburgh Bar last night after the game against the Cleveland Browns.

In Pennsylvania, a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: engages in fighting; engages in threatening behavior; engages in violent behavior; engages in tumultuous behavior; makes unreasonable noise; uses obscene language; makes an obscene gesture; creates a hazardous condition by any act which serves no legitimate purpose or physically offensive condition by any act which serves no legitimate purpose. In Pennsylvania is a third degree misdemeanor if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct in Pennsylvania is a summary offense.

Similarly, a person is guilty of disorderly conduct in New York when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he: engages in fighting; engages in violent behavior, engages in tumultuous behavior; engages in threatening behavior; makes unreasonable noise; uses abusive language in a public place; uses obscene language in a public place; makes an obscene gesture in a public place; disturbs any lawful assembly or meeting of persons without lawful authority; obstructs vehicular traffic; obstructs pedestrian traffic; congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly conduct in New York is a violation.

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Schodack Justice Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated occurring within the Town of Schodack, New York. Schodack Justice Court also has preliminary jurisdiction over felonies occurring within the Town of Schodack, New York.

Schodack Justice Court is located in the Schodack Town Hall, 265 Schuurman Road, Castleton, NY 12033. The telephone number for the Schodack Justice Court is 518-477-9390. The fax number for the Schodack Justice Court is 518-477-2546.

Schodack Justice Court has two judges: Honorable Paul W. Peter and Honorable Bruce J. Wagner. Court is held every Wednesday starting at 6:00 PM.

Trish Loomis is the Senior Court Clerk. Jamie Morgan is the Assistant to Senior Court Clerk. William Dikant is the Court Officer. The Court is open Monday through Friday 9:00 A.M. to 4:00 P.M.

The Rensselaer County District Attorney’s office prosecutes all criminal cases in Schodack Justice Court. The telephone number for the Rensselaer County District Attorney's Office is 518-270-4040. Town Prosecutor Rodney C. Powis, Esq. of Maney, McConville and Liccardi , P.C. prosecutes all traffic tickets issued by the New York State Police. Schodack Town Police prosecute their own traffic tickets.

If you need a criminal or traffic attorney to represent you in Schodack Town Court, please do not hesitate to contact me at 1-877-858-2889. I will negotiate a plea agreement acceptable to you or take the case to trial.

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Rotterdam Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of Rotterdam, New York. Rotterdam Town Court also has preliminary jurisdiction over felonies occurring within the Town of Rotterdam, New York.

Rotterdam town Court is located at 101 Princetown Road, Schenectady, New York 12306. The telephone number for Rotterdam Town Court is 518- 355-7911. The fax number for Rotterdam Town Court is 518-881-0187.

Rotterdam Town Court has two judges: Honorable Kenneth P. Litz and Honorable Kevin J. Mercoglan. Judge Litz holds court on Mondays starting at 4:00 P.M. Judge Mercoglan holds court on Thursdays starting at 4:00 PM. The court clerk’s office is open Monday through Friday 8:00 A.M. to 5:00 P.M. except in July and August it closes at 4:00 P.M. Fine payment are accepted in person up to a half hour before the clerk’s office closes.

Criminal and traffic cases are prosecuted by the Schenectady County District Attorney’s Office. The Office of the Schenectady County District Attorney is located at 613 State Street, Schenectady, NY 12305-2113. The telephone number for the Office of the Schenectady County District Attorney is 518.388.4364. Raymond DeMatteo, Esq. and Peter Willis, Esq. are the current Assistant District Attorney assigned to Rotterdam Town Court.

If you need a criminal or traffic attorney to represent you in RotterdamTown Court, please do not hesitate to contact me at 1-877-858-2889. I will negotiate a plea agreement acceptable to you or take the case to trial.

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New York Governor David A. Paterson recently announced that he signed a bill amending New York’s Penal Law §§ 125.26 and 70.00(5). Under the new law, an adult who intentionally causes the death of a person under the age of fourteen years old can be found guilty of Aggravated Murder if they tortured the victim prior to death. [Penal Law §§ 125.26] The bill also authorizes a sentence of life imprisonment without the possibility of parole. [Penal Law §70.00(5)] The justification for the bill was the heartbreaking Nixzmary Brown Case. The bill was sponsored in the New York Assembly by Assemblyman Joseph R. Lentol. The assembly bill number is A 5080. The bill was sponsored in the New York Senate by Senator Ruben Diaz. The senate bill number is S 6091. The new law took effect October 9, 2009.

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Q. What section of the law authorizes the New York State Judicial Diversion Program?

A. New York Criminal Procedure Law Article 216

Q. When was the law enacted?

A. April 24, 2009

Q. When did the law take effect?

A. October 6, 2009

Q. Who is eligible to participate in the Judicial Diversion Program?

A. Defendants charged in an indictment or superior court information with a Class B, C, D, or E felony controlled substance offense or marijuana offense. [CPL § 216 (1)]

Q. Who is not eligible to participate in the Judicial Diversion Program?

A. A defendant is not eligible –without consent of the prosecutor-if he has been convicted of a violent felony within the last ten years. A defendant is not eligible –without consent of the prosecutor-if he has been previously adjudicated a second violent felony offender or a persistent violent felony offender. A defendant is not eligible–without consent of the prosecutor- if presently charged with a violent felony offense. A defendant is not eligible –without the consent of the prosecutor- if he has been convicted within ten years of a merit time ineligible offense or is presently charged with a merit time ineligible offense. [CPL § 216 (1)(a)(b)]

Q. When can a defendant request to be in the Judicial Diversion Program?

A. Anytime after the arraignment but before the entering of a plea of guilty or the commencement of a trial. [CPL § 216.05(1)]

Q. What is the first step in the process?

A. An eligible defendant requests an alcohol and substance abuse evaluation. [CPL §216.05(1)]

Q. Does the Court have to order an alcohol and substance abuse evaluation?

A. The court may order an alcohol and substance abuse evaluation for an eligible defendant. [CPL §216.05(1)]

Q. Who gets a copy of the alcohol and substance abuse evaluation?

A. The defendant signs an authorization allowing the alcohol and substance abuse evaluation to be released to the court, prosecutor, defense counsel, local probation department and any other person specified in the authorization for the sole purpose of determining whether the defendant should be offered judicial diversion for treatment for substance abuse or dependence or alcohol abuse or dependence and any co-occurring mental disorder or mental illness. [CPL §216.05(1)]

Continue reading " FAQs About New York State’s Judicial Diversion Program " »

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The Criminal Part of Albany City Court adjudicates misdemeanors such as petit larceny and petty offenses such as disorderly conduct occurring within the City of Albany, New York. The Criminal Part of Albany City Court also has preliminary jurisdiction over felonies occurring within the City of Albany, New York.

The Criminal Part of Albany City Court is located in the Public Safety Building located at 1 Morton Avenue, Albany New York 12202. The telephone number for the Criminal Part of Albany City Court is 518-462-6714.

The Criminal Part of Albany City Court has three judges: Honorable William A. Carter, Honorable Thomas K. Keefe and Honorable Rachel L. Kretser. The Criminal Part of Albany City Court also has three courtrooms. The front courtroom – also known as courtroom number 1- is used for all arraignments and most preliminary hearings. All other matters are held in the middle courtroom – also known as courtroom number 2 and back courtroom also known as courtroom number 3. The court assignment list can be found on clip boards hanging outside courtrooms number 1 and 2.

The Chief Court Clerk of the Criminal Part of Albany City Court is Janice Cellucci. The Deputy Chief Court Clerk II of the Criminal Part of Albany City Court is Laureen Lee. The Criminal Part of Albany City Court is open Monday through Friday from 8:30 A.M. to 4:30 A.m. except when closed an hour long break in the middle of the day. The Criminal Part of Albany City Court is also open on weekends and holidays for arraignments.

The Albany County District Attorney’s office is responsible of prosecuting cases in the Criminal Part of Albany City Court. The main office of the Albany County District Attorney’s Office is located in the Albany County Judicial Building, 6 Lodge Street, Albany, NY 12207. The telephone number for the Albany County District Attorney’s Office is (518) 487-5460. The fax number for the Albany County District Attorney’s Office is (518) 487-5093. The Albany County District Attorney’s Office also has a small satellite office located inside the same building as the Criminal Part of Albany City Court.

A bail bondsman can generally be found standing out in front of courtroom number 1 just past the magnetometer which every visitor must pass through as they enter the building. There is no parking lot. There is free public parking on the streets surrounding the court building.

If you have been charged with crime in the Criminal Part of Albany City Court, please do hesitate to contact me by calling 877-858-2889. I will negotiate a plea agreement acceptable to you or take your case to trial.

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The Traffic Part of Albany City Court adjudicates traffic ticket cases arising within the City of Albany, New York including but not limited to speeding, failing to obey traffic control devices, failure to yield the right of way and failing to stop at a stop sign. The Traffic Part of the Albany City Court does not adjudicate traffic crimes such as driving while intoxicated, aggravated unlicensed operation or operating a motor vehicle with a suspended registration. The Criminal Part of Albany City Court adjudicates criminal traffic cases.

The Traffic Part of Albany City Court is located in the basement of Albany City Hall, 24 Eagle Street. Albany, NY 12207. The telephone number for the Traffic Part of Albany City Court is 518-453-4630. The fax number for the Traffic Part of Albany City Court is 518-434-5084.

The Traffic Part of Albany City Court has two judges: Honorable Gary F. Stiglmeir and Honorable Helena Heath-Roland. Traffic arraignments occur on Mondays starting at 9:00 am. Traffic conferences occur on Tuesdays starting at 9:00 a.m. Traffic trials occur on Wednesdays as scheduled by the Court.

The Chief Clerk of the Traffic Part of Albany City Court is Anthony Mancino. The Deputy Chief Clerk II of the Traffic Part of Albany City Court is Laureen Lee. The Court Clerk’s Office is open Monday through Friday 8:30 AM to 5:00 PM.

Corporation Counsel of the City of Albany is responsible for prosecuting traffic violations occurring within the City of Albany. Corporation Counsel for the City of Albany maintains offices in Albany City Hall, 24 Eagle Street, Room 106, Albany, New York, 12207. The telephone number for Corporation Counsel of the City of Albany is 518-434-5050. The fax number for Corporation Counsel of the City of Albany is 518-434-5070.

The Traffic Part of Albany City Court does not have a parking lot. There is metered parking on the surrounding streets. There is handicap parking on the side of City Hall. All visitors to the Court must pass through a security check point upon entering Albany City Hall.

Please feel free to call me at 877-TKT-ATTY if you have been charged with a traffic violation in the City of Albany, New York. I will negotiate a plea agreement acceptable to you or take the case to trial.

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Robert Joel Halderman of Norwalk Connecticut has been indicted for attempted grand larceny in the first degree by a Manhattan Grand Jury for allegedly attempting to extort two million dollars from late night talk show host David Letterman. Halderman – who is a producer of the show “48 Hours Mystery” - allegedly threatened to make public potentially embarrassing information about Letterman if he did not get paid two million dollars.

A person can commit larceny by extortion several different ways including when the person compels or induces a victim to deliver property to himself or some third person by means of instilling in the victim fear that –if the property is not delivered, the person will expose a secret or publicize an asserted fact-whether true or false-tending to subject the victim to hatred, contempt or ridicule.

A person is guilty of grand larceny in the first degree when he steals property by extortion valued at more than one million dollars. Grand larceny in the first degree is a class B Felony. Attempted Grand Larceny in the First Degree is a Class C Felony.

If convicted of attempted larceny in the first degree, Halderman faces up to 5 to 15 years in state prison. However, an indictment is merely an allegation and Halderman is presumed innocent unless proven guilty in a court of law.

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Coeymans Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of Coeymans, New York. Coeymans Town Court also has preliminary jurisdiction over felonies occurring within the Town of Coeymans, New York.

Coeymans Town Court is located in the Coeymans Town Hall, 18 Russell Avenue, Ravena, New York 12143. The Coeymans Town Court telephone number is 518-756-8480. The Coeymans Town Court fax number is 518-756-7730.

The Coeymans Town Court has two judges who alternate court dates: Honorable George J. Dardani and Honorable Kevin J. Reilly. Traffic tickets are handled the first, second and fourth Thursday of each month starting at 7:00 P.M. Criminal cases are handled the third Thursday of each month starting at 4:00 P.M.

Linda Tammy Eissing is the Coeymans Town Court Clerk. The Coeymans Town Court Clerk’s Office is open Monday through Thursday from 8:30 A.M. to 4:00 P.M. and on Fridays from 8:300 to 12:00 P.M.

Traffic ticket cases are handled by Coeymans Town Prosecutor Martin Burke. Criminal cases are handled by the Albany County District Attorney’s Office.

If you need a criminal or traffic attorney to represent you in Coeymans Town Court, please do not hesitate to contact me at 1-877-858-2889. I will negotiate a plea agreement acceptable to you or take the case to trial.

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