ABK LAW BLOG

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#ABKLaw BLOG by Michael Jaccarino:  NYPD cracking down on trucks selling marijuana

NYPD Detective arrested for shooting at car-jacker. Why?

An off-duty NYPD detective was arrested Thursday for firing shots at a thief who was stealing his personal vehicle, which he left running outside a Brooklyn fried chicken joint two years ago, law enforcement sources said.

Detective Steven Chase was charged with reckless endangerment after he fired two shots at the vehicle as it drove away from a Crown Fried Chicken on Glenwood Road in Canarsie on Aug. 13, 2020, the criminal indictment shows.

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#ABKLaw BLOG by Michael Jaccarino:  NYPD Detective arrested for shooting at car-jacker. Why?

NYPD Detective arrested for shooting at car-jacker. Why?

An off-duty NYPD detective was arrested Thursday for firing shots at a thief who was stealing his personal vehicle, which he left running outside a Brooklyn fried chicken joint two years ago, law enforcement sources said.

Detective Steven Chase was charged with reckless endangerment after he fired two shots at the vehicle as it drove away from a Crown Fried Chicken on Glenwood Road in Canarsie on Aug. 13, 2020, the criminal indictment shows.

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#ABKLaw BLOG by Michael Jaccarino:  Discovery Reform Demands Defendant’s Receive Immediate Discovery…But What If The Prosecutor Attempts to Withhold It?

Discovery Reform Demands Defendant’s Receive Immediate Discovery…But What If The Prosecutor Attempts to Withhold It?

New York State replaced its discovery law in January 2020 with a new statute requiring the sharing of evidence between the prosecution and defense on an accelerated timeline. The statute has since been amended twice—in April 2020 and April 2022. By facilitating a defendant’s ability to prepare a defense, the reform could result in fewer prison or jail sentences.

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#ABKLaw BLOG by Michael Jaccarino:  Are the Gun Laws in NYS Unconstitutional?

Are the Gun Laws in NYS Unconstitutional?

In New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. ___, slip op. No.20-843, 2022
WL 2251305 (June 23, 2022), the Supreme Court held that New York’s proper-cause requirement for obtaining an unrestricted license to carry a concealed firearm violates the Fourteenth Amendment, in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms. Significantly, the Supreme Court stated that the right to bear arms for self-defense is “‘the central component of the [Second Amendment] right itself,’” and that confining the right to bear arms to the home would “make little sense.” The Court stated that “many Americans hazard greater danger outside the home than in it.” This argument cannot be more applicable right now in New York City, where the violent crime rate appears to be escalating daily.

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#ABKLaw BLOG by Michael Jaccarino:  Collateral Consequences of a Criminal Conviction

Collateral Consequences of a Criminal Conviction
There is a mistaken belief sometimes that you are convicted of a crime and serve your sentence, then you will have paid your debt to society – and that’s the end of it. But that is far from the end. Collateral consequences surely exist, which are separate from any direct ones you may face from pleading guilty or being convicted in court. If you are accused of a crime, it’s important to understand the full scope of what a conviction really means for your future, including the collateral consequences involved.

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#ABKLaw BLOG by Michael Jaccarino:  What Should You Do If You Receive a Subpoena Duces Tecum?

What Should You Do If You Receive a Subpoena Duces Tecum?

First, contact a lawyer at Aidala, Bertuna & Kamins!

The service of subpoenas is perhaps the most dramatic way federal, state, or local government offices exercise their authority. But if you are someone who has received one, it can be unpleasant and downright scary. Generally, a subpoena is an official document, sometimes signed by a judge, attorney, or grand jury foreman, seeking the production of documents and / or your physical appearance at an official proceeding.

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#ABKLaw BLOG by Michael Jaccarino:  What Should You Do If You Get a Subpoena to Testify in the Grand Jury?

What Should You Do If You Get a Subpoena to Testify in the Grand Jury?

First, contact a lawyer at Aidala, Bertuna & Kamins. How can a lawyer from ABK help you?

What is a subpoena? A subpoena is a document backed by the power of the courts. A subpoena will generally require one of two things from you. Either the officers of the court are asking you to produce documents that they think may serve as probative evidence in their inquiry, or they’re asking you to come in person and answer questions, testifying about whatever matter they’re delving into.

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ABKLaw IN THE NEWS: HON. BARRY KAMINS (Ret.) New York Law Journal / Law.com: “Bail and Discovery Reform: The Third Round”

ANALYSIS

Bail and Discovery Reform: The Third Round
A third iteration of changes to the bail and discovery statutes are not transformative but do present a mixed bag for prosecutors and defense counsel.

Amid the intense debate over bail and discovery reform in the legislative session that has just ended, the Legislature enacted a third iteration of changes to the bail and discovery statutes. Although certain political leaders called for substantial revisions of these laws, the changes were not transformative but do present a mixed bag for prosecutors and defense counsel. The changes were effective on May 9th (L. 2022, Ch. 56).

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