New York Criminal Defense Lawyer Blog

It is being reported that Former NBA player Jayson Williams – who is no stranger to the criminal justice system- has been charged with driving while intoxicated following an accident involving his SUV on the FDR early this morning in Manhattan. Williams was reportedly in the passenger seat when the police arrived and told police someone else had been driving. Consequently, the People may have attempt to rely upon alleged eye witness testimony and any physical evidence in the vehicle to attempt to prove the critical element of operation. If unsuccessful, Williams is looking at another possible acquittal. Williams has only been charged with Driving While Intoxicated and should be presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The State of New York Office of the Inspector General has released a one hundred and twelve page report on its investigation of the trace evidence section of the New York State Police Forensic Investigation Center. The report documents serious violations of internal protocols, quality controls, training techniques and ethical rules. New York State Superintendant Harry J. Corbit responded to the report in a letter to the New York State Inspector General promising that the New York State Police will move quickly to address the issues raised in the report and to ensure there are no similar problems with any other units in the New York State Police Crime Laboratory System.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Last Saturday, Minnesota Vikings running back Adrian Peterson was issued a speeding ticket for traveling 109 MPH in a 65 MPH zone. Last Monday, Minnesota Vikings wide receiver Bernard Berrian was issued a speeding ticket for traveling 104 MPH in a 60 MPH zone. Hopefully, the Vikings have a team bus because they are both at risk of losing their driver’s licenses for at least six months for allegedly traveling over 100 MPH on a Minnesota roadway. Peterson and Berrian are presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

It is being reported that Minnesota Viking running back Adrian Peterson was issued a speeding ticket last Saturday for allegedly traveling 109 MPH in a 55 MPH zone on Highway 62 in Minnesota. In Minnesota, a speeding offense is ordinarily a petty misdemeanor.

A person charged with a petty misdemeanor in Minnesota is not entitled to a jury trial but shall be tried by a judge without a jury. Minn. Stat. § 169.89 subd. 2 If convicted, the person is not subject to imprisonment but shall be punished by a fine of not more than $300 plus a surcharge of $75.00. In addition to or instead of other penalties provided for by law, the trial court may in its judgment of conviction order the convicted person to attend and satisfactorily complete a course of study at an approved driver improvement clinic or youth-oriented driver improvement clinic. Minn. Stat. § 169.89 subd. 5)

A person in Minnesota who violates an established speed limit by driving 20 miles per hour or more in excess of the applicable speed limit, is assessed an additional surcharge equal to the amount of the fine imposed for the speed violation, but not less than $25. Moreover, the driver's license of a person who violates any speed limit in Minnesota by driving in excess of 100 miles per hour, is revoked for six months under Minn. Stat. § 171.17, or for a longer minimum period of time applicable under Minn. Stat. §§ 169A.53, 169A.54, or 171.174. Minn. Stat. §169.14

If a speeding violation endangers persons or property in Minnesota, it can be charged as a misdemeanor with maximum penalties of a $1,000 fine and 90 days’ imprisonment. Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving in Minnesota. Minn. Stat. §169.13 subd.1 Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle, is guilty of careless driving in Minnesota. Minn.Stat. §169.13(1) Reckless and careless driving are a misdemeanor in Minnesota. Minn.Stat. §169.13 subd.1.

A person who is convicted of traveling 109 MPH in 55 MPH zone in New York in violation of VTL §1180-B would be facing a fine of between $180.00 and $600.00, up to 30 days in jail, 11 points on their New York State driver’s abstract and up to an $85.00 surcharge. The New York State Department of Motor would charge them a driver responsibility assessment of $225 per year for three years and suspended their driving privileges for at least 31 days for having accumulated 11 or more points in 18 months. [see: 15 NYCRR 131.4(c)(1)] A single speeding conviction can also increase a person’s automobile insurance premiums by as much as 25 to 27 percent by eliminating any discount they receive for having a clean record and by increasing the base amount by 2% according to Car Insurance. Com. The person could also possibly be charged with reckless driving in violation of VTL §1212 which is a misdemeanor punishable by a fine of between $100 and $300, up to 30 days in jail, 5 points on a New York Driver’s abstract and a surcharge up to $85.00.

Peterson has only been accused of speeding on the highway and should be presumed innocent unless or until proven guilty in a court of law. However, there is no reasonable doubt that Ardian Peterson is guilty of excessive speed on the football field and is one of the greatest running backs in the history of the NFL.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Assembly Speaker Sheldon Silver announced yesterday the introduction of new legislation aimed at making New York Driving While Intoxicated laws the toughest in the country by making driving while intoxicated with a passenger under the age of sixteen a felony and mandating that anyone convicted of a driving while intoxicated misdemeanor or felony offense install an ignition interlock system in their vehicle at their own expense. This new driving while intoxicated legislation is expected quickly pass both houses of the New York State legislature and be signed by New York Governor David A. Paterson.

Continue reading "New York Driving While Intoxicated Laws Expected To Become the Toughest in The Country " »

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Tim Donaghy was released from a Federal Prison in Florida today. Donaghy, who was a referee with the National Basketball Association for 13 years, admitted that in December of 2006 he began accepting cash for providing “picks” on NBA games, including those in which he officiated. Donaghy pleaded guilty to conspiracy to commit wire fraud as part of a scheme to deprive the NBA of his honest services and conspiracy to transmit gambling information back in August of 2007. In July 2008, Donaghy -who could have been sentenced up to 25 years- was sentenced to only 15 months.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Bernard Madoff’s accountant- David G. Friehling - pleaded guilty yesterday in Manhattan Federal Court to a nine count superseding information. The Superseding information contained one count of securities fraud, one count of investment advisor fraud, four counts of filing false audit reports with the SEC and three counts of obstructing or impeding the administration of the internal revenue laws. Friehling –who is 49 years old-could be sentenced up to 114 years in prison. He could also be fined millions of dollars in addition to the $3,183,000 he agreed to forfeit. Friehling has also agreed to cooperate with the Government in its’ continued investigation into Madoff’s fraud. A sentencing control date was set for February 26, 2010 @ 11:00 a.m. Friehling is presently out on a 2.5 million dollar bond.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Jets wide Receiver Braylon Edwards has reportedly been charged with first degree misdemeanor assault for allegedly having punched Le Bron James’ friend Edward Givens outside a Cleveland nightclub back on October 5, 2009. Brylon Edwards could be found guilty of first degree misdemeanor assault in Ohio if he knowingly caused or attempted to cause physical harm to Edward Givens or if he recklessly caused serious physical harm to Edward Givens. [Ohio Revised Code §2903.13 (a)(b)(c)] If convicted of first degree misdemeanor assault, Edwards could be sentenced to no more than 180 days in jail and fined up to $1,0000.00 [Ohio Revised Code §§2929.24 and 2929.28]

If the alleged altercation between Givens and Edwards had taken place in New York, Edwards probably would have been charged with third degree assault. A person can be found guilty of third degree assault in New York if he intentionally causes physical injury to another person. [Penal Law 120.00] Assault in the third degree is a class A misdemeanor in New York punishable by up to one year in jail or a $1,000.00 fine plus a mandatory surcharge of up to $205.00. [Penal Law §§120.00, 70.15(1) and 80.05(1)] .

Edwards only stands accused of assault and is presumed innocent unless or until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

ESPN is reporting that that Jeff Reed - who is the kicker for the Pittsburgh Steelers- was cited for public Intoxication and disorderly conduct outside a Pittsburgh Bar last night after the game against the Cleveland Browns.

In Pennsylvania, a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: engages in fighting; engages in threatening behavior; engages in violent behavior; engages in tumultuous behavior; makes unreasonable noise; uses obscene language; makes an obscene gesture; creates a hazardous condition by any act which serves no legitimate purpose or physically offensive condition by any act which serves no legitimate purpose. In Pennsylvania is a third degree misdemeanor if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct in Pennsylvania is a summary offense.

Similarly, a person is guilty of disorderly conduct in New York when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he: engages in fighting; engages in violent behavior, engages in tumultuous behavior; engages in threatening behavior; makes unreasonable noise; uses abusive language in a public place; uses obscene language in a public place; makes an obscene gesture in a public place; disturbs any lawful assembly or meeting of persons without lawful authority; obstructs vehicular traffic; obstructs pedestrian traffic; congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly conduct in New York is a violation.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Robert Joel Halderman of Norwalk Connecticut has been indicted for attempted grand larceny in the first degree by a Manhattan Grand Jury for allegedly attempting to extort two million dollars from late night talk show host David Letterman. Halderman – who is a producer of the show “48 Hours Mystery” - allegedly threatened to make public potentially embarrassing information about Letterman if he did not get paid two million dollars.

A person can commit larceny by extortion several different ways including when the person compels or induces a victim to deliver property to himself or some third person by means of instilling in the victim fear that –if the property is not delivered, the person will expose a secret or publicize an asserted fact-whether true or false-tending to subject the victim to hatred, contempt or ridicule.

A person is guilty of grand larceny in the first degree when he steals property by extortion valued at more than one million dollars. Grand larceny in the first degree is a class B Felony. Attempted Grand Larceny in the First Degree is a Class C Felony.

If convicted of attempted larceny in the first degree, Halderman faces up to 5 to 15 years in state prison. However, an indictment is merely an allegation and Halderman is presumed innocent unless proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The New York Division of Criminal Justice Services (DCJS) has released a report indicating a decrease in the number of crimes reported in New York during the first half of 2009 as compared to the first half of 2008. The report indicates that:

• The overall number of crimes reported statewide was down 6.6%
• The number of reported violent crimes statewide was down 4.7 %.
• The number of reported murder s statewide was down 10.6 %.
• The number of reported rapes statewide was down 9.1%.
• The number of robberies statewide was down 12%.
• The number of reported aggravated assaults statewide was down .7%.
• The number of reported property crimes statewide was down 4.5%.
• The number of reported Burglaries statewide was down 7.5%.
• The number of reported larcenies statewide was down 3 %.
• The number of reported stolen motor vehicles statewide was down 13.8%.

The only increases noted in the report were a 5.2% increase in the number of reported murders outside New York City and a .3% increase in the number of reported aggravated assaults outside New York City. New York Governor Paterson has has issued a press release stating that the increase in the number of reported murders outside of New York City is attributable to the mass murder that occurred in Binghampton, NY on April 3, 2009.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Former New York Giant Plaxico Burress has been sentenced to serve two years in a New York State Department of Correctional Services facility having previously pleaded guilty to Criminal Possession of a Weapon in the Second Degree. The New York State Correctional Services lists his earliest release date as June 6, 2011 and his maximum expiration date as September 20, 2009.

Plaxico Burress should have been allowed to plea to Criminal Possession of a Weapon in the Fourth Degree in violation of Penal Law 265.01 (1) which is a Class A Misdemeanor. The promised sentence should have been a split sentence of sixty days in jail and three years probation. A condition of his probation should have been that every Friday he had to visit a different high school somewhere in the country to speak about the dangers of carrying a gun. However, none of that was ever going to happen thanks to the Mayor of New York.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Charles Rogers- who was a football standout at Michigan State and drafted second overall by the Detroit Lions in 2003 NFL Draft- was arrested earlier this morning by the Novi Police Department in Michigan and charged with Operating While Intoxication and Operating While License Invalid. Each of the charges is a misdemeanor punishable by a fine of up to 93 days in jail and/or a $500 fine. Roger’s was allegedly found unresponsive inside a 2003 Mercedes that was still in gear and running. Roger’s breath allegedly smelled of alcohol and he allegedly showed physical signs of being intoxicated. Roger’s also allegedly failed a field sobriety test and refused to take a breathalyzer test to measure his blood alcohol content. However, Rogers’ blood was drawn at a local hospital pursuant to a search warrant. The blood sample will be tested by the Michigan State Police. Each of the charges is misdemeanor punishable by a fine of up to 93 days in jail and/or a $500 fine. Rogers has been arraigned and bail was set at $50,000 cash bond/ten percent. The charges pending against Rogers are merely allegations and should be presumed innocent unless or until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Alexander N. Tajong – who ran Tajong Accounting and Tax Services in Bronx, New York- is reported to have plead guilty at the end of last week to twenty counts of aiding and assisting in preparing false income tax returns for his client’s. According to the United States Attorney for the Southern District of New York, Tajong knowingly included false credits and deductions on a number of his client’s tax returns which resulted in his client’s receiving unearned tax refunds. Tajong could be sentenced up to 60 years in Federal prison. He also could be fined up to $100,000 or twice the pecuniary gain or loss resulting from the crime. Judge Cote is scheduled to sentence Tajong on December 11, 2009.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

It is being reported that Billy Gillispie-former basketball coach for the University of Kentucky- has been arrested for driving under the influence of alcohol in Kentucky. If convicted Gillispie could be fined between $200.00 and $500.00, sentenced to jail for up to 30 days, ordered to attend a ninety- day alcohol or substance abuse program, have his driving privileges suspended for up to 120 days and possibly be required to do up to 30 days of community labor . The reports also indicate that Gillispie refused breath and blood tests for alcohol. Refusal to submit to testing is an aggravating circumstance in Kentucky requiring a minimum jail sentence of four days. Gillispie's is also at risk of having his driving privileges suspended for up to 120 days- regardless of whether he is found guilty or innocent of the DUI charge- based upon his refusal to be tested for alcohol. Gillispie is presumed to be innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney for the Southern District of New York has announced that Hassan Nemazee – Chairman and CEO of Nemazee Capital Corporation- has been arrested and charged with one count of bank fraud. Nemazee allegedly obtained a loan for seventy four million dollars from Citibank, N.A. using fraudulent and false documents. Nemazee paid back the loan within twenty-four hours of being questioned by the FBI about the loan. If convicted, Nemazee could be sentenced up to 30 years in Federal Prison and fined one million dollars or twice the gain or loss resulting from the crime. Nemazee is presumed to be innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Michael Horowitz – a chiropractor in Manhattan- pleaded guilty last week in Manhattan Federal Court to one count of conspiracy to commit health care and mail fraud. Horowitz admitted that he and his co-defendant had billed insurance companies more than seven hundred thousand dollars for chiropractic services that had never been performed. He is scheduled to be sentenced December 3, 2009. Horowitz could be sentenced up to 20 years in federal prison. He could also be ordered to pay a fine of over a million dollars and to forfeit all proceeds of his crime.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney for the Southern District of New York announced yesterday that three convicted truck hijackers – Rafael Rodriguez, Angel Diaz and Jorge Cedeno- have been sentenced to long terms of imprisonment. The three men allegedly hijacked tractor- trailers at gun point. They also allegedly used flex-ties to restrain the truck drivers in their sleeper berths or trucks. Rafael Rodriguez was sentenced to 55 years having been convicted of conspiracy to commit kidnapping, conspiracy to commit armed robbery, two counts of kidnapping, two counts of armed robbery and two counts of firearms charge. Angel Diaz was sentenced to 37 years having been convicted of conspiracy to commit kidnapping, conspiracy to commit armed robbery, kidnapping, armed robbery and a firearms charge. Jorge Cedeno was sentenced to 26 years having also been convicted of conspiracy to commit kidnapping, conspiracy to commit armed robbery, kidnapping, armed robbery and a firearms charge. The three men were convicted after a five week jury trial back in July of 2008. The sentences were handed down by United States District Judge Colleen McMahon.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney for the Southern District of New York announced yesterday that Clyde “Peter” Hall –who was a member of the New York Giants in the 1960’s- plead guilty yesterday to one count of conspiring to commit wire fraud and five counts of substantive wire fraud. Hall in exchange for a "refundable" prepaid fee allegedly promised to provide his victims various bank instruments worth hundreds of millions that they could use to obtain loans or fund lucrative investments. Hall allegedly delivered fake bank instruments or did not deliver any bank instruments at all to his alleged victims. Hall –age 70- faces up to 20 years on each count for a total possible federal prison sentence of 120 years. He also faces a fine on each count of $250,000 or twice the gross gain or loss derived from each offense. Hall is scheduled to be sentenced August 7, 2009 at 10:00 a.m.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

On October 18, 2008, New York Yankees pitching ace-Joba Chamberlain- was arrested by a Nebraska State Trooper on suspicion of driving under the influence of alcohol, speeding and having an open container of alcohol in a car. The authorities have reported that Joba’s blood alcohol content was .134 percent. According to the Associated Press, Joba entered a plea of guilty today to driving under the influence of alcohol in full satisfaction of the charges. The reports further state that Judge Laurie Yardley sentenced Joba to probation, fined him four hundred dollars, suspended his driver’s license for 60 days and ordered him to take an alcohol education class. Joba is quoted as stating " I made a mistake and hope over time to turn this into a positive learning experience for me and others." With that outlook, it is easy to understand why Joba Chamberlain is a winner.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Oscar Sanchez –of Brooklyn - is a former branch manager for the Bank of America. He allegedly assisted the “Khan Ring” with opening fraudulent bank accounts and lines of credit at the Bank of America in exchange for an estimated one hundred thousand dollars. The scheme allegedly cost the Bank of America approximately two million dollars. On August 15, 2007, a federal indictment was unsealed charging Oscar Sanchez -amongest others- with conspiracy to commit identification document fraud, production of false documents, use of false ID documents to commit other crimes, aggravated ID theft , conspiracy to commit access device fraud, access device fraud, conspiracy to commit bank fraud and bank fraud. On November 13, 2008, Sanchez pleaded guilty in federal court in Manhattan to one count of bank fraud. On March 25, 2009, Sanchez was sentenced in federal court in Manhattan to sixty-three months in federal prison. Bank Fraud carries a maximum sentence of thirty years in federal prison.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Bernard L. Madoff appealed the judgment of the United States District Court for the Southern District of New York denying him bail pending sentencing pursuant to 18 U.S.C §§ 3143(a) and 3145(c). The U.S. Attorney’s Office filed a forty-one page affirmation in opposition to Madoff’s motion for a stay and reinstatement of bail pending sentencing. The United States Court of Appeals for the Second Circuit yesterday issued a three page decision denying Madoff’s motion having found that the district court did not clearly err in its assessment that Madoff had failed to show by clear and convincing evidence that he was a flight risk.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Department of Justice has announced that New York CPA David L. Friehling - who was the accountant for Bernard L. Madoff Investment Securities, LLC - turned himself in today to federal authorities. Friehling is charged with securities fraud, aiding and abetting investment advisor fraud and four counts of filing false audit reports with the United States Securities and Exchange Commission. Friehling –who was the accountant of the company for the last seventeen years- allegedly falsely certified that he had prepared and audited various financial statements in accordance good accounting standards and principles. The subject financial documents allegedly include balance sheets, statements of income, statements of cash flows and reports on internal control. The subject documents are alleged to have been filed with the SEC and sent to clients of Bernard L. Madoff Securities Investment, LLC. Friehling is scheduled to be arraigned later today in Manhattan federal court. Friehling- who is age 49- faces up to 105 years in a federal prison if convicted. The charges are merely accusation and Friehling is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

On September 29, 2005, Samuel Israel, III pleaded guilty to charges that he and Daniel E. Marino defrauded investors in the collapsed Bayou group hedge fund of more than $450 million. On April 14, 2008 Israel was sentenced to 20 years in federal prison. On June 9, 2008, Israel was scheduled to surrender himself to the Federal Medical Center in Devens, Massachusetts to start serving his 20 year sentence. However, Israel failed to show up at the Federal Medical Center and was a fugitive until surrendering himself to police in Massachusetts on July 2, 2008. On March 16, 2009, Israel pleaded guilty to a single count information charging him with failing to surrender in violation of 28 U.S.C. 3146. Israel is scheduled to be sentenced June 24, 2009 and could be sentenced up to an additional10 years in federal prison.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Bernard L. Madoff appeared in Manhattan federal court today where he waived his attorney's conflict of interests and waived his right to have his case presented to a federal grand jury and consented to be charged in an eleven count felony information.

The first count of the information is securities fraud, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either five million dollars or twice the gross gain or loss from the crime and restitution.

The second count of the information is investment advisor fraud, which is punishable by up to 5 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The third count of the information is mail fraud, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The fourth count of the information is wire fraud, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The fifth count of the information is international money laundering to conceal and disguise proceeds of specified unlawful activity, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either five hundred thousand dollars or twice the gross gain or loss from the crime and restitution.

Continue reading "Bernard L. Madoff Charged with Eleven Felonies In Connection with Alleged Ponzi Scheme" »

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Department of Justice for the Southern District of New York announced today that Harrison Brown a/k/a “H”, Allahvell Cutts, a/k/a “Vell”, Malik Saunders, a/k/a “Man”, and Rasheem Lee, a/k/a “Godson”, were arrested on charges of distributing and selling cocaine and crack cocaine in the Bronx. All of the sales are alleged to have been to an uncover officer. Each of the four defendants in custody face a possible maximum sentence of life in prison if convicted of the top count. Henry Franklin a/k/a “BT,” John Sutton, a/k/a “J-Black,” Raheam Steed, a/k/a “Heeni”, Caleb Hooker, aka “Kahleaf,” and Wajeeh Baker were also charged in the same seventeen count sealed indictment but have not been arrested. Each of the five at large defendants also face a possible maximum sentence of life in prison if convicted of the top count except Hooker who faces a maximum sentence of 40 years in prison. The seventeen count indictment is alleged to have been the culmination of a two year investigation involving the NYPD, ATF , DEA, New State Division of Parole and United States Marshall Services. The four defendants in custody were expected to be arraigned today in Federal Court in Manhattan. The drug trafficking charges contained in the seventeen count indictment are merely accusations and all nine defendants are presumed innocent unless and until proven guilty.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Former NBA Basketball Star- Charles Barley- is reported to have entered a plea of guilty yesterday in a Scottsdale Arizona Court to driving under the influence of alcohol . The reports indicate that Barkley has been sentenced to ten days in jail but will only have to serve five days in jail if he successfully completes a court approved alcohol program. The reports also state that he has been ordered to attend a traffic school and pay $2,000.00 in fines. The reports further state that he is expected to start serving his jail sentence on March 21, 2009. If he were sentenced to jail for 5 days in New York, he would only end up serving a couple days unless he was sentenced on a Friday in which case he would be released that same day. I do not know if the same is true in Arizona.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The Los Angeles Police Department has announced that it has launched an internal investigation into the apparent unauthorized release of photographs depicting injuries sustained by Rihanna during an alleged domestic dispute with Chris Brown back on February 8, 2009. The photograph is believed to have been taken during the official domestic violence investigation. The internal investigation into the leaking of the photograph was launched in response to the department receiving multiple inquires about the release of the photograph. Anyone with information about the unauthorized release of the photograph is asked to contact the “LAPD”. The “LAPD” considers this type of conduct to be a serious act of misconduct subjecting anyone involved with possible termination. I think that a review of the photographic evidence or photographic evidence log should eliminate any doubt whether the photograph was taken during the official domestic violence investigation. If the photograph was taken during the official domestic violence investigation, I think that a review of the chain of custody log relating to this potential key piece of evidence should limit the suspects down to only a few members of the “LAPD” and the person or persons responsible for the leak would be easily identified. A copy of the photograph can be easily found on You Tube. I have choosen not to add a link to the photograph out respect for the alleged victim. Chris Brown is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Capital District low to moderate income homeowners who are facing foreclosure can contact the Foreclosure Prevention Project through the Legal Aide Society of Northeastern New York who has announced that they are ready to assist homeowners facing foreclosure including defending foreclosure litigation and representing clients at settlement conferences. In the Capital District, homeowners should contact the Foreclosure Prevention Project at the Legal Aide Society of Northeastern New York at 1-800-462-2922. Homeowners residing in Fulton, Montgomery and Schoharie Counties should call 1-800-821-8347.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Jason Richardson- guard for the Phoenix Suns and former two time slam dunk champ- was arrested and charged last night with the following misdemeanors and traffic offenses: one count of endangerment related to traffic [ARS 13-1201.a]; two counts of excessive speed [ARS 28-701.02.A2] ; one count of reckless driving [ARS 28-693.A]and one count of failure to use a child seatbelt [ARS 28-907.A]. A Scottsdale Police Officer allegedly caught Richardson on radar traveling 67 MPH in a 40 MPH zone. Richardson allegedly traveled 90 MPH in a 35 MPH zone before the officer pulled him over. Richardson apparently immediately pulled over as soon as the police officer activated his emergency lights. Richardson allegedly identified himself as a member of the Phoenix Suns and admitted to speeding. Richardson’s three- year old son is alleged to have been unrestrained in the back seat of the car. Richardson is alleged to have told the police that he was on his way home from taking his son to dinner. Richardson is not suspected of driving while impaired. Richardson wife came to the scene of the stop to take custody of their three year old child. Richardson was booked and released from the Scottsdale jail a few hours later. The charges are merely accusations and Richardson is presumed innocent unless and until proven guilty in a Court of Law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney’s Office announced today that New York Police Department Officer Yaniris Balbuena was arrested today and charged with a single count of conspiracy to commit money laundering. According to the press release there is evidence that Officer Balbuena –an eight year veteran of the NYPD-may have laundered approximately a quarter of a million dollars in drug proceeds through nine different bank accounts on behalf of her “common law husband”. The press release indicates that her common law husband allegedly was a well known drug trafficker in the Bronx. Officer Balbuena –if convicted- could be sentenced up to twenty years in prison and fined the greater of either $500,000.00 or twice the amount of money she laundered. Assistant United States Attorney kenneth A. Polite has been assigned to prosecute the case. The press release correctly states that the charge is merely an allegation and Balbuena is presumed innocent unless and until proven guilty.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Attorney General Andrew M. Cuomo announced today that former Denmark Town Supervisor- Daniel Hurlburt – has been arrested on charges of Grand Larceny in the 3rd Degree in violation of Penal Law §155.35 and Official Misconduct in violation of Penal Law § 195.00. It is alleged that auditors discovered that between April 2001 and December 2004 Hurlbert wrote himself fourteen checks from Denmark’s general fund account and deposited the checks in his own personal account. It is further alleged that Hurlburt did not have authority or permission to issue the checks from the Denmark general fund. Grand Larceny in the 3rd Degree is a Class D Felony. [PL §155.35] If convicted of Grand Larceny in the 3rd Degree, Hurlburt faces up to 2 1/3 to 7 years in state prison. Official Misconduct is a Class A Misdemeanor. If convicted of official Misconduct, Hurlburt faces up to one year in the Lewis County Jail. Hurlburt was arraigned by Judge John Youngs in Lowville Town Court and released on his own recognizance. Hurlburt is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Governor David A. Paterson announced yesterday that he has appointed Henry “Hank” Lemons to be the interim chair of the New York State Parole Board. The announcement came a week after nominee Felix M. Rosa withdrew his name from contention to replace the former chair- George P. Alexander. Alexander resigned in December just prior to being charged by the New York Attorney General's Office with Grand Larceny in the Fourth Degree [e-Felony], Criminal Possession of Stolen Property in the Fourth Degree [E-Felony] and Criminal Possession of Stolen Property in the Fifth Degree [A-Misdemeanor] for allegedly stealing a laptop computer from the Erie County Probation Department. Lemons has a bachelor's degree in Criminal Justice and a Masters in Organizational Leadership. He also graduated from the FBI National Academy. He is also a former member of the New York City Police Department, a former investigator for the Kings County District Attorney’s Office and a former investigator for the New York Attorney General’s Office. He has been a member of the Parole Board since 2007. He will serve as Chairman until the New York Senate confirms a replacement chair. His annual salary will be $120,000.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

On June 12, 2008, Mark Brenner-also known as “Michael” pleaded guilty to conspiracy charges arising out of his leadership role in the international prostitution and money-laundering enterprise known as “The Emperors Club VIP”. Brenner allegedly conspired to promote, manage, and carry out an illegal prostitution enterprise from approximately December 2004 until March 2008. He also allegedly conspired to launder payments received for prostitution services using bank accounts opened in the name of “QAT Consulting, Inc.’ and “QAT International, Inc.”. The Emperors Club is best known for the role it played in the fall of former New York Governor Elliot Spitzer who was "Client Number 9". Brenner -who could have been sentenced up to five years in prison on the prostitution conspiracy count and twenty years in prison on the money laundering conspiracy count-was sentenced last Friday to thirty months in federal prison. He was sentenced by Judge Denny Chin who was quoted as saying:”I certainly don’t believe that prostitution is a victimless crime.” and “Brenner recruited women to become prostitutes and he controlled the business.”

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

There are reports out today that South Carolina law enforcement officials are considering filing possession of marijuana and drug paraphernalia charges against Olympic swimming sensation Michael Phelps in response to photographs that were recently released showing him allegedly smoking marijuana from a bong. Possession of an ounce or less of marijuana in South Carolina is a misdemeanor punishable by a fine of up to 30 days in jail and a $200 fine. Possession of drug paraphernalia in South Carolina is punishable by a $500 fine. In my opinion, prosecutors will need a lot more than a photograph to prove possession of marijuana. Prosecutors -in my opinion -will need a certified lab test result stating that the substance in the bong at the time Phelps was in possession of it was indeed marijuana. Prosecutors –in my opinion- may not even be able to prove a prima facie case of possession of drug paraphernalia if they do not have at least one witness who can attest to the authenticity of the photograph and Phelp’s geographical location when the photograph was taken.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney for the Southern District of New York has announced that Certified Public Accountant Randal Kase of Chappaqua, New York was arrested today for allegedly stealing tax refund checks from three of his clients. Kase is alleged to have been stealing the three clients' refund checks since June of 2002. Kase is alleged to have told the three clients that they broke even each year. It is alleged that Kase stole approximately thirty-seven tax refund checks over the years. The tax refund checks allegedly totaled over $233,000. Kase is charged with a one count of forging endorsements on treasury checks and a one count of fraud. Kase –age 55- could be sentenced up to thirty years in federal prison and fined up to a one million dollar if he is convicted of both counts. Kase is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Emanuel Medeiros -who pled guilty in federal court to one count of conspiracy to commit mail fraud last September - was sentenced today to forty-six months in a federal prison and ordered to pay $300,000 in forfeitures. Medeiros – also known as Joseph Garcia - allegedly sent thousands of companies all over the world fake invoices labeled renewal notices for non-existent internet advertising services. The invoices were sent out under the names Boom Global Media Inc. and Bradstreet International. Approximately 25,000 companies paid the fake invoices. The majority of the fake invoices were for $297.83. Any company who fell victim to the scam is encouraged to contact Victim Witness Coordinator Wendy Olsen –Clancy at the United States Attorney’s Office for the Southern District of New York by calling 1-(866) -874-8900.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The Department of Justice has announced today that Nicholas Cosmo -who is the owner and president of Agape World, Inc. and Agape Merchant Advance, LLC-, has been arrested by federal agents on charges of mail fraud. Cosmo – like Bernard Madoff- is accused of running a classic Ponzi scheme. Anyone who believes that they have been a victim of the alleged Ponzi scheme is asked to provide the FBI with their full name, address, telephone number and copies –not originals-of any documents that substantiate their loss. The information should be mailed to: FBI New York, Attn: Victim Assistant Program, 26 Federal Plaza, 24th Floor, New York, New York, 10278. The FBI has also set up a hotline number with a message containing detailed instructions. The number is 212- 384-2166. Cosmo has been merely accused of mail fraud and is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

As previously reported in this blog , movie star Matt Dillon was stopped last month for allegedly traveling 106 MPH in a 65 MPH zone. Dillon has been charged with negligent operation of a motor vehicle in violation of 23 V.S.A §1091(a). A person is guilty of negligent operation of a motor vehicle in Vermont if they operate a motor vehicle on a public highway in a negligent manner. [23 V.S.A. §1091(a)(1)] “The standard for a conviction for negligent operation in violation of this subsection shall be ordinary negligence, examining whether the person breached a duty to exercise ordinary care”. [23 V.S.A. §1091(a)(2)] In deciding whether Dillon operated his vehicle in a negligent manner, the jury may consider the rules of the road including the rule that " no person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, having regard for the actual and potential hazards then existing". [CR32-051] Negligent operation is a misdemeanor in Vermont that is punishable by up to one year in jail and a $1,000 fine. [23 V.S.A. §1091(a)(3)] Mark Kaplan- Dillon’s attorney- appeared in court today and entered a plea of not guilty on behalf of Dillon. Dillon did not appear in court. Dillon is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Attorney General Andrew M. Cuomo announced yesterday that Howard Eisenman entered a plea of guilty before Albany County Court Judge Thomas Breslin to offering a False Instrument for Filing in the First Degree (class E felony). Eisenman is alleged to have made false statements about a prior manslaughter conviction to protect his job as a substitute teacher in the public schools. Eisenman is alleged to have made false statements about the facts and circumstances surrounding a prior conviction of manslaughter in a letter to the State Education Department. Eisenman allegedly falsely stated in the letter that the conviction resulted from the death of a passenger in car he had crashed into a tree in Long Island back in the 1970’s. Upon investigation into the prior conviction, it was discovered that Eisenman and another person were convicted of manslaughter for allegedly having recklessly caused the death of a two- year old girl by hitting her with their hands. Eisenman is scheduled to be sentenced in Albany County Court on April 14, 2009. Eisenman -who is 60 years old - faces a possible sentence of up to four years in state prison.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Governor David A. Paterson has nominated Felix M. Rosa, Jr. to be a member and chair of the State Board of Parole. Mr. Rosa has a Bachelor of Arts degree from Eastern Michigan University and a Masters of Social Work degree from Fordham University. Mr. Rosa has been with the New York State Department of Parole for 20 years. He was a parole revocation specialist and parole officer between 1987 and 1990. He was a Senior Parole Officer between 1993 and 1999. He was the Executive Assistant to the Executive Director between 1999 and 2003. He was the Director of Executive Clemency and Secretary to the Board of Parole between 2003 and 2007. He has been the Executive Director of the New York State Division of Parole since April 2007. If confirmed by the Senate, Mr. Rosa's salary as a member and chair of the State Board of Parole will be $120,800. If confirmed, Mr. Rosa will be replacing former New York State Division of Parole Chairman and Executive Officer George B. Alexander who has been charged by the New York Attorney General's Office with Grand Larceny in the Fourth Degree [e-Felony], Criminal Possession of Stolen Property in the Fourth Degree [E-Felony] and Criminal Possession of Stolen Property in the Fifth Degree [A-Misdemeanor] for allegedly stealing a laptop computer from the Erie County Probation Department.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

As previously discussed in this blog, former professional basketball star Charles Barkley was stopped and arrested on suspicion of driving under the influence of alcohol in Arizona. Barkley opted to have a blood test rather than a breath test. The blood test results allegedly indicated that Barkley’s blood alcohol content was .149. The Arizona -like New York- state limit for driving under the influence - known as driving while intoxicated in New York- is .08. If Barkley had been stopped in New York, he would have been charged with driving while intoxicated in violation of VTL §§ 1192(2) and 1192(3). A conviction of driving while intoxicated first offense in New York is an unclassified misdemeanor punishable by a fine of between five hundred and thousand dollars, up to one year in jail, revocation driving privileges for no less than six months, a mandatory surcharge of four hundred dollars and a driver responsibility assessment of two hundred fifty dollars per year for three years. The person may also be ordered to have an alcohol evaluation by a DWI screening and assessment provider and to follow any recommendations for treatment. They would also probably be ordered to participate in the drinking driver program. The person would also face a significant number of other possible collateral consequences. Sir Charles Barkley is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: New York DWI , Recent News

Bookmark:

San Diego Chargers wide receiver Vincent Jackson was arrested a little after 2:00 am today by the California Highway Patrol on suspicion of driving under the influence of alcohol. He allegedly failed a field sobriety test after being stopped for speeding, improper braking and weaving. Jackson is allegedly on probation for a previous DWI arrest. His blood alcohol content has not yet been disclosed. Jackson was taken to the San Diego County Jail and released. Jackson maintains that he is innocent and is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Actor Matt Dillon was arrested and cited earlier this week for traveling in a rented Chevrolet Impala at an excessive speed on a Vermont highway. Dillon was allegedly traveling 106 MPH [171 KM/h] in a 65 MPH [105KM/h] zone. If convicted, Dillon faces a maximum of 90 days in jail and/or a fine of $300.00. He could also have 6 points entered on his Vermont driving record. If the incident had occurred in New York, Dillon would be facing a minimum fine of $180.00, a maximum fine of $600.00, up to 30 days in jail, 11 points on his New York State driver’s abstract and a $80.00 to $85.00 surcharge. He would also be at risk of owing the New York State Department of Motor Vehicles a driver responsibility assessment of $225.00 per year for the next three years and losing his New York State driving privileges for at least 31 days. He could also expect a substantial increase in his insurance premiums for the next several years. Dillon is expected to appear in Vermont District Court on January 21,2009. In New York, Dillon's attorney would probably appear on his behalf. Dillon is presumed innocent unless and until he is proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Professional basketball legend Charles Barkley was arrested early this morning in Scottsdale Arizona on suspicion of driving under the influence of alcohol. [Arrest Report] Barkley was stopped for allegedly failing to stop for a stop sign. Barkley allegedly smelled of alcohol and failed a field sobriety test. Barkley also allegedly declined to take a breath test. Barkley –however- did have a blood test. If Barley’s blood alcohol content was .08 or higher, he is facing a minimum of 10 consecutive days in jail and fines and assessments of at least $1,250. If Barkley’s blood alcohol content was .15 or higher, he is facing a minimum of 30 consecutive days in jail and fines and assessments of at least $2,500. If Barkley’s blood alcohol content was .20 or higher, he is facing a minimum of 45 days in jail and fines and assessments of at least $2,500. In addition to jail, fines and surcharges, Barkley -if convicted-would also be required to undergo alcohol screening, education and treatment and would be ordered to perform community service. He would also have to equip any vehicle he operates with a certified ignition interlock device. Barkley was released after being processed and cited. Barkley is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Ben-Ami Kadish- a former U.S. Army arsenal employee -pled guilty today in Manhattan federal court to participating in a conspiracy to act as an unregistered agent of the Government of Israel. Kadish worked at the U.S. Army’s Armament Research, Development, and Engineering Center at the Picatinny Arsenal in Dover, New Jersey. Kadish allegedly gave classified documents concerning the U. S military to an agent of the Israel Government multiple times between 1980 and 1985. Some of the documents he gave to the Israel agent allegedly concerned the US missile defense system. The Israel agent was allegedly Yossi Yagur. Yagur allegedly photographed the classified documents at Kadish’s home. Kadish is to be sentenced in Manhattan federal court on February 13, 2009. Kadish –who is eighty-five years old-could be sentenced up to five years in federal prison. He could also be fined up to $250,000.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney’s Office for the Southern District of New York and the New York Office of the United States Postal Inspection Service jointly announced today that William Troper -of Tirat Carmel, Israel- has been arrested and charged with one count of mail fraud and one count of mailing threatening communications. Troper under the business name “Check Processing Bureau” [“CPS’] allegedly mailed out notices all over the country telling the recipients that his company was a collection agency hired to collect on a bad check that the recipient had issued and threatening the recipient with criminal prosecution if they did not make good on the bad check. A number of the recipients apparently fell victim to the alleged scheme even though they had never actually issued a bad check. If convicted, Troper could be sentenced up to 30 years in prison. Anyone who believes they were victimized by Troper’s alleged bogus “Bounced-Check” collection scam is asked to contact Wendy Olsen-Clancy who is the Victim Witness Coordinator at the Unites States Attorney’s Office for the Southern District of New York at 866-874-8900. Troper is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Attorney General Andrew M. Cuomo announced today that his office has charged former New York State Division of Parole Chairman and Executive Officer George B. Alexander with Grand Larceny in the Fourth Degree [e-Felony], Criminal Possession of Stolen Property in the Fourth Degree [E-Felony] and Criminal Possession of Stolen Property in the Fifth Degree [A-Misdemeanor]. On April 4, 2008, a $1,700 Gateway lap top computer belonging to the Erie County Probation Department was recovered from Alexander’s home using anti-theft software installed on the computer. Alexander is alleged to have stolen the Gateway laptop computer from work when he was Director of the Erie County Probation Department. Alexander served as the Director of the Erie County Probation Department from February 2000 to February 2007. In February 2007, former New York Governor Eliot Spitzer appointed Alexander to be the New York State Division of Parole Chairman and Executive Officer. Alexander resigned as Director of the New York State Division of Parole Chairman and Executive Officer last week. The position reportedly paid $120,000 per year. The charges are merely accusations and Alexander is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The U.S. Department of Justice and the Federal Bureau of Investigation issued a press release today asking anyone who believes that they have been a financial fraud victim in the case of U.S. v. Bernard L. Madoff to submit the following information to the FBI in New York: (1) full name; (2) mailing address; (3) phone number; and (4) copies –not originals- of any documents that substantiate their loss. The information should be mailed to: FBI New York, ATTN: Victim Assistance Office, 26 Federal Plaza, 23rd Floor, New York, New York 10278. The FBI has also set up a hot line number for victims to call and leave their contact information. The hotline number is (212) 384-2359. Madoff is the investment advisor who allegedly ran the largest Ponzi scheme in history. Losses have been estimated at fifty billion dollars.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

On December 10, 2008, a Manhattan federal grand jury indicted long time New York State Assemblyman Anthony Seminerio of Queens with a single count of honest services mail fraud. Seminerio is accused of giving certain entities with business before the New York State Assemby favorable treatment in exchange for “consulting” fees laundered through Marc Consultants. The fees received are estimated at a million dollars. The entities included hospitals, a consulting firm linked to an educational institution, and a firm that markets supplemental insurance packages to public institutions. Seminero was originally arrested in this case back in September. If convicted, Seminerio –age 78- could be sentenced to up to 20 years in a federal prison. An indictment is merely an accusation. Seminerio is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Gary J. Moscato who owns Earl’s Best Paint and Body Shop in Buffalo, New York entered a plea of guilty today to the E felony of unlawful possession of hazardous waste. David J.Lake who is a part-time employee of Earl’s Best Paint and Body Shop entered a plea of guilty to the E-felony of unlawful dealing in hazardous wastes. Mascato allegedly stored paint solvent waste in five- gallon containers that he paid Lakes three hundred dollars to dump subsequent to discovering how much it would cost him to dispose of it legally. Lakes allegedly removed the labels from no less than 30 five-gallon containers and dumped them in two remote locations in the Town of Cheektowaga. The New York Department of Environmental Conservation spent almost twelve thousand dollars cleaning up the two sites. The two men are scheduled to be sentenced on February 24, 2009. They each face up to four years in prison. Moscato has agreed to reimburse the state for the cost of the clean up. The New York Department of Environmental Conservation investigated the case. The case was prosecuted by the New York Attorney General’s Office. The pleas were entered in Erie County Court.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Poughkeepsie resident Frank Scott Surico who pled guilty last July to having committed six bank robberies was sentenced yesterday to ninety- two months in federal prison. The robberies were committed in the beginning of this year at the following banks: the Webster Bank in Brookfield, Connecticut, the citizen Bank in New Windsor, New York, the Fairfield Bank in Danbury Connecticut, the Catskill Hudson Bank in Middletown, New York and the Citizens Bank in Matamoras, Pennsylvania. He also attempted to rob the Mid Hudson Valley Federal Credit Union in Middletown, New York. His modus operandi was to go up to the tellers, put a plastic bag on the counter, instruct the tellers to put money in the bag and then walk out. He stole a total of approximately twenty three thousand dollars.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York detective Samuel Haigler of the 017 Detective Squad has accused New York Giants’ wide receiver Plaxico Burress of criminal possession of weapon in the second degree in violation of Penal Law §265.03.(1)(b) and criminal possession of a weapon in the second degree in violation of Penal Law 265.03(3).

Penal Law §265.03 states in relevant part as follows:

“A person is guilty of criminal possession of a weapon in the second
degree when:

(1) with intent to use the same unlawfully against another, such
person:

(a) possesses a machine-gun; or

(b) possesses a loaded firearm; or

(c) possesses a disguised gun; or

(2) such person possesses five or more firearms; or

(3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.

Criminal possession of a weapon in the second degree is a class C felony.”

The factual part of the accusatory instrument alleges that an undisclosed informant saw Burress holding a drink in his right hand while fidgeting with the waistline of his pants with his right hand as he was going into the upper level of the VIP section of the Latin Quarter Club on Lexington Avenue in New York City. It further alleges that the undisclosed informant heard a pop and then heard Burress say “Take me to a hospital”. It further alleges that the undisclosed informant saw Burress’s legs begin to shake. It further alleges that the undisclosed informant saw a bloody pistol fall out of Burress’s pant leg. It finally alleges that Burress was taken to New York Presbyterian Hospital/Weill Cornell Medical Center where he was treated for a gunshot wound. According to the accusatory instrument, the alleged crimes took place on November 29, 2008 between the hours of 1:00 a.m. and 2:00 a.m.

If convicted of Criminal Possession of a Weapon in the Second Degree, Burress faces a possible determinate sentence of 3 ½ to 15 years in state prison followed by 2 ½ to 5 years post-release supervision. [PL § 70.02(3)(b), 70.00(6) and 70.45(2)] Burress, however, is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Burress is represent by Ben Brafman who successfully represent Sean “P.Diddy” Combs on weapon charges stemming from a bar room brawl back in 1999. Burress has been released on a $100,000 bail bond.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York State Governor David A. Paterson has given the go ahead for the New York State Department of Corrections to give away seven thousand unused medium weight winter coats to shelters and Salvation Army centers across the state of New York. Inmates at the Clinton Correctional Facility manufactured the unused coats five to eight years ago. The coats were originally to be worn by state correctional officers. However, the correction officers stopped wearing that particular type of coat back in 2006. The coats range in size from 38 R to 68 T. The coats will be given to the following locations starting today:

New York City Area:

1,800 coats to the NY Cares Coat Drive (through WNBC-TV)
500, Rockland County Salvation Army, 179 North Main St., Spring Valley
500, Salvation Army of Peekskill, 117 Nelson Ave., Peekskill

Greater Capital Region:

200, Albany City Mission, 259 South Pearl Street, Albany
108, Saratoga County Adult & Family Services, 152 West High Street, Ballston Spa
108, City of Hudson Coat Drive, City Hall, Warren Street, Hudson
60, City Mission, 425 Hamilton Street, Schenectady
60, Resurrection Lutheran Church, 186 Main Street, Cairo
24, God's Storehouse & Food Pantry, 3 Bogardus Avenue, Catskill
24, Washington County Social Services Dept., 383 Broadway, Fort Edward
24, Hudson Falls United Methodist Church, 227 Main Street, Hudson Falls
24, Families First, 196 Water Street, Elizabethtown

Western New York:

180, Great Commissions in His Service Ministries, 470 Hollenbeck Street, Rochester
140, Salvation Army, four locations: Dunkirk (704 Central Avenue), Batavia (529 East Main Street), Dansville (6 Chestnut Avenue), Buffalo (960 Main Street)
45, Community Action of Orleans & Genesee Counties, 409 East State Street, Albion
45, Buffalo City Mission, 100 East Tupper Street, Buffalo
45, Response To Love Center, 130 Kosciuszko Street, Buffalo
45, Franciscan Center, 1910 Seneca Street, Buffalo
45, Open Door Mission, 165 N. Plymouth Ave., Rochester
45, Friends Of The Night, 394 Hudson Street, Buffalo
45, St. Luke's Mission of Mercy, Walden Avenue, Buffalo
45, Medina Area Association of Churches, c/o Calvary Tabernacle Church, MAAC Clothing Depot, Catherine Street, Medina
25, Catholic Family Charities, 80 West Main Street, Rochester

Hudson Valley:

200, Family of Woodstock, Canal Street, Ellenville
200, Middletown Cares, 47 Academy Ave., Middletown
125, Veterans Pantry at Castle Point, Veterans Administration Hospital, Rt. 9D, Beacon
125, Hillcrest House at Hudson River Housing, 28 Snow Terrace, Poughkeepsie
125, The Oasis, 7 Delavan Ave., Beacon
125, Solid Rock Church, 20 Holleran Road, New Windsor
100, Newburgh Ministry, 9 Johnston St., Newburgh

Central New York/Southern Tier:

100, Catholic Charities of the Southern Tier, 215 East Church St., Elmira
60, Catholic Charities, 607 North Franklin Street, Watkins Glen
50, Refugee Center - c/o Catholic Charities, 1654 West Onondaga Street, Syracuse
50, Unity House of Cayuga County, 108 South Street, Auburn
42, Cortland Loaves & Fishes, 13 Court Street, Cortland
15, Auburn VFW Post 1975, 44 Genesee Street, Auburn
12, Lock-Mor Thrift Store, 57 West Cayuga Street, Moravia

Mohawk Valley:

200, St. Francis Refugee Center, 309 Genesee St., Utica
150, Welcome Hall Rescue Mission, 413 East Dominick St., Rome
100, Hope House, 130 Eagle St., Utica
50, Fort Stanwix Disabled American Veterans, 407 East Dominick St., Rome
Adirondacks:
250, Joint Council For Economic Opportunity Inc., 54 Margaret St., Plattsburgh
250, Comlinks, 343 West Main St., Malone

North Country:

100, Gouverneur Neighborhood Center, 15 Rock Island Road, Gouverneur
100, Watertown Urban Mission, 247 Factory Street, Watertown
100, Ogdensburg Neighborhood Center, 330 Ford Street, Ogdensburg
100, Family Morale & Welfare Recreation, T3 Nash Boulevard, 2nd Floor, Fort Drum 50, Salvation Army, 723 State Street, Watertown
50, Community Action Planning Council (CAPC), 518 Davidson Street, Watertown

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Roger Shearer –of Latham, New York- pled guilty today in Albany County Court to violating the Martin Act. Shearer violated the Martin Act by taking forty-five thousand dollars from investors to buy and rehab a building on the Troy riverfront with no intention of ever doing the project. The sham project was called Gateway Commons. A violation of the Martin Act is a Class E felony. Mr. Shearer is scheduled to be sentenced on December 18, 2008. Mr. Shearer has agreed to pay the investors back in full. The case was prosecuted by the New York State Attorney General’s office.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York State Attorney General Andrew Cuomo has announced today that Maria Geizer of Saratoga Springs, New York has been arrested and charged with the class E felony of unauthorized practice, the class D felony of grand larceny and the class D felony of criminal possession of a forged instrument. Ms. Geizer is alleged to have falsified her educational and professional credentials to gain employment with the Burnt Hills-Ballston Lake Central School District back in 1999. Ms. Geizer allegedly falsely stated on her resume and employment application that she had a master’s degree in psychology and was licensed as a social worker by the New York State Department of Education. Ms. Geizer is also alleged to have put her name on her husband’s master degree and license, which she then submitted to Community Human Services and the Burnt Hills-Ballston Lake Central School District during a random fraulent-billing audit conducted by the Medicaid Inspector General back in 2006. The charges are merely accusations and Ms. Geizer is presumed innocent until and unless proven guilty.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The office of the United States Attorney for the Southern District of New York yesterday issued a press release that their office will not be pursuing criminal charges against former New York State Governor Eliott Spitzer.

The United States Attorney for the Southern District of New York Michael J. Garcia is quoted as stating:

"Eliot Spitzer has acknowledged to this Office that he was a client of, and made payments to, the Emperors Club VIP. Our investigation has shown that on multiple occasions, Mr. Spitzer arranged for women to travel from one state to another state to engage in prostitution. After a thorough investigation, this Office has uncovered no evidence of misuse of public or campaign funds. In addition, we have determined that there is insufficient evidence to bring charges against Mr. Spitzer for any offense relating to the withdrawal of funds for, and his payments to, the Emperors Club VIP.”

Mr. Garcia was further quoted as stating:

"In light of the policy of the Department of Justice with respect to prostitution offenses and the longstanding practice of this Office, as well as Mr. Spitzer's acceptance of responsibility for his conduct, we have concluded that the public interest would not be further advanced by filing criminal charges in this matter."

Ronald H. Tills, a retired acting New York Supreme Court Justice and Court of Claims Judge must be shocked by the announcement since he pleaded guilty in Federal Court approximately two months ago to violating the federal Mann Act by recruiting out-of-state prostitutes to work at Jesters' meetings in various parts of the country. Mr. Tills is scheduled to be sentenced January 12, 2009. He faces a possible sentence of up to thirty-three months in prison.

Former Governor Eliot Spitzer issued the following statement:

“I understand the Office of the United States Attorney for the Southern District of New York has decided that it will not bring criminal charges against me. I appreciate the impartiality and thoroughness of the investigation by the U.S. Attorney’s Office, and I acknowledge and accept responsibility for the conduct it disclosed. I resigned my position as Governor because I recognized that conduct was unworthy of an elected official. I once again apologize for my actions, and for the pain and disappointment those actions caused my family and the many people who supported me during my career in public life.”

It is possible that U.S. Attorneys from districts other than the Southern District could still be considering bringing charges against former New York Governor Spitzer.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The U.S. Drug Enforcement Administration has announced that fifteen Utica residents -alleged to have been involved in a major cocaine distribution operation - were arrested today. The fifteen Utica residents were allegedly involved in distributing cocaine throughout the Mohawk Valley. Each of the fifteen defendants is charged in federal court with conspiring to possess with intent to distribute more than 500 grams of cocaine and in excess of 50 grams of crack cocaine. The fifteen Utica residents named are: Whitney Fowler (28), Andrew Wymes (29), Michael Austin (29), Harold Carr (29), Jermaine Gary (29), Rocky Rock (37), Kashif Shephard (22), Hugh Hill (34), Gino Placanica (32), Mark Baker (31), Michael Williams (36), Christopher Lagasse (26), Jayson Julio (31), Timothy Sweezey( 28) and Marvin Lopez(24). If convicted, the each defendant faces substantial prison time and fines. The minimum prison sentence is ten years. The maximum prison sentence is life. The maximum fine is four million dollars. The minimum period of post release supervision is five years. The following items have been allegedly seized in connection with the case: greater than a half a kilo of cocaine, around 125 grams of crack cocaine, over twenty thousand in cash, seven guns, and nine motor vehicles. Law enforcement officials are still on the lookout for four other Utica residents who have been charged in the case, but presently remain at large: Anthony Bonanza ( White Boy Tone), Christine Carr (Ghetto), Ormuzd Morales (Moose) and Pablo Goico. The following law enforcement agencies have been involved in the case: DEA, FBI, New York State Police, Utica Police Department, Oneida County Sheriff’s Department, Rome Police Department, New Hartford Police Department and the U.S. Marshall Service. Charges are merely accusations. Each defendant is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The U.S. Attorney’s Office in Boston yesterday announced that Massachusetts's State Senator Dianne Wilkerson has been charged with interference with commerce by extortion under color of official right in violation of 18 USC § 1951 and fraud by wire in violation of 18 USC § 1343. The charges arise out of Wilkerson having –amongst other things- allegedly agreed to introduce certain legislation in the Massachusetts State Senate in exchange for cash. Wilkerson allegedly introduced legislation to assist the people who were paying her to get liquor licenses and to be able to obtain state owned land without having to go through the competitive bidding process. The charges are based upon evidence obtained in a sting operation run by the FBI and Boston Police since the spring of 2007. The evidence is alleged to include audio and video tape of Wilkerson accepting more than $20,000 in cash payments from a cooperating witness and undercover agents. If convicted Wilkerson is facing up to 20 years in prison, three years post release supervision and a fine of $250,000 on each charge. Wilkerson is out on $50,000 bail. The US Attorney’s press release correctly acknowledges that charges are merely allegations and Wilkerson is innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Attorney’s Office and the Secret Service jointly announced today that twenty- five year old Stephen Watt from New York has been charged in U.S. District Court in Boston, Massachusetts with conspiracy. Watt is alleged to have provided a “Sniffer Program” used by members of the conspiracy to steal debit and credit card information from corporate computer networks. Watt –if convicted- could be sentenced up to five years in prison, three years post release supervision and fined $250,000. The United States Attorney Office’s press release correctly points out that the charges are merely allegations and Watt is to be presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

State Police Superintendant Harry J. Corbitt announced today that the New York State Police in conjunction with local law enforcement agencies will be stepping up their efforts to catch drunk drivers by increasing patrols and setting up sobriety road checkpoints during the week of October 24 through November 1. This measure is being taken in response the growing popularity of alcohol consumption at Holloween parties.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

It is being reported today that Pittsburgh Steelers’ receiver Santonio Holmes is to be charged with misdemeanor possession of marijuana. The marijuana was apparently discovered by Pittsburgh Police when they stopped Holmes' SUV. The police apparently stopped Holmes' SUV because it matched a description of another vehicle that was suspected of transporting large sums of drugs. The reports indicated that Holmes was allegedly in possession of a small amount of marijuana found inside some cigars. The reports further indicate that the charge carries a sentence of up to one year in jail but usually only results in either a fine or probation. In New York, Holmes probably would have only been charged with unlawful possession of marijuana. Unlawful possession of marijuana (UPM) is not a crime in New York and the maximum fine is one hundred dollars. Holmes may have an argument that the stop was unlawful. If the stop is found to have been unlawful, the marijuana found inside the vehicle should be suppressed and the case dismissed. The bigger question is what sanctions will be imposed-if any- by NFL Commissioner Roger Goodell. I certainly would not mind seeing him suspended for Sunday's game against the New York Giants seeing how he is Pittsburgh second leading receiver this year. Charges are merely accusations and a person is innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Attorney General Andrew Cuomo yesterday announced that Salvatore Musso has been arrested and charged with three counts of grand larceny in the 4th Degree by extortion. Musso is the owner of Musso Plumbing and Heating, Inc in Clarence, New York. Musso’s business was apparently audited in 2006 by the Department of Labor. The audit allegedly revealed that Musso failed to pay twenty-one employees $10, 066.79 in past due wages. The Department of Labor collected the past due wages from Musso and then issued checks to the effected employees. Musso thereafter allegedly demanded the employees cash the checks and give him the cash or he would fire them. The Department of Labor referred the case to Cuomo’s office upon learning of Musso’s alleged demand that his employees pay him the money back or risk losing their jobs. Cuomo’s press release correctly states that the charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in court.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Ninety-two recruits graduated today from the 196th Session of the Basic School of the New York State Police Academy. The ninety- two new troopers are scheduled to report to field duty on October 27, 2008. Thereafter, the ninety-two new troopers will spend ten weeks being evaluated in a field-training program. Senior Field Training Officers supervise the field-training program. Troop A will be receiving seven new troopers. Troop B will be receiving ten new troopers. Troop C will be receiving five new troopers. Troop D will be receiving twelve new troopers. Troop E will be receiving nine new troopers. Troop F will be receiving ten new troopers. Troop G will be receiving eighteen new troopers. Troop K will be receiving eleven new troopers. Troop L will be receiving ten new troopers.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Attorney General Andrew M. Cuomo announced today that his office is bringing hidden cameras to Buffalo area nursing homes. The hidden cameras are used by his office to catch and prosecute crimes relating to nursing home patient abuse. His office by using hidden cameras placed inside nursing homes has already accumulated almost 30 convictions of endangering patient’s health and falsifying records to conceal neglect in other parts of the state. Cuomo just earlier this month announced the arrest of four employees of the Medford Multicare Center for Living in Suffolk, New York based upon evidence of alleged patient abuse obtained using hidden cameras.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The New York State Court of Appeals yesterday issued a decision upholding the convictions of two former Tyco executives-Chief Executive officer Dennis Kozlowski and Chief Financial Officer Mark Swartz. [People v. Mark H Swartz and People v. L. Dennis Kozlowski] The main charges involved the theft of four multi-million dollar “bonuses” between 1999 and 2001. The two Tyco executives were found guilty of eight counts of first-degree grand larceny, eight counts of first-degree falsifying business records, one count of fourth- degree conspiracy and one Martin Act count of securities fraud.

In upholding the convictions, the court held that the admission of an attorney’s testimony about specific facts related to a corporate internal investigation did not improperly express to the jury an opinion about the defendant’s guilt. The Court also held that the lower court did not abuse its discretion by quashing defendant’s subpoena duces tecum seeking factual portions of certain interview notes and memorandum prepared during the internal investigation because the materials sought constituted attorney work product. The Court finally held that if any Apprendi violation occurred, it was harmless.

Each of the defendants were sentenced to 8 1/3 to 25 years in state prison. They were received into the state prison system on September 22, 2005. The earliest they can be released is January 17, 2014.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York Attorney General Andrew M. Cuomo issued a press release today announcing that a grand jury has indicted People’ s Choice Surgical Supplies, Inc. The charges stem out of accusations that the now defunct medical supply company stole over a million dollars by submitting false Medicaid claims for durable medical equipment using identity information stolen from unsuspecting physicians. The charges against the company include - one count of grand larceny in the first degree, one count of grand larceny in the second degree, thirteen counts of criminal possession of a forged instrument in the second degree and five counts of offering a false instrument for filing in the first degree. Three company executives were also indicted- President and CEO Cynthia Williams, Vice President David Williams, and Billing Supervisor Kenya Gadson. President and CEO Cynthia Williams is charged with one count of grand larceny, one count of grand larceny in the second degree, and one count of offering a false instrument for filing. Vice President David L. William is charged with one count of grand larceny in the first degree, one count of grand larceny in the second degree, three counts of identity theft in the first degree, and five counts of offering a false instrument for filing in the first degree. Billing Supervisor Kenya Gibson is charged with one count of grand larceny in the first degree, one count of grand larceny in the second degree, three counts of identity theft in the first degree and four counts of offering a false instrument fir filing in the first degree. People’ Choice Surgical Supplies was once the largest Medicaid durable medical equipment supplier on Long Island, New York. The press release correctly states that the charges in the indictment are merely accusations and the defendant’s are presumed innocent unless and until proven guilty

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The United States Supreme Court approximately three weeks ago granted Troy Anthony Davis- who was convicted by a Georgia jury of murdering an off duty police officer and sentenced to death - a stay of execution pending disposition of his writ of certiorari. The United States Supreme Court announced today that it has denied the writ of certiorari. The Court’s denial of the writ of certiorari automatically terminates the stay of execution. A new execution date has not yet been set.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

A federal grand jury has indicted twenty-year old David C. kernell of Knoxville, Tennessee for intentionally accessing Republican vice presidential candidate Sarah Palin’s E-mail account without authorization on or about September 16,2008. Kernell allegedly changed Sarah Palin’s e-mail password after having successfully answered a series of security questions. Kernell is accused of thereafter taking screenshots of the directory and content of Sarah Palin’s e-mail account and posting those screenshots on a public website together with the new password.

The indictment was handed down by a federal grand jury in Knoxville on October 7, 2008. The indictment was unsealed on October 8, 2008. Kernell surrendered himself and was arraigned before U.S. Magistrate Judge C. Clifford Shirley on October 8, 2008. Judge Shirley released Kernell from custody without bail. Kernell –if convicted- is facing up to five years in prison followed by three years of supervised release and a fine of $250,000. No trial date has been set. The Department of Justice press release correctly points out that an indictment is merely an allegation and Kernell is presumed innocent unless and until proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Denver District Attorney Mitchell R. Morrissey and Denver Chief of Police Gerald Whitman have issued a joint press release today stating that a Denver Grand Jury has handed down a thirty-nine count indictment in the Darrent Demarcus Williams murder case. Williams- who played cornerback for the Denver Broncos and owned independent record label RYNO Entertainment- was shot and killed in a drive- by- shooting while in a rented Hummer Limousine in downtown Denver Colorado on January 1, 2007. Two other passengers in the limousine –Brandon Flowers and Nicole Reindl- also suffered injuries in the drive-by- shooting. Seventeen people were in the limousine at the time of the shooting.

The press release indicates that Willie D. Clark has been charged with two counts of first-degree murder, sixteen counts of attempted first –degree murder, two counts of second-degree assault, illegal discharge of a firearm, sixteen crime of violence counts ( sentence enhancer), and two counts of possession of a weapon by a previous offender. Clark –who is presently in federal custody- faces a sentence of life in prison without parole if convicted of the charges. Clark is of course presumed innocent unless and until he is proven guilty in a court of law.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York State Attorney General Cuomo announced today that the president and vice president of the 229 Knickerbocker Corp have been arrested and charged with falsifying business records in the first degree, offering a false instrument for filing in the first degree and failure to pay wages. The 229 Knickerbocker Corp. is the parent company of the Bushwick Associated Supermarket located at 220 Knickerbocker Avenue in Brooklyn which has been the subject of local boycotts . It is alleged the defendants had baggers working for only tips. It is alleged that delivery people were paid less than minimum wage and were not paid overtime despite working an average of seventy hours per week. It is alleged that cashiers and stock people were not paid overtime even though they worked extra hours almost every day that they worked at the supermarket. It is alleged the defendants maintained books that wrongly showed that no supermarket employee worked more than forty-hours per week. It is alleged that the defendants understated the number of employees working at the supermarket on documents filed with the State’s Unemployment Insurance Fund. The New York State Attorney General’s Office is also filing a civil suit against the supermarket asking for over six hundred thousand in back wages for more than thirty workers who were allegedly underpaid since 2004. Attorney General Cuomo’s press release correctly notes that the charges against the two executives are merely accusations and the two executives are presumed innocent until and unless proven guilty.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Attorney General Andrew Cuomo announced yesterday that former Schenectady Police Chief Gregory Kaczmarek and his wife –Lisa Kaczmarek- have each been indicted of six crimes based upon their alleged involvement with a cocaine and marijuana distribution ring. The charges include one count of conspiracy in the second degree; two counts of criminal possession of a controlled substance in the third degree; two counts of criminal possession of a controlled substance in the fourth degree and one count of conspiracy in the 6th degree. The top count-conspiracy in the second degree- is a B felony which carries a maximum prison sentence of twenty-five years to life. The indictment supersedes an earlier indictment handed down last spring that charged twenty-three other defendants with participating in a drug ring transporting drugs from Long Island to the Schenectady. Nineteen of the defendants have entered pleas of guilty to date. The Attorney General’s office correctly notes in its press release that the charges are only allegations and the defendants are presumed innocent until and unless proven guilty.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News , Stories of Interest

Bookmark:

Corey Williams of the Associated Press is reporting that Detroit Mayor Ken Cockrell, Jr. and Police Chief James Barren have closed the Detroit police crime lab following an audit done by the Michigan State Police that found erroneous or false findings in twenty out of two hundred cases randomly reviewed. The report indicates that the operations of the lab will now be handled by the Michigan State Police. According to the report the lab was temporarily closed last spring when errors were discovered in ballistic evidence in a double homicide case. Per the report the Wayne County Prosecutor –Kym Worthy- has stated that her office will review past cases that used evidence processed by the Detroit Police crime lab. A more detailed audit report is expected next month.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The US Supreme Court yesterday stayed the execution of Troy Anthony Davis less than two hours before he was scheduled to be executed in Georgia. Davis has sat on death row for the last seventeen years for the 1989 murder of off-duty police officer Mark Allen MacPhail at a Burger King in Savannah Georgia. The stay will be in effect while the US Supreme Court considers Davis’ appeal. Supporters of Davis claim that: there is no physical evidence against Davis; the weapon was never recovered; the prosecutors case was based solely upon witness testimony; seven of the nine non-police witnesses have recanted or contradicted their testimony; many of the witnesses have stated that they were pressured or coerced by police; one of the two witnesses who has not recanted or contradicted their testimony is the principal alternative suspect- Sylvester “Red” Coles; and nine individuals have signed affidavits implicating Sylvester “Red” Coles. Many people -not-all- believe Troy Anthony Davis should receive a new trial including former President Jimmy Carter and South Africa Archbishop Desmond Tutu. The US Supreme Court is expected to start discussing the case on Monday.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

In 2001, Diane Whipple was mauled to death by a dog in the hallway of her San Francisco apartment building. The dog that attacked Ms. Whipple was a 140-pound Presa Canario harbored by attorneys Marjorie knoller and Robert Noell. Knoller and Noel were keeping the two Presa Canarios for an inmate whom they eventually adopted as their son. Knoller was returning from walking the dog when the attack took place.

In 2001, Majorie Knoller was convicted of second-degree murder in connection with the attack. The trial judge later reduced the conviction to involuntary manslaughter because he believed Knoller when she testified that she did not know the dog might kill someone. The trial judge then sentenced Knoller to a four-year prison term. In 2004, Knoller was paroled and eventually moved to Florida.

In 2007, the California Supreme Court ruled that the trial judge applied the wrong standard when he reduced the conviction to involuntary manslaughter and returned the case to the California Superior Court to decide whether to reinstate Knoller’s second-degree Murder charge. The Supreme Court held that the People did not have to prove knoller knew the dog was likely to kill. The people only needed to prove Knoller was aware the dog was potentially lethal and exposed others to danger.

California Superior Court Judge Charolotte Woolard reinstated the second-degree murder conviction last month. Yesterday, Judge Woolard sentenced Knoller to 15 years to life in state prison. Knoller will be eligible for parole in 12 years.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

On September 19, 2008, Governor David A. Paterson announced that he appointed Jeffrey A. Aumell to be the District Attorney for Madison County, New York. Mr. Aumell had been the Acting District Attorney in Madison County since shortly after Madison County District Attorney Donald Ceiro resigned to take a position as a New York State Court of Claim’s Judge back in May of this year. Madison County First Assistant District Attorney –Melissa Sterns- briefly filled the position before leaving the Madison County District Attorney’s office to join Judge Ceiro in the New York Court of Claims.

Mr. Aumill received his bachelor’s degree Syracuse University. He also received his law degree from Syracuse University. Mr. Aumill served as the second assistant district attorney in Madison County for approximately six years. He is also a member of Madison County Multidisciplinary Child Abuse Task Force.

Mr. Aumill’s term expires on January 1, 2009. The winner of the November general election will fill the vacancy. Mr. Aumill is the Democratic Party's candidate. Cazenovia lawyer Bill Gabor is the Republican and Independent Parties' candidate. Canasota lawyer Peter Finocciaro is running on the conservative line but announced -after losing in the Republican Party primary- that he will not be actively campaigning for the position.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The Associated Press is reporting that Vermont attorney general candidate- Charlotte Dennett- is promising the residents of Vermont that if she is elected her office will prosecute President George W. Bush for murder. Dennett is reported to have stated that Bush must be held accountable for the deaths of thousands of people in Iraq. Dennett claims that the Vermont attorney general has jurisdiction to do so. According to the report, Dennett intends on naming Vincent Bugliosi-the author of “The Prosecution of George W. Bush for Murder” –as a special prosecutor. Bugliosi is best known for having prosecuted Charles Manson. The incumbent Vermont attorney general-William H. Sorrell- is reported to disagree with Ms. Dennett’s opinion that the Vermont attorney general has jurisdiction to prosecute President Bush for murder.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Governor David A. Peterson yesterday announced the formation of the Task Force on Transforming Juvenile Justice. Governor Paterson in announcing the new task force stated that:

“It is imperative that our State seek alternatives to a costly system that is not serving New York’s children, families and communities well,” said Governor Paterson. “With 80 percent of the children in New York’s custody released and rearrested within three years, reform of New York’s juvenile justice system will not only provide those children with necessary services for success, but will translate into safer communities across the State.”

It is estimated that there is approximately nineteen hundred children presently in the system and that it costs up to two hundred thousand dollars a year per child to run the present system. In sum, it is estimated that the present juvenile justice system is costing the New York State tax payers approximately three hundred eighty million dollars per year with a less than twenty-five percent success rate.

The task force is responsible for looking for ways to improve New York’s Juvenile justice system and layout a plan for changing the system including exploring alternatives to institutional placement, methods to help children re-enter society and redefine the confinement setting for juveniles throughout the State. The task force is also to explore ways to improve methods of treating juveniles with mental health and substance abuse issues.

The chairperson of the task force is Jeremy Travis who is the president of CUNY’s John Jay College of Criminal Justice. The task force will be overseen by the commissioner of the New York State Office of Children and Family Services-Gladys Carrion, Esq. The day-to-day operations will be done by The Vera Institute for Justice, which is a not-for-profit-research center, based in Manhattan, New York. The task force panel includes a panel of approximately thirty-two national, state and local experts from various backgrounds including law enforcement, academia, government and community based organizations.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Governor David A. Peterson yesterday announced the formation of the Task Force on Transforming Juvenile Justice. Governor Paterson in announcing the new task force stated that:

“It is imperative that our State seek alternatives to a costly system that is not serving New York’s children, families and communities well,” said Governor Paterson. “With 80 percent of the children in New York’s custody released and rearrested within three years, reform of New York’s juvenile justice system will not only provide those children with necessary services for success, but will translate into safer communities across the State.”

It is estimated that there is approximately nineteen hundred children presently in the system and that it costs up to two hundred thousand dollars a year per child to run the present system. In sum, it is estimated that the present juvenile justice system is costing New York State tax payers approximately three hundred eighty million dollars per year with a less than twenty-five percent success rate.

The task force is responsible for looking for ways to improve New York’s Juvenile justice system and layout a plan for changing the system including exploring alternatives to institutional placement, methods to help children re-enter society and redefine the confinement setting for juveniles throughout the State. The task force is also to explore ways to improve methods of treating juveniles with mental health and substance abuse issues.

The chairperson of the task force is Jeremy Travis who is the president of CUNY’s John Jay College of Criminal Justice. The task force will be overseen by the commissioner of the New York State Office of Children and Family Services-Gladys Carrion, Esq. The day-to-day operations will be done by The Vera Institute for Justice, which is a not-for-profit-research center, based in Manhattan, New York. The task force panel includes a panel of approximately thirty-two national, state and local experts from various backgrounds including law enforcement, academia, government and community based organizations.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

New York State Troopers presently receive a starting salary of approximately $50,000.00. The average State Trooper is presently paid approximately $74,000 per year. However, the State of New York and the New York State Troopers’ Police Benevolent Association have recently entered into a new four-year contract. Under the new contract, active New York State Troopers will receive salary increases of three percent for the first three years and four percent in the fourth year. The New contract is retroactive to 2007 and will run out in 2011. The new contract also allows state troopers injured in the line of duty to continue working for New York State in light duty capacity. There are approximately 3,600 active state troopers who will benefit from this new contract. It has been estimated that the new contract will cost the State of New York approximately $45,000 million dollars over the next four years.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

Ken Stabler, best known as the former quarterback for the Oakland Raiders, was arrested for Driving under the influence early Sunday at about one o’clock in the morning. He was arrested on Highway 59 in Alabama. He has reportedly been released on a one-thousand dollar bond.

Mr. Stabler – also known as the “Snake”- was allegedly previously arrested for driving under the influence in 1995 and 2001. The state of Alabama –however- has only a five year look back period in driving under the influence cases. Therefore, if Mr. Stabler is convicted of driving under the influence he will be treated under Alabama law as a first offender for purposes of sentencing. A first DUI offence is a misdemeanor under Alabama law.

According to the Alabama Driver’s Manual published by the Alabama Department of Safety, the penalty for a first conviction in Alabama is a fine of six hundred to twenty one hundred dollars, up to one year in jail or by both the fine and imprisonment. In addition Mr. Stabler’s driver’s license –if convicted- would be suspended for 90 days. It is still unknown whether Mr. Stabler’s recent arrest will affect his position as a play by play commentator for his alma mater –the Alabama Crimson Tide.

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark:

The New York State Constitution gives the governor of New York the power to grant reprieves, commutations and pardons after conviction for all offenses except treason and cases of impeachment. Governor David A. Paterson announced yesterday that he has exercised that power in favor of renowned rapper Ricky “Slick Rick” Walters for his 1991 attempted murder and weapon convictions. The full and unconditional pardon was granted to assist Mr. Walters -who emigrated from the United Kingdom to the United States at the age of eleven-to attempt to avoid deportation.

Mr. Walters is probably best known as the rapper who recorded "La-Di-Da-Di" and "Children's Story".

In June 1991, Mr. Walters pled guilty in the Bronx County Supreme Court to multiple felonies which according to NYS Department of Correctional Services' records included: attempted murder in the second degree (class B Felony); criminal possession of a weapon in the second degree [class C felony]; criminal use of firearms in the first degree (class C felony); and criminal possession of a weapon in the third degree [class D felony]. He was sentenced to 3 1/3 years to 10 years in state prison. Mr. Walter's was eligible for parole on February 4, 1994 but was not released from state prison until June 4, 1997. He was under the supervision of parole following his release from state prison. He was discharged from parole supervision on or about October 4, 2000.

Continue reading "New York Governor Pardons Ricky “Slick Rick” Walters" »

Posted by George P. Conway | Permalink | Email This Post

Posted In: Recent News

Bookmark: