New York Criminal Defense Attorney Blog

NY Mets Pitcher Charged With Assault

Wed, 25 Aug 2010 16:48:13 -0500

Francisco Rodriguez, the New York Mets' former All-Star relief pitcher, was charged with third degree assault on August 11, 2010. The charges arise out of an incident in which Rodriguez punched Carlos Pena, his girlfriend's father, in the Citifield clubhouse. As a result of the incident, Mr. Pena allegedly suffered facial trauma and other injuries.

Rodriguez was arraigned in the Queens Criminal Court on August 12, 2010. Shortly thereafter, it was learned that Rodriguez has a torn ligament in his right thumb and is out for the season. The Mets have placed the pitcher on the disqualified list for the 2010 season and the move allows them the possibility of voiding Rodriguez's contract altogether. The voiding of Rodriguez' contract could be accomplished if it is determined that Rodriguez violated the "morals" clause of his contract.

Assault in the third degree is a misdemeanor under section 120.00 of the New York State Penal Law. If Rodriguez is convicted of the charge, he could face a sentence of 1 to 3 years in prison and a fine of up to $1,000.

New York May Strengthen Law Against Texting Drivers

Fri, 09 Jul 2010 10:47:03 -0500

In November of 2009, Governor David Paterson signed into law a ban of texting while driving. However, the legislation was quickly criticized by highway safety organizations and local New York state law enforcement officials as it made texting while driving a "secondary offense." Inotherwords, a motorist who violated the law could only be stopped by the police if they were also violating another traffic regulation, such as speeding, following too closely or disregarding a traffic control device.

Recognizing quickly that the new law had no "teeth", Governor Paterson introduced a modified statute in February of this year to make the texting ban a primary offense, by which the police could more easily enforce the law. To date, the new texting legislation had been stalled, but recently, legislation passed the New York State Assembly, and according to a report by Joseph Spector in the Journal News on July 7, 2010, the law could possibly pass the New York State Senate as early as next week. The minimum fine for a violation of the present law is $150.00.

The original impetus for the statute came about from the tragic deaths of several teen drivers who were driving while texting, including five teen age girls from Monroe County who died in June of 2007. In that accident, police investigators determined through phone records that the driver was in the process of texting when her vehicle struck a tractor trailer. According to the Governors Highway Association, 30 states have banned texting while driving, but only New York, Iowa, Nebraska and Virginia have the violation as a secondary offense.

We will follow developments on the texting legislation and report on any modifications of the law in the near future after the New York State Senate votes on the statute.

Motley Crue Lead Singer Charged With Drunk Driving

Mon, 05 Jul 2010 15:15:28 -0500

Vincent Neil, the lead singer for heavy metal band Motley Crue, was arrested in Las Vegas on June 27, 2010 on a drunk driving charge. The arrest took place near the Las Vegas Strip after Mr. Neil had left the Las Vegas Hilton Hotel and began driving in his Lamborghini. He spent the night in jail and was released on June 28th are posting bail. This is the second DWI arrest for the singer. Previously, he was arrested on vehicular manslaughter charges. The circumstances of Neil's arrest were not released by the local police or prosecutor's office.

In New York, if Mr. Neil were charged with a second DWI within 10 years, he would be facing felony charges, with the possibility of jail time, a certainty of being sentenced to 5 years probation, the requirement to install an ignition interlock system, a minimum of a one year license revocation, and substantial fines, surcharges and Court costs.

Mr. Neil is due back in Las Vegas Justice Court on September 27, 2010. This is another significant distinction with New York Courts, in which there would be no possibility of a almost three month adjournment of the DWI case. In New York Courts, under the doctrine of "suspension pending prosecution", those charged with DWI are required to appear at an immediate arraignment and turn in their driver's licenses "pending" the prosecution of their cases.

Rockland County Grand Jury Indicts Lawrence Taylor

Thu, 01 Jul 2010 14:45:02 -0500

Hall of Fame Linebacker Lawrence Taylor was indicted on June 23, 2010 in connection with third degree rape and prostitution charges. On May 6, 2010, Mr. Taylor was arrested by police at the Montebello, New York Holiday Inn based upon charges that he paid a sixteen year old girl three hundred dollars to have sexual relations with him.

The case was originally heard in the Ramapo Town Court, but is now transferred to the Rockland County Court, as local courts such as town courts only have jurisdiction over misdemeanors or violations, not felonies.

Taylor, who has denied all charges, has also been charged with endangering the welfare of a minor and sexual abuse. He is due to return to Court on July 13, 2010.

Ex New York Giant Star Charged With Rape

Fri, 14 May 2010 12:03:09 -0500

Lawrence Taylor, the 51 year old Hall of Fame linebacker for the New York Giants was charged with third degree rape in Ramapo, New York on May 7, 2010. Taylor allegedly had sexual relations with a 16 year old girl at the Montebello, New York Holiday Inn on May 6, 2010. Taylor has alleged through his attorney that he did not have consensual or any sexual relations with the girl.

Taylor is charged with third degree rape under section 130.25 of the New York State Penal Law, which states that a person is guilty of rape in the third degree if he engages in sexual intercourse with another person who is incapable of consent in that they are less than 17 years old. This charge is a Class E felony, which is punishable by a jail term of not more than 4 years. He is also charged with patronizing a prostitute, but under the section which makes it a misdemeanor, rather than a felony, since a felony charge would only result if the girl was under 14 years of age.

Since the news of Mr. Taylor's arrest, a federal criminal complaint has been filed against Rasheed Davis, the alleged pimp who procured the 16 year old girl, on a sex trafficking charge due to the alleged transport of a minor across state lines for sexual purposes. There have also been claims made by Taylor's wife that he did not have sexual relations with the girl, and that he was "set up."

We will monitor developments in this case.

Gillibrand Wants Legislative Restrictions on Teen Drivers

Tue, 04 May 2010 15:11:17 -0500

New York Senator Kirsten Gillibrand is co-sponsoring a bill to require that teenagers be 18 years of age before they obtain full driving privileges. At present, when a teen turns 17 in New York and completes a driver's ed class, he or she can obtain a senior license. According to Gillibrand, she is seeking to reduce teenage driver deaths and serious injuries. New York has approximately 230,000 drivers aged 16 or 17, and statistically, these drivers are most likely to die in a fatal motor vehicle crash. The National Center for Health Statistics reported that for 15-20 year olds, there were 3,467 deaths and 281,000 injuries in 2005, and that car crashes were the number one cause of death.

The Insurance Institute for Highway Safety has reported that increasing the teen driver's age by one year reduces deaths by 13% per 100,000 teenagers. If the bill were to pass, it would have the most dramatic impact in western states such as South Dakota, which permits teens to drive without supervision at 14 1/2, and Idaho and Montana, who allow unsupervised drivers at age 15.

The legislation will be voted on early next year as part of the highway reauthorization bill.

New York Traffic Tickets-What is the Driver's Responsibility Assessment?

Mon, 19 Apr 2010 10:48:09 -0500

Beginning in November of 2004, New York State Department of Motor Vehicles (NYSDMV) instituted a fine for motorists who are convicted or plead guilty to New York DWI charges or traffic infractions which result in 6 or more points within an 18 month period. This fine is known as the "Driver's Responsibility Assessment", and it certainly adds to the financial bite of DWI or significant New York traffic infractions.

If you are convicted or plead guilty to either a New York drunk driving charge, such as an Aggravated DWI, DWI, DWAI, or DWAID (Driving While Ability Impaired by Drugs), the assessment is $750.00, which can be paid all at once or in three annual installments of $250.00. If you are convicted or plead guilty to traffic infractions totaling 6 or more points with 18 months, the assessment is $300.00, which can be paid up front or for three years at $100.00 per year. For each additional point above the 6 points during the 18 month period, the DMV adds on $75.00, or $25 per year.

Doc Gooden Arrested on DWI Charge

Thu, 25 Mar 2010 15:19:05 -0500

Doc Gooden, the 45 year old former star pitcher for the New York Mets and the Yankees, was arrested this past Tuesday in Franklin Lakes, New Jersey for driving while under the influence of drugs, leaving the scene of an accident, and child endangerment. Gooden was driving his five year old son to school and was arrested when he left the scene after colliding with another car and a bystander called 911. Fortunately, no one was injured in the accident.

Gooden was a big part of the New York Mets 1986 championship team and also a member of the 1996 and 2000 Yankees World Series teams. He has been arrested numerous times over the last 20 years for drug and alcohol violations and has reportedly undergone 5 different stints in alcohol and drug rehabilitation. Most recently, Gooden served as a senior vice president for the minor league Newark Bears. He turned down an offer this past winter to work with the New York Mets in spring training.

Gooden is very fortunate that the DWI charges he faces occurred in New Jersey and not in New York. Under the recently enacted "Leandra's Law" in New York, he would have automatically been charged with a felony for allegedly driving while under the influence of drugs with a child younger than 16 in the vehicle.

Rapper Lil Wayne Sentenced to One Year Rikers Term

Thu, 11 Mar 2010 12:03:13 -0500

Lil Wayne, also known as "Weezy", whose real name is Dwayne Carter, was sentenced to one year in jail on March 8, 2010 by Judge Charles Solomon of the New York County Supreme Court. In October of 2009, Mr. Carter pled guilty to attempted possession of a weapon after a gun was found on his tour bus back in 2007. The sentencing had been delayed twice, once related to dental work that Lil Wayne was undergoing and the second due to a courthouse fire.

Under the New York Penal Law, Criminal Possession of a weapon can be anything from a Class A Misdemeanor (for example upon a conviction for possession of a switchblade), through a Class B Felony (for possession of ten or more firearms or possession of an explosive substance with intent to use against person or property).

With good behavior, the one year sentence could be reduced to eight months.

U.S. Supreme Court Rules Miranda Rights Don't Prevent Questioning

Fri, 26 Feb 2010 12:04:42 -0500

In what appears to be a continuing effort by the U.S. Supreme Court to limit the rights of criminal defendants, the Court ruled on February 24 that the police may continue questioning of a suspect after he has invoked his Miranda rights, as long as they wait 14 days to continue their interrogation. The case, Maryland v. Shatzer, involved a Maryland man who was suspected of sexual abuse and was in prison for another crime. While Shatzer was in prison, he was questioned by a police detective and invoked his rights under Miranda v. Arizona, refusing to answer questions without an attorney present. However, two and a half years later, with Mr. Shatzer still in prison, another detective approached him and began questioning him after he had waived his Miranda rights related to the same incident involving his son.

Mr. Shatzer's lawyers argued before the Supreme Court that any statements made by Shatzer during the second questioning should be suppressed as he had previously asked for a lawyer during the original interrogation, and that Miranda prohibited re-questioning under those circumstances without a lawyer present. In a decision written by Justice Antonin Scalia, the Court found the main issue to be whether the prohibition in further questioning after Miranda rights is "eternal." Scalia noted that the reason repeated attempts at questioning was forbidden was to prevent "badgering" of a suspect while a crime was under investigation. However, using a completely arbitrary 14 day standard, the highest Court ruled that two weeks "provided plenty of time for the suspect to get acclimated to normal life, to consult with friends and counsel, and to shake off any residual effects of his prior custody." Interestingly, even the most conservative member of the Court, Clarence Thomas, questioned the arbitrary 14 days rule in his concurrence. In Thomas's view, any break in custody would be sufficient to allow questioning to continue--no surprise there.

Despite the fact that no one would wish to protect child molesters in our society, and particularly if it was proven that someone abused his own son, this decision is part of a grander scheme by the conservative members of the Court-- Scalia, Alito, Thomas and Roberts, to chip away at the rights of criminal defendants long protected by such landmark decisions as Miranda, and the 1981 decision in Edwards v. Arizona, in which the Court ruled that once a suspect asks for an attorney under Miranda, the authorities may not resume questioning.

Maximum Jail Time In Putnam County Fatal DWI Case

Thu, 21 Jan 2010 07:02:45 -0500

In an update to our June 20, 2009 blog entitled "Putnam County Manslaughter Charge In Brewster DWI Crash", Conses Garcia-Zacarias, the 35 year old illegal immigrant from Guatemala who pled guilty to two counts of New York vehicular homicide in the deaths of Lori Donahue and her 8 year old daughter Kayla, was sentenced to the maximum 8 1/2 to 25 years in state prison on January 13, 2010. Mr. Garcia-Zacarias had a blood alcohol content (BAC) of almost twice the legal limit of 0.08 when he drove his pickup truck on the wrong side of Main Street in Brewster and struck the mother and daughter as they were exiting the Seven Stars School of Performing Arts on Rt. 6. Reportedly, Mr. Garcia-Zacarias told a probation officer he was so intoxicated that he did not remember anything about the crash.

Mr. Garcia-Zacarias worked on numerous horse farms in the United States and was operating a Ford pickup truck owned by Valerie Renihan, a horse trainer who has claimed that Garcia-Zacarias did not have permission to operate the vehicle and stole the keys. However, neighbors near the Tonetta Lake Road house in Southeast where Garcia-Zacarias and several other men lived claimed that they would all frequently drive the vehicle. Clearly, if the Putnam County District Attorney's Office had solid proof against Renihan, she would have been charged in this tragic case as well.

In sentencing Mr. Garcia-Zacarias to the maximum jail time under New York's Penal Law, Judge James Rooney of the Putnam County Court stated to the defendant: " Do not look to me for forgiveness...God may grant you mercy, but this Court will not." After Garcia-Zacarias serves his prison term, he faces immediate removal (deportation) to his native Guatemala.

NBA Star Arenas Pleads Guilty To Felony Gun Possession

Mon, 18 Jan 2010 13:58:04 -0500

The Washington Wizards' all-star guard Gilbert Arenas pled guilty on January 15, 2010 to one felony count of unlicensed gun possession in a Washington, D.C. Court. The plea arises out of an incident in early January when Arenas brought guns into the Wizards locker room in a confrontation with teammate Javaris Crittenton. Arenas will not be sentenced until March 26, 2010, and is apparently facing the possibility of 6 months of jail time. He has also been suspended indefinitely from the NBA by Commissioner David Stern. Additionally, the Wizards could attempt to void the $111 million contract Arenas signed last year based on a morals clause in the contract.

This incident calls to mind the case in New York of ex New York Giants wide receiver Plaxico Burress, who is now serving a 2 year jail sentence after he pled guilty to unlicensed possession of a firearm last year. Had Burress not pled guilty, he was looking at the possibility of a mandatory sentence of 3 1/2 years in prison if convicted of the crime of criminal possession of a weapon in the second degree.

It would appear that the Wizards and the NBA have a significant public relations problem when their star player, who led the league in scoring a few years ago, is facing felony jail time and appeared to be unrepentant when first charged with the crime, leading to Stern's decision to suspend him indefinitely

New York Grand Larceny--Astor Heir Sentenced To 1-3 Years

Tue, 22 Dec 2009 15:43:20 -0500

Anthony Marshall, the 85 year old son of the late philanthropist Brooke Astor, was sentenced on December 21st to 1-3 years in jail for looting his mother's fortune. Mr. Marshall was convicted last October of first degree grand larceny, and scheming to defraud, along with twelve other counts, based on charges that he took advantage of his mother's mental frailty to get more than his share of her almost 200 million dollar fortune. Grand larceny in the first degree under section 155.42 of the New York Penal Law is defined as stealing the property of another which has a value in excess of one million dollars. It is a class B felony, punishable by up to 25 years in prison.

Prosecutors utilized testimony from high profile witnesses and friends of Ms. Astor including Barbara Walters and Henry Kissinger to establish that Marshall had manipulated his mother to change her will and had stolen priceless artwork from her walls. The defense contended that Marshall had an unrestricted complete power of attorney permitting his actions, and argued that Astor was mentally competent when she made the changes to her will. Apparently, the Manhattan jury did not accept those arguments.

Marshall got the minimum allowable sentence under sentencing guidelines. He was unsuccessful in trying to get the judge to drop the part of his conviction which required jail time, despite his lawyers' arguments that any jail time would amount to a death sentence due to his poor health.

Westchester County Jury Convicts Ex Cop In Rape Case

Thu, 26 Nov 2009 09:06:49 -0500

Jose Arroyo, a 47 year old ex-NYPD cop and ex-Marine, was convicted by a Westchester County jury of two counts of rape and one of New York felony assault on November 24th. The jury acquitted Mr. Arroyo of two counts of felony kidnapping. The facts are that on November 14, 2008, Mr. Arroyo met the 31 year old victim at Doyle's Pub in the Bronx. The woman was visiting a friend from Texas. Mr. Arroyo apparently spiked the woman's drink with Ambien, which the evidence showed he had a prescription for. When she passed out, Mr. Arroyo took the victim to the Alexander Motel in Greenburgh, where he sexually assaulted and raped her. He then took several nude photographs of the victim.

The defense was that the sexual relations were consensual and that Mr. Arroyo did not drug the victim. The problem with this defense was that the victim is a lesbian and testified that she never would have consented to sexual relations with any man. Further, the jury was provided a security video from Doyle's Pub which apparently showed Mr. Arroyo moving his hand over the woman's drink, stirring the drink, and then handing it to her. During deliberations, the jury asked to see the video several additional times; this video obviously played a large part in the conviction.

Mr. Arroyo is incarcerated in the Westchester County Jail. He is scheduled to be sentenced on January 20, 2010 and faces a maximum jail term of 25 years on the rape charges.

Westchester County Grand Jury to Decide Ex-Cop Pileggi's Fate

Sat, 21 Nov 2009 08:40:33 -0500

A Westchester County Grand Jury will be convened soon to determine whether there is enough evidence to indict former New Rochelle Police officer James Pileggi on a second degree manslaughter charge. The facts are both shocking and particularly tragic. It is alleged that on November 3rd, Officer Pileggi was demonstrating the laser function of his 9 mm Glock to a boyhood friend, Andre Everett, when the gun accidentally discharged, and Everett died later that night at Sound Shore Hospital at the age of 27.

Pileggi waived his right to a felony hearing, and his attorney has indicated that Mr. Pileggi may testify at the grand jury, which is always a risky decision, and an opportunity that many defendants forego, in the hope that the prosecution will fail to convince the grand jury to indict.

New York Second degree manslaughter is a Class C Felony under the New York State Penal Law, and carries with it a potential jail term of up to 15 years. Pileggi is free on $50,000 bail, and has resigned from his position with the Eastchester Police Department, where he was employed for 2 years.

Apparently, a New York City lawyer has filed a notice of claim against the Eastchester Police Department and Mr. Pileggi, alleging wrongful death, which is the first step in commencing a civil lawsuit.