Free Initial Consultation 914-574-8330

Tap Here To Call Us

Blog

April 19, 2018
In New York Playground Accident Case- Westchester Supreme Court Recognizes that a Violation of Safety Regulation is Evidence of Negligence

By Michael H. Joseph

Our White Plains playground accident lawyers won a major victory in which the defendants’ motion for summary judgement to dismiss the complaint was denied by the Supreme Court of the State of New York for Westchester county.   The case involved a child who sustained a fracture after falling from playgound equipment at a Mohegan Lake School playground. The Westchester Supreme Court found that our White PIains playground accident attorneys, established a case of negligence based on the school’s failure to comply with applicable regulations regarding the surfacing below playground equipment. In other words, even thought the fall was not the fault… Read More

December 20, 2017
Man Gets Served Cockroach With An Order Of Cappuccino

By Michael H. Joseph

A Manhattan man claims in a lawsuit his cappuccino at a swanky Upper East Side steakhouse came with a nasty addition: a large cockroach. The insect was a nightmarish way to end a meal at The Arlington Club, where dinners can easily hit the $500 mark, said Steven Fleming, who brought friends to the eatery in April. His pals were interested in opening a restaurant, so Fleming wanted to show them the place launched by star chef Laurent Tourondel in 2012. They chowed down on salad, steak, and a glass of wine before ordering dessert and coffee, he said. “I… Read More

September 4, 2017
Summer Criminal Defense Review, 2017

By Michael H. Joseph

Tragedy struck the ordinarily quiet town of Greenburgh, with the arrest of several teenagers for a murder which the Greenburgh police say was intentional.  A sixteen year old is charged with first-degree manslaughter, second-degree criminal possession of a weapon and tampering with physical evidence, all felonies. The police say that the attack was not a random act and two other teenagers are charged with weapons possession and evidence tampering.  While a sixteen year old who is charged with a crime is usually entitled to a youthful offender treatment, with a reduced maximum sentence, armed felonies involving violence are a statutory exception,… Read More

March 14, 2017
What is the Significance of Preet Bharara being Fired

By Michael H. Joseph

In a somewhat unprecedented move after U.S. Attorney for the Southern District of New York, Preet Bharara refused to resign when Trump took office. Not missing a beat, Trump told Bharara, “You’re Fired” much like the line from his Apprentice TV reality show. Now New York Federal Criminal Defense lawyers are wondering how Bharara being fired will affect the policy decisions of Federal criminal prosecutions in the Southern District of New York, which encompasses Manhattan, the Bronx, White Plains and Rockland. There is some speculation that Trump’s administration will be more business friendly and there are likely to be a… Read More

February 25, 2017
Suspect In Karina Vetrano Murder Gives A Detailed Confession

By Michael H. Joseph

It was over six months ago that 30 year-old Karina Vetrano went for a jog at Spring Creek Park near Howard Beach, Queens, New York and did not return. Karina was found raped and murdered prompting a massive manhunt that left the New York City Police without a suspect. Police had several leads but all fell short when trying to identify a suspect. Police hoped that DNA evidence would serve as a link to Karina’s killer as she scratched the attacker leaving his DNA under her fingernails, however, it was not a match to any State or National database, leaving Police still searching for a… Read More

February 25, 2017
Privacy for New York Facebook Users Could be a Thing of the Past

By Michael H. Joseph

Our New York Trial Lawyers have a surplus of experience in defending our client’s Fourth Amendment rights, which protect a person against unreasonable searches and seizures. With new technology always developing and the ability to store unlimited amounts of information on a smartphone or website, the protections provided by the Fourth Amendment are constantly looked at and interpreted to see how they apply to this type of data. This was the central issue of an argument made before New York’s High Court earlier this week after an investigation was launched by the Manhattan District Attorney’s Office into whether certain municipal employees took part in a scheme to fraudulently… Read More

January 26, 2017
Criminal Law In The News For January 2017

By Michael H. Joseph

This week, sixteen people were arrested in Queens following a raid of an underground casino. The New York City Police department found not only gambling devices, but also found drugs. Presumably everyone present will be charged with possession of the drugs, but whose drugs were they. This unfortunately is an issue that our New York City criminal defense lawyers deal with frequently. It is fundamentally unfair that people who did not even know the drugs were present can be charged under the theory of constructive possession of drugs. Basically the government argues that a person’s presence at a location where… Read More

January 21, 2017
New Supreme Court Ruling On “Three Strikes” Law

By Michael H. Joseph

The United States Supreme Court recently ruled that a subsection of the federal Armed Career Criminal Act, which imposes an increased prison term upon a defendant with three or more prior convictions for a “violent felony,” which is commonly known as the ‘Three strikes and your out rule” infringes upon the Constitution’s guarantee of Due Process. The Supreme Court held that the “residual clause” of this federal statute was unconstitutionally vague such that it fails to give ordinary people fair notice of the conduct it punishes. Our Westchester criminal defense lawyers have long fought against arbitrary definitions and unnecessary harsh resuls… Read More

January 21, 2017
APPELLATE DIVISION SUPPRESSES GUN AND DISMISSES INDICTMENT

By Michael H. Joseph

Earlier this week a panel of the New York Appellate Division, Second Department published a decision that is of interest to all criminal defense lawyers who handle gun crime cases. In this decision, the New York Court reversed a trial court decision in People v. Graham, where a man was charged with second-degree criminal possession of a weapon and fifth-degree criminal possession of a controlled substance in February 2013. A panel of judges held that the trial court should have suppressed a gun found by police because the man had not been arrested prior to the police discovery of the… Read More

October 16, 2016
October 2016 Criminal Law Update

By Michael H. Joseph

This morning a suspect in a New York City shooting was shot six times in the chest after the suspect was spotted leaving the erotica book launch party on West 22nd Street between Sixth and Seventh Avenue in midtown Manhattan. According to witness accounts, several individuals became involved in an oral argument and seemed to quash it and even hugged. Then one party started shooting. One of the gunman crashed his vehicle with a police vehicle after fleeing and during a police pursuit. The suspect will likely face charges of attempted murder, assault in the first degree, reckless driving and criminal possession… Read More

 
footer logo