NY Assemblyman Wants Stronger Boating while Intoxicated Laws

August 24, 2016

DWI is in the news constantly. Reports surface on a regular basis of crashes, driving while intoxicated with children in the car, injuries, fatalities, and more. One group or another calls for lowering the legal limit for blood alcohol levels, stiffer sentences, ignition interlock devices, jail for first offenders, and the list goes on. We hear much less about boating while intoxicated, and when we do read an article or see a newscast on the […] Read On

CTE Concussion Defense

August 17, 2016

You’ve heard about a variety of defenses raised in criminal prosecutions. Some of them consist merely of evidence that the defendant did not commit the crime charged. An alibi is an example. Some other defenses, however, admit that the defendant committed the act, but assert that he is entitled to an acquittal for one of a variety of reasons. Those reasons include, among others, that the defendant (a) acted in self-defense, (b) was induced by […] Read On

Charges Dismissed Against West New York Mayor

July 18, 2016

A New Jersey mayor has had the bulk of the kickback charges against him dismissed by a federal judge. Felix Roque is the mayor of West New York, New Jersey, a town just across the Hudson River from Manhattan. He had been indicted by a grand jury on three counts that, interestingly enough, were not related to his public duties. They concerned Roque’s medical practice – he’s an anesthesiologist. Here’s the background of the story. […] Read On

NYC Traffic Law Ruled Unconstitutional

June 29, 2016

Who would have thought that a New York City traffic regulation would end up the subject of a constitutional battle? But that’s what has happened in the Big Apple, where a Queens judge ruled that the one of the city’s “Vision Zero” traffic laws is unconstitutional. The regulation at issue in the case, §19-190 of the New York City Administrative Code, provides additional penalties for failure to yield the right of way on city streets. […] Read On

Major Crimes Down in New York

June 10, 2016

To read some of the recent claims by law enforcement and by politicians, you’d think that we were in the midst of the greatest crime wave in history. Without elaborating on those claims, the pundits then go on to blame specific groups, specific lawmakers, and specific policies for the alleged wholesale destruction of the fabric of America. But hold on just a minute. Here are a couple of examples of what we’re talking about. FBI […] Read On

Verdict stands in face of juror misconduct charge

June 3, 2016

Peter Liang is an ex-police officer with the NYPD. He was convicted in February of manslaughter in the accidental fatal shooting of an unarmed man in a housing project in Brooklyn. After the verdict was announced, but before Liang was due to be sentenced, media reports claimed that one of the jurors lied to the attorneys in the case. During voir dire – the questioning of potential jurors prior to trail – the juror said […] Read On

1964 Murder Conviction Vacated . . . Finally!

June 2, 2016

It was October 1963. John F. Kennedy was President. Singer Sam Cooke was arrested for trying to register at a “whites only” motel in Louisiana. A first class stamp cost 4¢. And Lawrence Rothbort was shot to death in his Brooklyn apartment. Shortly after the Rothbort shooting, a 29-year old man, Paul Gatling, was questioned about the killing, then arrested and charged with first degree murder. He was facing the death penalty. A year later, […] Read On

What’s Behind the Drop in Crime in New York?

May 6, 2016

Before we talk about the drop in crime in New York City, we should briefly describe what has occurred here over the past 25 years. Back in 1990, there were about 530,000 crimes reported. The specifics include the following arrests statistics: 2,245 murders. 17,497 transit crimes. 24,000 (approx.) criminal trespass arrests. 47,000 (approx.) marijuana arrests. Over the course of a quarter century, all those numbers have been reduced drastically. For example, there were 352 murders […] Read On

Tough Times for NY Department of Corrections

April 29, 2016

It’s not every day that you read or hear news about the New York Department of Corrections. But over the past several months, there has been no shortage of stories on the DOC, most of them negative. And the stories don’t stop with the DOC; they extend to the head of the correction officers union. As we all know, the report of an allegation in the news doesn’t mean that anyone is guilty of anything. […] Read On

Facebook Parody Leads to Felony Charge

April 9, 2016

You might conclude that the police department in Parma, Ohio hasn’t much of a sense of humor. They appear to have been so incensed at a parody of their Facebook page that they’ve arrested the man responsible and charged him with a felony, “disrupting public services.” Anthony Novak created a Facebook page entitled “The City of Parma Police Department.” In it, Novak inserted numerous articles about the goings on in the city, and it’s the […] Read On