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Mahopac Criminal Defense Law Blog

21 nabbed on drug charges connected to lost "quality of life"

Drug dragnets are a good public relations tool for local law enforcement authorities, but whether they bring about a lasting reduction in drug trafficking activities in the particular locality is highly questionable due to decades of experience indicating just the opposite. Recently, a drug sweep by New York authorities resulted in 21 arrests on drug charges in the Tompkins County area. Several state agencies joined with the Tompkins County Sheriff's office in conducting the investigation and the sweep.

The County Sheriff announced the sweep in a news conference, saying that it was the result of a rash of complaints from the community, particularly last summer. Complaints dealt with drug usage, burglaries and car larcenies. The Sheriff indicated that key players were identified by the public in their complaints. Some of the arrests involved the execution of existing warrants against suspects not previously apprehended, including one murder warrant.

State Senate leader charged with criminal offense by feds

It appears that the job of legislation is being upended by the scandals of corruption in Albany. The majority leader of the New York Senate, Dean G. Skelos, and his son are widely expected to be arrested by federal prosecutors in the few days. They will be charged with the criminal offense of public corruption under federal law.

This arrest is just three months on the heels of federal charges of bribery and kickbacks brought against Sheldon Silver, the former Speaker of the New York House. The expected arrest casts a deep shadow on the ability of the House and Senate to conduct effective business in coming months. The federal investigation against Skelos centers on the business activities of his son and whether the companies that have made consulting payments to him have benefited by state action influenced by the father.

Cops arrest man after responding to domestic violence call

Everyone has domestic disputes, but the law steps in when the conflict becomes threatening to the security of one or more family members. Incidents of domestic violence in New York are often reported by neighbors in response to loud noise and arguing that signifies something is extraordinarily amiss. The incident is alternatively often reported by the victim of the assaulting behavior.

These are some of the most dangerous calls for police to answer because they are stepping into the middle of a situation where emotions are most likely totally unbridled. When the police try to defuse such a conflict, emotions tend to escalate even more. A Broome County Sheriff's deputy and a state police trooper allegedly had to confront that kind of event recently when they were called to a home in Lisle where a man had reportedly thrown his mother's television into a wall.

A growing criminal offense is a financial plague to retailers

A growing criminal enterprise in New York involves the switching of bar codes on products inside a store and purchasing the products with the lower bar code at the self-checkout counter. The criminal offense involved is generally charged as larceny, theft or grand larceny. The computerized checkout machine sees only the bar code presented to it and puts the lower price on the bill.

A Brooklyn man was recently able to build up a diapers dynasty by allegedly using that technique in dozens, if not hundreds, of Stop & Shop stores throughout New York and neighboring states. The 24-year-old was arrested by police at his apartment in Bushwick this past Thursday afternoon. The man had succeeded in buying thousands of dollars' worth of diapers at a discount price and selling them out on the streets, according to authorities.

Feds charge doctor with improper handling of prescription drugs

The writing of improper prescription drugs, for any purpose other than legitimate medical treatment, is a felony in New York state and under federal law. That is a rule with which a 36-year-old doctor from Amherst will surely become familiar as he faces prosecution by federal authorities on charges of the unlawful distribution of controlled substances in the form of prescription drugs and conspiracy to commit a drug felony. In fact, he faces up to 20 years in prison if convicted of the felony drug charges.

The U.S. Attorney announced the federal charges that he indicated were the result of the joint effort of several federal agencies and the Amherst Police Department. The criminal complaint alleges that the doctor wrote 280 illegal prescriptions for oxycodone, Percocet and hydrocodone during the period of January 2010 through March 2014. It is also alleged that he wrote prescriptions to other people and then shared the pills with them. The complaint also alleges that the doctor had a relationship with a prostitute and supported her $200 per day heroin habit.

Lawyers for former lawmaker request dismissal of felony charges

When a federal indictment is lodged in New York or elsewhere against a target, one early procedural move of the defendant is to file a motion to dismiss the indictment. These motions are only rarely successful, but are nonetheless very much worth the effort, particularly when glaring legal errors appear on the surface of the indictment. There are many potential legal grounds for dismissal that can be raised against an indictment that alleges felony charges of wire fraud, mail fraud or extortion.  

This is the procedural posture of a federal case pending against the former New York State Assembly Speaker Sheldon Silver. His criminal defense counsel have filed a motion to dismiss on the ground of legal infirmity of the indictment. One fatal flaw of the indictment, according to the defense, is that it ignores the fact that New York has always allowed its state legislators the right to work part-time along with the legislative job.

Man walks into car, trooper arrests him for aggravated DWI

Sometimes a defendant's actions at the time of arrest will make defense counsel's job a bit more challenging. That's probably the case regarding the recent arrest of a 50-year-old male of Troy for aggravated DWI. The arrest occurred at a gas station in Rensselaer County where the arresting New York State Trooper was at a pump filling his tank.

At that time, the suspect allegedly drove up and parked next to the trooper's vehicle. The suspect alighted from his truck and walked directly into the trooper's marked patrol car, according to the trooper.  The man then allegedly stumbled into the store and came back to his car to pump gas.

22 arrested on 159 drug charges in capital region drug sweep

Authorities rounded up 22 persons recently in the Albany area and charged them with over 150 drug counts. The defendants, who range in age from 16 to 45, face drug charges connected to the activities of a drug ring that allegedly sold cocaine and heroin in Albany County and several nearby counties. The sweep was coordinated by the New York Attorney General's Organized Crime Task Force (OCTF).       

Other agencies included the Albany Police Department and the New York State Police. Authorities stated that the arrests were the result of a 10-month-long investigation. The targets allegedly comprised two loosely affiliated drug rings, with one ring peddling cocaine and the other heroin, according to police. It is asserted that the cocaine was obtained from sources in Brooklyn, Queens and Connecticut, and the heroin came in from New Jersey.

Man accused of hindering prosecution of fugitive on drug charges

Accessories in the criminal law are accused of aiding someone in the commission of a crime but only before or after the crime was committed. A criminal defendant can be accused  of being an accessory to drug charges. This was illustrated by the recent arrest by New York State Police of a man for the felony of hindering the prosecution of another man who was being sought on a felony drug possession charge.

An accessory after the fact is not charged with being a main actor in the original crime. Instead, he or she is charged with providing shelter and support to help the fugitive escape apprehension after the crime occurred. In this case, police received a tip that a man they were seeking on a felony warrant of possession of a controlled substance was being secreted in a home in Gloversville.

Award-winning teacher accused of Internet sex offenses

The Internet has facilitated a new frontier for the commission of criminal offenses. One big concern is the use by individual adults to use the Internet to commit sex offenses, which often involve minor children as the victims. In New York and elsewhere, it is becoming clear that people from all walks of life are emerging as defendants in prosecutions involving alleged sexual misconduct through online activities.

In New York, a teacher who has received several teaching awards and commendations was arrested recently for sex offenses charging him with getting teen boys to send him nude or suggestive photos in return for gift cards. The charges have been filed in the federal district court in Manhattan. He is accused of paying three teens over $500 in gift cards during a six month period for photos of them. In one photo, the teen allegedly posed with an erection; in the other photos the boys were clothed but allegedly posed suggestively.