Category Archives: Criminal Defense

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 »

Even with New York’s Criminal Discovery Reform, Some Attorneys May Not Be Able to Make Use of Newly-Accessible Evidence
Many have praised New York’s move to reform the criminal discovery, which includes equalizing access to evidence for criminal defendants. Reforms require prosecutors to exchange evidence to defense attorneys within 15 days of arraignment. Access includes recorded and written statements, tapes, electronic, recordings, any visual reproductions, and other electronically-stored information. In addition, defense teams… Read More »

Decision Not to File Civil Rights Charges Against New York Police Officer Involved in Eric Garner’s Death Sparks Outrage
Public outcry emerged on July 16 after the Attorney General announced that federal civil rights and criminal charges will not be brought against the New York Police Department officer who caused Eric Garner’s death in 2014 by placing him in a chokehold. Reportedly, Garner repeated the phrase “I can’t breathe” 11 times during his… Read More »

New York Decriminalizes Certain Forms of Sports Betting
Approximately one year after the US Supreme Court lifted the ban that restricted sports betting, on July 16, New York joined the list of states allowing conditional wagering on sports. This makes New York the ninth state to permit and regulate sports betting after the state game commission approved the relevant regulations. However, making… Read More »

New York Officially Fails to Decriminalize Marijuana
During the week of June 19, New York state lawmakers failed to reach consensus concerning the state’s proposal to legalize (i.e. decriminalize) the recreational use of marijuana. The legislation, titled the Marijuana Regulation and Taxation Act, would have not only decriminalized the recreational use of marijuana, but also addressed the practice of disproportionately policing… Read More »

Will New York Could Soon Decriminalize Sex Work?
Lawmakers in New York recently proposed legislation that would not only decriminalize prostitution, but also allow for criminal records related to a number of sex crimes to be expunged. Specifically, the proposed legislation– titled the “Stop Violence in the Sex Trades Act—would remove criminal penalties for these workers with the hope of increasing workplace… Read More »

As Facial Recognition Software Becomes a Routine Policing Tool In New York & U.S., Civil Rights Concerns Grow
Facial recognition software programs are becoming a routine policing tool in the United States. In fact, the market is expected to reach $375 million by 2025. In a nutshell, the software allows police officers to input images of people’s faces–usually taken in the field or from surveillance–and then compare them to photos that already… Read More »

Federal Government Pressed On Legal Status of Marijuana & Related Products
In late May, a Federal appeals court reinstated the case brought against the federal government concerning the Schedule I status of marijuana. Plaintiffs argue that marijuana continuing to be regulated as a Schedule I drug under the Controlled Substances Act risks their health and perpetuates economic inequities. Meanwhile, in response to the New York… Read More »

Will New York Make It Illegal to Walk & Use Cell Phone at The Same Time?
New York state lawmakers are considering passing legislation that would make it a crime to text and walk at the same time in New York. Specifically, the bill would make it illegal for people to cross the street while looking at (“viewing”) their “portable electronic devices”; even though there is no real evidence indicating… Read More »