ABK LAW BLOG

What is Vehicular Manslaughter in the First and Second Degree?

New York State law, and especially New York City laws, are tough on those caught drinking and driving. Even a first-time offender could be facing jail time. But if a person driving while intoxicated causes the death of another, the crimes charged are incredibly more serious, and the prosecutor will absolutely be looking for jail time under the charge of vehicular manslaughter.

What does it mean to be charged with Operating as a Major Trafficker in NY State?

A major New York City drug trafficker and 12 others were nabbed in a citywide, multi-agency drug bust following a year-long investigation into narcotics and gun trafficking in Brooklyn and Queens, officials announced.

Judge Denies Bronx Man Request to Overturn Dirty Cop Conviction…Why?

A man jailed on a murder charge nearly 20 years ago lost his bid for freedom last week after a Bronx judge refused to overturn his conviction, despite accusations that the homicide detective who busted him had a history of misconduct.

What is a Special Master, anyway?

Last week, a decision by a US federal judge to stop the investigation of Donald Trump’s seizure of classified documents until a “special master” reviews them has thrown the political and legal worlds into uproar – pitting those who believe the ex-president has special legal privileges against those who think he should be treated like any other citizen.

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.

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.

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.

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.

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.