New York Criminal Defense Lawyer Blog

New York State Governor David A. Paterson recently signed a bill into law that adds a new subdivision 4 to §190.25 of the penal law making internet impersonation a crime.

Under the new law any person who impersonates another by internet or electronic communication shall be guilty of a class A misdemeanor if they do so with the intention to obtain a benefit or defraud another, or if they pretend to be a public servant in such communication with the intent to persuade another to yield to them or take action.

The new law shall read in pertinent part as follows:

“A person is guilty of criminal impersonation in the second degree when he: . . .

4. Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretence. “

The new law was enacted to combat the growing problem of internet impersonation. The bill was sponsored by Senator Lanza and Assemblyman Lentol. The senate bill number is S0453. The assembly bill number is A8252. The new law will take effect on November 1, 2008.

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New York State Governor David A. Paterson recently signed a bill that amends Agriculture and Markets Law §351 by adding a subdivision 5. The new law sets penalties for anyone who is knowingly present as a spectator at any location where an exhibition of animal fighting is taking place.

A first offense is a violation punishable by a fine of up to five hundred dollars. A second conviction within five years is a misdemeanor punishable by up to one year in jail and/or by a fine of up to one-thousand dollars.

Until now, a person could go to an animal fight in New York without being subject to any penalties so long as they did not pay any entrance fee or place any bets on the fight. This new law makes it a offense for anyone to simply be at an animal fight. The new law was drafted in response to headlines stemming from former Atlanta Falcons quarterback Michael Vick's involvement with dog fighting.

The bill had multiple sponsors in the Senate and Assembly. The senate bill number is S06466. The assembly bill number is A10093. This law is to take effect immediately.

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In People v. Baker, [Slip Op. 100618] the Appellate Division Third Department upheld a county court decision to set aside the verdict convicting the defendant of the crimes of vehicular manslaughter and driving while intoxicated because the People had not elicited proof of calibration of the device used when analyzing the defendant’s blood.

In People v. Neptune, [Slip Op. 04731] , the Appellate Division Second Department ordered a new trial for the defendant who was convicted of manslaughter in the second degree because the court over defense counsel’ objection repeatedly defined the term ‘Recklessly” in a manner that substantially deviated from the Penal Law definition and from the pattern criminal jury instructions.

In People v. Crespi, [Slip Op. 04882], the Appellate Division Second Department reversed a lower court’s ruling that penal law §120.05(10) is unconstitutional and remitted the matter to the county court for a new determination on the issue of whether penal law §120.05(10) is unconstitutional because the State Attorney General’s Office had not been put on notice in accordance with CPLR 1012(b) and Executive Law §71.

In People v. John, [Slip Op. 04543], the Appellate Division Second Department held that the defendant was not deprived a fair trial when the trial court administered a third Allen Charge. In People v. Sanders, [Slip Op. 04552], the Appellate Division Second Department, held the court did not make an error when it granted a mistrial – instead of giving a fourth Allen Charge-when the jury sent a fourth note to the judge stating they were deadlock.

In People v. Charlotten, [Slip Op 16757] the Appellate Division Third Department vacated the defendant’s conviction on the grounds of ineffective assistance of counsel because the defense counsel had allowed his client to plead guilty to violating a temporary order of protection that had become invalid.

In People v. Jean-Laurent [Slip Op 04542] the Appellate Division Second Department ruled that the lower court properly determined that the EMT was qualified to render an opinion that the complainant’s injuries were caused by two blows from a blunt instrument.

In People v. Hough [Slip Op 04541] the Appellate Division Second Department held that the county court properly admitted into evidence expert testimony on the issue of whether the quantity of PCP discovered in the defendant’s possession was consistent with packaging for street sale, as opposed to personal use.

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New York Penal Law §65.35 has been amended to increase the cost of mandatory surcharges and crime victim assistance fees. The mandatory surcharge in felony cases under the penal law is being raised from two hundred and fifty dollars up to three hundred dollars. The mandatory surcharge in misdemeanor cases under the penal law is being raised from one hundred forty dollars up to one hundred seventy-five dollars. The mandatory surcharge in violation cases under the penal law is being raised from seventy-five dollars up to ninety-five dollars. The crime victim assistance fee in all such cases is being raised from twenty dollars up to twenty-five dollars.

New York Vehicle and Traffic Law §1809 has also been amended to increase the cost of certain mandatory surcharges and crime victim fees. The crime victim assistance fee in felony and misdemeanor drinking and driving law cases is being increased from twenty dollars up to twenty-five dollars. [VTL §1809(1)(b)] The mandatory surcharge in felony drinking and driving cases is being raised from two hundred and fifty dollars up to three hundred dollars. [VTL §1809(b)(i) The mandatory surcharge in misdemeanor drinking and driving cases is being raised from one hundred forty dollars up to one hundred seventy-five dollars. [VTL § 1809(b)(ii)] The additional surcharge collected in drinking and driving cases on behalf of the state comptroller has been increased from twenty-five dollars up to one hundred ninety-five dollars. [VTL§§1809-c and1809-e (b)] The mandatory surcharge in certain other vehicle and traffic law cases has been increased from forty-five dollars up to fifty-five dollars. [VTL §1809(1)(c)] There is also now an additional surcharge for those certain other vehicle and traffic law cases of twenty dollars collected on behalf of the state comptroller. [ VTL§ 1809-e (a). ] The crime victim assistance fee in those other vehicle and traffic law cases is still five dollars. [VTL§ 1809(1)(c)] The town and village fee is also still five dollars. [VTL§1809(9)] The surcharge for equipment violations is still thirty dollars. [VTL§ 1809(1)(a)]. The additional mandatory surcharge for violations of maximum speed limits in highway construction or maintenace work areas is still fifty dollars. [ VTL §1809-d]

All of the above amendments will take effect July 1, 2008 except the increase in the additional sucharge collected on behalf of the state comptroller which will take effect August 1, 2008. [VTL §1809 and 1809-e] The senate bill number is S06806C. The assembly bill number is A09806C.

A copy of a memo from the State of New York Office of the State Comptroller to Town and Village Justices and Court Clerks regarding the new mandatory surcharges and Fees can Be found at: http://www.osc.state.ny.us/localgov/finreporting/jcef/070908.pdf

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Any person after October 31, 2008 who etches, paints, draws or otherwise places or displays a noose on any private or public building or other real property without the express permission of the owner or operator of such building or real property with the intent to harass, annoy, threaten or alarm another person because of a belief or perception regarding such person’s race, color, national origin, gender, religion, religious practice, age disability or sexual orientation shall be guilty of the crime of aggravated harassment in the first degree. Aggravated harassment in the first degree is a E-Felony punishable by up to four years in prison. [PL§240.31 ] The bill was sponsored by Senator Skelos (S6499) and Assemblyman Lentol (A9480) . Governor David A. Paterson announced he signed the bill into law on May 15, 2008. The bill was drafted in response to the Jena Six incident.

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On May 14, 2008, the governor of New York-David A. Paterson- announced he signed the Electronic Security and Targeting of Online Predators Act (e-STOP) sponsored by Senator Dean Skelos (S06875) and Assemblyman Joseph Lentol (A09859) . This new law: (1) requires convicted sex offenders to register their internet screen names with the Sex Offender Registry; (2) allows social networking web-sites -like Face Book and My Space- to obtain those screen names in order to prohibit those account holders from entering web-sites on which they could contact children; and (3) prohibits convicted sex offenders who are on probation, conditional discharge or parole from using the internet to contact children. A person listed on the Sex Offender Registry who fails to register any Internet or email account used for the purpose of online chatting, instant messaging or social networking or fails to timely notify the state that they have changed their e-mail address or created a new on-line profile is guilty of a felony. The new law applies to all past and future individuals listed on the Sex Offender Registry and takes effect immediately.

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As of May 18, 2008, a person is guilty of assault in the second degree if he or she intentionally causes physical injury to another person who is more than ten years their senior and who is age sixty-five years or older. Assault in the second degree is a class D violent felony that is punishable by up to seven years in prison. [PL§§120.05;70.02(1)(c); 70.02(3)(c)] The bill was sponsored by New York State Senator Golden (S06979) and New York State Assemblyman Silver (A9818) . New York State Governor David A. Paterson announced the bill was signed on May 2, 2008. The law was passed in response to last years savage beatings of 101 year old Rose Morat and 85 year old Solange Elizee of Queens, New York. The law is known as “ Granny’s Law”.

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