Category Archives: Criminal Defense
Incident Involving New York Teen Charged in Fatal Stabbing Raises Questions About Criminal Culpability of Witnesses
News headlines have been dominated by the story of an 18-year-old suspect here in New York who was recently arrested and charged in a stabbing death, and was reportedly surrounded by a crowd of 50 to 70 students during the incident, all of whom were allegedly taking a cell phone video of the attack… Read More »
New York Proposes Tacking Domestic Terrorism Charges onto Certain Violent Crimes
In August, New York Governor Cuomo proposed classifying certain types of violent crimes and killings as domestic terrorism. Doing so would increase the penalties for any violence motivated by gender, race, sexual orientation, or other protected class, and make violence committed against these individuals punishable by life in prison without the possibility of parole…. Read More »
Wrongful Convictions, Exonerations, & Remunerations in New York
Mark Denny’s case has recently made news headlines here in New York: After spending almost three decades in prison for crimes he never committed, the city of New York agreed to pay him close to $10 as part of a settlement; avoiding a costly lawsuit against the city and New York Police Department alleging… Read More »
Will New York’s Elimination of the Gay & Trans Panic Defense Be Challenged in Court as Violating Due Process Rights?
Earlier this summer, New York banned what is known as the gay and trans panic defense, which precludes criminal defendants from raising the defense that they suffered an emotional disturbance that affected their actions upon discovering the victims of sexual orientation or identity. Although never relied on as an official defense, in some cases,… Read More »
If The ABA Adjusts the Definition of “Consent” In Sexual Assault Cases, The Burden in Court Could Shift from Guilty Until Proven Innocent
In August, the American Bar Association (ABA) will consider whether to adopt a resolution (“Resolution 114”) urging all state legislatures to adjust their criminal definition of consent in sexual assault cases (rape cases) to the “affirmative consent” standard. Specifically, the resolution indicates that the ABA “urges legislatures and courts to define consent in sexual… Read More »
New York Begins Expunging Hundreds of Thousands of Criminal Records of Low-Level Marijuana-Related Offenses
In late August, New York started the process of expunging a number of records that included low level convictions related to marijuana as part of a new state law to reduce penalties associated with all marijuana-related crimes. This has important civil rights repercussions because, for far too long, communities of color have been disproportionately… Read More »
Justice Department Announces That Additional Federal Inmates May Qualify for Release Under First Step Act
According to statistics, the federal prison system holds more than seven times the number of inmates that it did in the 1980s, and more than 45 percent of everyone in them is serving time for a drug offense. Still, according to the latest reports, more than 2,200 inmates are set to be released from… Read More »
New York Finally Decriminalizes Some Recreational Use of Marijuana
On July 29, New York State decriminalized recreational marijuana use, making possession of small amounts of marijuana punishable with fines rather than prison time as of August 29 of this year. According to Governor Cuomo, the measure also allows for those who have minor marijuana convictions to have their records cleared. This makes New… Read More »
New York Police Department’s Misconduct Lawsuits Reach Sky-High Numbers
According to newly-released data, New York City has paid out $40 million in settlements to victims of police misconduct; just in 2019, which reflects a 50 percent increase compared to this time last year. This included such settlements as the one connected to the “Bronx rapist,” an individual who was arrested by the New… Read More »
State Supreme Court Orders Social Media Companies to Turn Private Posts Over to Criminal Defense Team
In July, the California Supreme Court made a monumental decision that will change criminal defense trials around the country. Specifically, the Court ordered social media companies – including Facebook, Instagram, and Twitter – to turn over not only public postings, but also private postings from social media accounts to the criminal defense team (as… Read More »
