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Monthly Archives: September 2019

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New York Proposes Tacking Domestic Terrorism Charges onto Certain Violent Crimes

By Phillip J. Murphy |

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 »

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Wrongful Convictions, Exonerations, & Remunerations in New York

By Phillip J. Murphy |

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 »

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Will New York’s Elimination of the Gay & Trans Panic Defense Be Challenged in Court as Violating Due Process Rights?

By Phillip J. Murphy |

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 »

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If The ABA Adjusts the Definition of “Consent” In Sexual Assault Cases, The Burden in Court Could Shift from Guilty Until Proven Innocent

By Phillip J. Murphy |

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 »

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New York Begins Expunging Hundreds of Thousands of Criminal Records of Low-Level Marijuana-Related Offenses

By Phillip J. Murphy |

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 »

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Justice Department Announces That Additional Federal Inmates May Qualify for Release Under First Step Act

By Phillip J. Murphy |

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 »

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Phillip J. Murphy,
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Phillip J. Murphy, Attorney At Law is located in New City, New York and serves clients in and around New York, New Jersey & Connecticut. Contact our experienced criminal defense law firm.
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