A wrinkle in the Penal Law; prosecutions for Manslaughter in the First Degree where the defendant did NOT intend to cause serious physical injury, but death results.
A person is guilty of Manslaughter in the First Degree when, with intent to cause serious physical injury to another person, he causes the death of such person (CJI2d [NY] Penal Law § 125.20[1]). Penal Law § 10(10) defines “serious physical injury” as physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of...
read moreArrested for a crime in NYS before age 19, am I a JD, JO,YO or an adult?
Generally those less than 16 years old are not criminally responsible for conduct (PL§ 30.00(1). Except for Juvenile Offenders (JO) all youths under the age of 16 are adjudicated exclusively in Family Court where they are prosecuted as Juvenile Delinquents. Fam Ct Act art 3. There are exceptions to every rule of course, this is NYS. JOs can be charged with committing serious felonies as young as age 13. See, PL § 70.05. First...
read moreA Rose By Any Other Name
by William T. Easton, a/k/a “Bill”, a/k/a “Billy” In recent years our firm has noted the prosecution’s increased use of monikers or “a/k/a”s in the captions of indictments, especially for those defendants charged federally with gang-associated offenses such as Racketeer Influenced and Corrupt Organization (RICO) crimes, CCE (Continued Criminal Enterprise) crimes, and defendants charged state-side with gang-related offenses. Oddly, this firm has not detected a similar increase in our white collar practice, even in conspiracy...
read moreOnce Again: Statutory Language Cannot Be Simply Ignored By Prosecutors
The New York Court of Appeals, in People v Brumfield (2015 NY Slip Op 01377 [2/17/15]), affirmed the holding of the Appellate Division, Fourth Department (109 AD3d 1105 [4th Dept 9/27/13]), that the District Attorney cannot condition a defendant’ right to testify at the grand jury on the defendant’s willingness to sign a waiver form that waives more rights than required by CPL 190.45 and 190.50. As discussed in a post after the Appellate...
read moreDon’t talk to federal agents. Ever.
Regent Law Professor James Duane’s lecture “Don’t Talk To The Police,” outlining why citizens should always exercise their 5th Amendment right to remain silent when questioned by government agents can found here. The proscription in the title or this post is slightly more limited (federal agents) and based not on the Constitution, but on a particular federal statute: 18 USC § 1001. In New York, for example, the police are permitted to lie to you...
read morePolice Ignorance Is An Excuse Under Federal, But Not New York, Law
by Jill Paperno, Esq., author of Representing the Accused:A Practical Guide to Criminal Defense and Brian Shiffrin, Esq., Easton Thompson Kasperek Shiffrin LLP On December 15, 2014, in Heien v. North Carolina, the United States Supreme Court found that a police officer’s mistaken belief that the law required two working brake lights, when it only required one, which led to a stop and consent search of a vehicle, was reasonable, and as such, the product of the...
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