Articles Posted in New York City

The Facts:

A New York DWI Lawyer said a customer service agent for an airline at Los Angeles International Airport became suspicious of two cartons delivered to the terminal. The cartons had been left for shipment to New York’s Kennedy Airport, consigned to a certain individual, care of defendant. Acting under tariff regulations, the agent slit the larger of the two cartons and observed what, from his previous experience, he believed to be marijuana. The Los Angeles police were notified who, without a search warrant, inspected the contents and confirmed the agent’s discovery. One of the cartons was emptied of its contents, refilled with sand, and both cartons were sent on their way. At 11:30 P.M. that evening, one of the officers involved telephoned a detective of the New York City police who has been a member of its Narcotics Bureau for 12 years. According to the detective, the officer told him that the marijuana was on its way to Kennedy Airport, that they have already got some out and that the airline employee found it.

The following morning, the detective went to the Kennedy Airport with knowledge of the defendant’s name, the air flight number, arrival time, and air bill number. At 7:00 A.M., the two described cartons arrived. They were marked with the names of the recipient, care of defendant. The detective went close to the shelved cartons and detected a strong odor of marijuana. He did not open the cartons but kept them under surveillance.

Continue reading

In 2003, a senior building inspector for the Village of Westbury in Nassau County, New York, was working on a code violation case involving the operation of an illegal boarding house. The house in question was zoned as a single family dwelling house located at 335 Princeton Street. The home was occupied by several persons who were clearly not related. The code enforcement officer spent many hours surveying the home. He documented that there were more than twelve individual people that he observed going in and out of the home at different times. He documented the presence of eight vehicles that were each registered to different people with different last names.

A New York DWI Lawyer said he contacted the city garbage service and interviewed the garbage man about the amount of garbage that was picked up from that location. The garbage man gave him a sworn written statement that he had noticed that the house produced more than five times the amount of garbage that any of the other homes in that area produced. The senior code enforcement officer had recently been transferred to the Village earlier that year from a Village that was more proactive about handling the enforcement of code violations involving illegal boarding houses. The code enforcement officer was well versed in obtaining search warrants for properties that he needed to inspect. Without a search warrant, the occupants of the dwelling do not have to allow an officer to enter upon the dwelling. This right against illegal search and seizure is spelled out in the United States Constitution in the Fourth Amendment.

The rights that are ensured by the Fourth Amendment to the Constitution are taken very seriously. In this case, the officers involved did not limit the scope of their search as was required by the details in the warrant. The warrant allowed that the dwelling be searched for evidence of an illegal boarding facility. The code enforcement officer brought along several Nassau County police officers to assist him with the search of the home. These officers were not as well versed in the case as the code enforcement officer. That meant that they chose to handle the warrant the same way that they would have handled a criminal warrant.

Continue reading

In New York, the legislature decided that stronger steps had to be taken to ensure that repeat offenders of sex crimes were taken out of the community. A New York DWI Lawyer said that in order to ensure that repeat sex offenders did not recidivate in the community for as long as possible and to ensure that they were given whatever treatment that might be available to ensure that they do not repeat their crimes. This law is the Sex Offender Registration Act. SORA is what it is called for short.

SORA is designed to target sex offenders on their second or third offenses and provides harsher punishments and stricter supervision of these offenders. SORA sets guidelines that must be followed for all sex offenders. If a sex offender is found to have committed a sex offense before, he will most likely be categorized as a level two sex offender. If he has committed a third or subsequent sex offense, or the offenses were of a high and aggravated nature, he can expect to be categorized as a level one offender. Level one offenders are given stiffer sentences and tighter supervision. It is therefore, in a felon’s best interest to attempt to minimize his sentence within the scope of possibility. A New York DWI Lawyer said this would provide him with a greater amount of freedom when he is paroled as well as a shorter prison sentence.

A New York DWI Lawyer said most of these offenders appeal their categorization in an effort to reduce their sentence or their SORA level. One such offender, impressed the court with the scholarly letters that he wrote in an effort to reduce his categorization. He contends that in order for the court to apply a sentence to a non-sentence statute such as SORA, they must use Penal Law §70.3(1) and that to do otherwise would be inaccurate. However, he noted that the first sentencing guidelines statute was created in 1909 as the 1909 Penal Law. He contends that the 1909 Penal Law uses a different system of analysis. The court pointed out that one of the legal points that impressed them about these well written letters was the information regarding the 1909 Penal Law. The court admitted that until reading this man’s letters, they were not even aware that the 1909 Penal Law existed. They also contend that while it brings about an interesting question of law, it would not be correct to use this prior law when assessing a sentence on a person in the modern age.

Continue reading

Debra Aughenbaugh and Lani J. Aughenbaugh are the plaintiffs in this case. The defendants in the case are Napper Tandy’s of Northport, d/b/a Napper Tandy’s and Parkstown, Inc, d/b/a Napper Tandy’s of Smithtown. The third party plaintiff in the case is Parkstown, Inc. d/b/a Napper Tandy’s of Smithtown. The third party defendants are Matthew Borowski and Phoenix 4 Contracting Inc. The case is being heard in the Supreme Court of the State of New York located in Suffolk County. Judge Ralph F. Costello is overseeing the case.

Case Background

A New York DWI Lawyer said this case involves a personal injury action. Lani J. and Aughenbaugh allegedly sustained injuries from an automobile accident that occurred on Route 25 A on the eleventh of August, 2011. The accident occurred when their vehicle came into contact with a vehicle that was being driven by Matthew Borowski. The vehicle driven by Borowski was owned by Phoenix 4 Contracting.

Continue reading

The petitioner in this case is Darryl Nelson. The respondent is Ann B. Dufficy, Justice of the Supreme Court of the state of New York in Queens County. The case is being heard in the Second Department of the Supreme Court, Appellate Division. The Justice presiding over the case is Mangano.

Case Background

Darryl Nelson, the petitioner in this case was charged by the Queensboro Society for the Prevention of Cruelty to Children for child abuse. A New York DWI Lawyer said the petition issued by the Queensboro Society states that Nelson had committed a sex offense against his step daughter, who was 8 years old. He is accused of kissing her on the mouth and lying on top of her and rubbing up and down on her.

Continue reading

The Facts:

On 3 November 2007 at approximately 12:15 a.m., in front of 212 East 122nd Street in New York County, a police officer observed one of the defendants (herein co-defendant) hand to the minor defendant (herein defendant) one (1) clear bag containing marihuana in exchange for a sum of US currency. A New York DWI Lawyer said that immediately after the minor defendant walked away from the co-defendant, the officer observed the co-defendant make a cellular telephone call. Several seconds later, the minor defendant walked up to the co-defendant who then handed the defendant a sum of US currency.

Defendants were arrested and charged with a single count of Criminal Sale of Marihuana in the Fourth Degree, a drug crime.

Continue reading

A married couple who are both hearing impaired had two children born on May 1995 and May 1992. The younger child has spina bifida. The two children were removed from the home and placed in foster care on June 20, 1996 by the Family Court after it found proof of medical neglect and domestic violence.

A New York DWI Lawyer said the husband assaulted the wife with a knife and this landed him in jail. When questioned by the family court if he assaulted his wife with a knife, he denied it. He claims that he and his wife argued and while they were arguing, he was holding a knife. He denied that he hurt her. While he was in jail, he did not see, call or visit his child. After he was released from jail, he still failed to visit, call or write his child. He failed to financially support his child.

The mother underwent therapy and counseling for depression and also for substance abuse. She admitted to her case worker that she had been using marijuana. When the case worker told her to get herself tested for substance abuse and also to submit herself for psychological evaluation, she refused.

Continue reading