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Blog Posts in 2011

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Gambling against your lawyer's advice is a losing propositon

"You got to know when to fold, know when to hold em, know when to walk away, know when to run . . . you never count your money when you're sitting at the table, there'll be time enough ...
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Domestic Violence and Contempt of Court

Domestic violence crimes are prosecuted under numerous sections of the Penal Law, including assault, menacing, reckless endangerment, stalking ( found in article 120 of the Penal Law), homicide ( ...
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Sale of Illegal cigarettes and improperly licensed alcohol

Two great revenue raisers enthusiastically endorsed by Mayor Michael Bloomberg are vigorously prosecuting and fining those accused of violating the rules and regulations dealing with the sale of ...
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Fire Department Violations

When I first started practicing law, neither I nor any other lawyer plying the halls of the criminal courts of New York City ever heard of fire department summonses. Well, that is not exactly ...
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Anwar al-Awlaki and the ethics of killing American citizens without a trial

Just as all loyal Americans rejoiced at the elimination of Osama bin Laden, it is clear that few tears were shed when Anwar al-Awlaki, the charismatic Muslim preacher who spread his poisonous message ...
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Enterprise corruption and identity theft in Queens County, New York

A friend and colleague called me yesterday morning and told me that Justice Buchter needed me in his part to represent a defendant. He explained that Justice Buchter had requested the services of ...
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Battered Wife Syndrome as a defense to murder: the Barbara Sheehan trial

During the last two weeks or so, every day that I have gone to handle my complement of murder cases before Chief Homicide Judge Gregory L. Lasak, I am greeted by famous New York Post photographer ...
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Early Interevention Can Avoid Arrest (With a little bit of luck)

It was a more or less paradigmatic Medicaid fraud involving a recipient rather than a provider of professional health care services. The clients were accused of having fraudulently accepted a ...
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Domestic Violence in New York

Domestic Violence is generally accepted to encompass a pattern of behavior by one or both partners in an intimate relationship that is characterized by any one of a number of abusive behaviors. ...
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Controlled substance crimes prosecuted in the state of New York

If one counts crimes involving the use and distribution of marijuana as drug crimes, there are thirty different crimes prosecuted by the state of New York as "drug crimes." Two questions are ...
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Violent Crime

Violent crime comes in all shapes and sizes. The common denominator of all violent crime is that it involves behavior that is characterized by great physical force so as to either inflict or attempt ...
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Domestic Violence: The police are NOT your friends

Arriving at my office this morning, my assistant greeted me and told me that a physician had just called and had to see me immediately. He was arrested on domestic violence charges of assaulting and ...
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The right to a public trial is not absolute

One of the basic rights of criminal defendants is the right to a public trial. When our forefathers established the constitution, one of the abuses that they sought to curb were secret trials that ...
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The M.H.L. Article 10 Trial: The Experts

In our last blog entry, we discussed jury selection as it relates to the trial of a matter brought pursuant to article 10 of the New York State Mental Hygiene Law. This entry will focus on the nature ...
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The M.H.L. Article 10 Trial: Jury Selection

Even though it is not classified as a criminal trial, when your client faces what essentially amounts to life imprisonment without parole, it sounds like a criminal trial to me. Especially when the ...
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A Civil Commitment Trial of an Mental Hygiene Law Article 10 matter: Introduction

I am proud of the fact that I am one of the first private lawyers in New York City to receive a special certification authorizing me to represent detained sex offenders with respect to prosecutions ...
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"Oliver" and "Raymond": Dissociative Identity Disorder as a Psychiatric Defense to Murder: Part II

After numerous consultations between Dr. Levin and Oliver/Raymond, many meetings and telephone discussions between Dr. Levin and I and many hours of client consultations in person and by ...
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"Oliver" and "Raymond": Dissociative Identity Disorder as a Psychiatric Defense to Murder: Part I

A trial lawyer must maintain whatever level of skill he (or she) has reached and hopefully improve his skills as well. In addition to whatever natural affinity for the field an advocate possesses, it ...
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People v. Lypka-Can a radio run supply probable cause to search?

We all know that in order to stop and search (or seize for that matter) a person or alleged perpetrator, the law enforcement official must have "probable cause." Probable cause is like what ...
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U.S. Supreme Court ruling against juvenile life sentences is ignored by Florida

Late last year, in a case forever formally memorialized as Graham v. State of Florida , 130 Supreme Court Reports 2011, the United States Supreme Court declared it unconstitutional for non-homicide ...
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It may be Prosecutorial Misconduct but it still can put you in jail for a long time

Yes, the police and prosecutors do commit misconduct much more than you can imagine but it still can send you do jail. Edward Isaacson learned that the hard way as chronicled by the New york state ...
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The right to confrontation and missing witnesses

One of the basic rights of criminal defendants is the right of confrontation. Implicit in our system of justice is that each criminal defendant has an absolute right to cross examine the witnesses ...
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Admissable? No. Persuasive? YES!!: A True Tale of Polygraphs and Private Eyes

Yesterday, April 14, 2011 marked the splendid confluence of three wonderful events, only the last of which is relevant to this article. Nevertheless, I celebrate the birthdays of my cousin and ...
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People v. Gomberg: Can one lawyer represent multiple defendants

Frequently, a situation arises where two or more co-defendants want to hire the same lawyer. If there are no inconsistent claims or substantial differences in criminal culpability, then there really ...
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Is there any ecstasy in the Nassau County Crime Lab

Back on December 1, 2010, the Nassau County Police Forensic Evidence Bureau in Mineola was placed on probation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board ...
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