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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

October 5, 2016
New York Appellate Court Limits the Dying Declaration Exception

By Michael H. Joseph

Our White Plains criminal defense attorneys keep up to date on changes in the law as it relates to civil rights and criminal defense. One of the firmest beliefs among criminal defense lawyers is that the accused has a right to confront their accusers and cross examine those who give evidence against them. This fundamental principal prevents evidence from going before a jury without being challenged and is one of the fundamental principles underlying the hearsay rule. The hearsay rule which is a common law rule that prevents out of court statements from being stated to the jury, when the… Read More

October 5, 2016
Is New York’s Loitering for Prostitution Law Constitutional

By Michael H. Joseph

A constitutional challenge has been launched against New York’s law prohibiting loitering for the purpose of prostitution law. The law prohibits remaining or wandering about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of patronizing a person for prostitution. The law also prohibits remaining or wandering about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to… Read More

January 16, 2016
A New Claim For Unjust Enrichment

By Michael H. Joseph

The Westchester business litigation lawyers at The Law Office of Michael H. Joseph, PLLC are breaking new ground in the legal field involving an unjust enrichment claim. Our New York commercial litigation attorneys won a major victory in overcoming a motion to dismiss in a case where our client who is an import company had property which was stored at a warehouse and a customer, who was going out of business unlawfully took their inventory and sold it. While the company that misappropriated the goods was clearly liable, they are in Bankruptcy, so our attorneys were able to establish that the their… Read More

 
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