Appellate Review of Credibility Determinations at Suppression Hearings In People v. Nettles, an appellate court has, for the first time, reversed a credibility determination made at a Darden hearing. While it is axiomatic that appellate courts will give great deference to credibility determinations made at a suppression...
ABK client Daniel Greenspan, who was convicted of murder in Suffolk County in 2017, has had his conviction reversed by the Appellate Division in Brooklyn earlier today! During the trial, in which Mr Greenspan was represented by Arthur Aidala and Michael Jaccarino, the Appellate Court held...
New Legislation Implementing Police Reform in New York In the wake of an historic wave of protests, sparked by the death of George Floyd, New York became one of the first states to enact an expansive package of police reform bills. In addition, the New York...
LANDMARK DECISION ESTABLISHING LGBTQ RIGHTS UNDER TITLE VII OF THE CIVIL RIGHTS ACT. Yesterday, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County extending the employment protections under Title VII of the Civil Rights Act to sexual orientation, thus...
BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: Employers Could Face Audits and Criminal Liability After Receiving Federal Assistance During COVID The CARES Act, passed during the recent COVID-19 health crisis, made available over $2 trillion in economic stimulus, aid loans and relief to individuals, state...
Bail, Discovery and Speedy Trial: The New Reforms In the midst of an historic pandemic, the Legislature enacted amendments to sweeping legislation it had enacted last year: limitations on monetary bail; expansion of discovery in criminal cases; and the enhancement of the right to a statutory...
BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: DATs or SAP Summons You’ve been arrested and given a DAT or a Summons – Now What? Enforcement of low-level offenses in New York City has always been arbitrary and inconsistent. Examples of such offenses are trespass, consumption of...
“I am going to make them an offer they can’t refuse” - Vito Corleone BLOG from #ABKLaw Lawrence Spasojevich, Esq.: Severance Agreements The week March 22, 2020 saw over three million individuals file unemployment claims, the most since 1982, as a result of the economic effects of...
BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: COVID-19 will forever alter the criminal justice system Courts throughout New York State have decided that the ends of justice are served by ordering the postponements on non-essential court matters, as the COVID-19 health crisis outweighs the interest...
BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: COVID-19 and Defendants Rights in New York State In New York City, three additional correction officers and at least eight inmates have tested positive for the COVID-19 pandemic. A doctor on Rikers Island has warned that "a storm...