Category Archives: Criminal Defense
New York’s “Crimes of Poverty”
In just the first three months of 2017, the New York Police Department arrested more than 4,500 people for fare evasion and 90 percent of them were black or Hispanic. In 2016, young black men between the ages of 16 and 36 made up half of all fare evasion arrests even though they represent… Read More »
Legal Marijuana In New York: Questions Remaining
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 »
Trial of Officer Who Shot Innocent After Mistakenly Entering His Apartment Thinking It Was Her Own Places Unique Interpretation of Castle Doctrine in Question
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 »
New York’s New Sex Abuse Law Brings Forth Hundreds of New Allegations
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 »
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 »
