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Legal Marijuana In New York: Questions Remaining

By Phillip J. Murphy |

A number of questions remain concerning the decriminalization (and legalization) of marijuana in New York. Linked to these questions are those related to the state’s approach to CBD products and where things are headed in terms of past drug infractions. Currently, there is a significant amount of uncertainty concerning all of these issues, which… Read More »

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Trial of Officer Who Shot Innocent After Mistakenly Entering His Apartment Thinking It Was Her Own Places Unique Interpretation of Castle Doctrine in Question

By Phillip J. Murphy |

The trial of Amber Guyger–the police officer who shot and killed an innocent man (Botham Jean) after mistakenly entering his apartment, thinking it was her own and that he was an intruder–has garnered national headlines in October. While there have been a number of ‘stand your ground’- (or self-defense) related homicide trials around the… Read More »

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New York’s New Sex Abuse Law Brings Forth Hundreds of New Allegations

By Phillip J. Murphy |

New York’s new sex abuse law has already brought forth hundreds of new lawsuits brought by victims seeking to use the legal system to address the damage done, even if it was many years before. The law – the New York Child Victims Act – created a one-year period whereby victims could come forth… Read More »

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New York Debates Repealing Ban On Conversion Therapy Due to Civil Rights Lawsuit

By Phillip J. Murphy |

New York City Council is currently considering repealing a 2017 law ( 2018/22, the “Counseling Censorship Law”) that banned conversion therapy, which involves attempting to change someone’s sexual orientation and gender identity. The proposal stems from a looming lawsuit that could have nationwide negative implications if the court sides against the city, and which… Read More »

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New York City Judge Recommends Criminal Penalties for Judge Who Threatens to Deport Tenant

By Phillip J. Murphy |

In September, for the first time, a New York judge recommended that the landlord who threatened to call Immigration and Customs Enforcement (ICE) be assessed a criminal fine for violating anti-discrimination and human rights laws. Still, according to reports, there are additional legal proceedings that must occur before the judge’s recommendation goes into effect;… Read More »

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Incident Involving New York Teen Charged in Fatal Stabbing Raises Questions About Criminal Culpability of Witnesses

By Phillip J. Murphy |

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 »

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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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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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