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Nassau County Criminal Defense Law Blog

New York teen arrested for false report of a gunman

Police said they arrested an East Meadow teen who allegedly falsely reported the presence of an armed individual to them. The claim made by the 17-year-old was taken by police on April 6 at 7:41 p.m. Police were told that an individual carrying a rifle was walking along the trails in Massapequa's Brady Park. In response to the report of a gunman, the police ordered multiple units into action, including the Bureau of Special Operations, members of the Seventh Precinct and an air operations unit. After conducting a search for around 45 minutes, the police called it off.

Police identified the teen who lodged the report and arrested him at his house the following day. Officers found him in possession of a gravity knife, a type of blade that can be deployed by centrifugal force rather than application of pressure against a button. The teen is facing a third-degree charge of falsely reporting an incident and a fourth-degree charge of weapons possession.

New York's Nassau TASC program

Nassau County residents who are convicted of drunk driving and whose sentences are expected to involve incarceration may have a sentencing alternative available to them called the Nassau TASC program. This is an alternative to incarceration for those who are sentenced to more than 30 days in jail and whose offenses relate to drug or alcohol.

Nassau TASC is a comprehensive program providing substance abuse treatment and support services. In order to qualify for entry into the program, participants must be facing a sentence of at least 30 days and must also be referred for the program from the criminal justice system. The offense must also have been committed in Nassau County.

Police confront 3 men in driveway

On March 31, three men in New York were detained after a joint operation between a local task force and several other departments. Police executed a search warrant on a Riverhead residence after receiving a series of complaints about concerns of drug activity in the area. The Suffolk County District Attorney funded the multijurisdictional drug task force leading the operation.

Police say a 29-year-old man was sitting inside a vehicle parked in the driveway as officers approached the residence to execute the search warrant. The driver allegedly put the vehicle in reverse and backed up towards officers in an attempt to evade apprehension. Reportedly, the two passengers, aged 28 and 36, both exited the vehicle and attempted to flee the scene on foot. Officers were able to detain all three individuals and deliver them to the police headquarters in Riverhead. The trio was then brought to the police department and charged with several drug-related offenses.

Man shows cops his heroin in New York bus terminal

A Port Authority police officer said that two officers noticed a man feverish and trembling in the Midtown New York bus terminal during their walking patrol. They stopped to ask if he was sick and offer help. The 24-year-old man, who was waiting in line for a bus, said that he needed some candy to raise his blood sugar because he was diabetic.

The man reportedly told them that he did not need their help and that he had some candy in his bag. He then took out a bag and opened it. Police say that this gave them a view of his bag and that they noticed a substance in it that they thought was heroin.

Criminal records lead to ongoing scrutiny by law enforcement

Law enforcement agencies in New York typically keep released, convicted criminals on their radar. This often leads to new arrests of the same people committing additional crimes. The case of a New York man shows how the system monitors released inmates.

According to Department of Corrections and Community Supervision records, the 25-year-old man had been paroled in November 2013 after serving time for shooting and wounding two women. Afterward, a parole warrant operation performed by police resulted in his arrest on drug charges.

No serial numbers on many weapons seized in police raid

Assault rifles and handguns along with over 10,000 rounds of ammunition were found in the home of a convicted sex offender in Cato, New York. A raid was conducted on the 34-year-old man's home in Cayuga County by State police after investigators obtained a search warrant.

According to the police report, seven assault rifles and three semi-automatic handguns, mostly without serial numbers, were taken from the property. The stockpile also contained high-capacity magazines and body armor. Because of the man's prior 2009 conviction for raping a minor, he was banned from having a computer, so the police confiscated that as well.

New York Senate passes Alix's law for 4th consecutive year

The New York State Senate has once again passed Alix's Law. The upper chamber voted unanimously in favor of the law, which makes leaving the scene of any accident illegal for drunk drivers, but approval by the Assembly is far from certain. This marks the fourth time that the bill has been passed by the Senate, but the measure has yet to reach the governor's desk.

The bill is named after Alix Rice, who was struck and killed in a 2011 drunk driving accident in the Town of Amherst. The 18-year-old was riding home on her skateboard when she was struck by motorist who was under the influence of alcohol at the time. The man left the scene of the accident, and he later told police that he was not aware that he had hit anybody. Prosecutors were unable to prove otherwise, and the man was subsequently acquitted of a felony leaving the scene charge.

Potential defenses for assault or battery charges

A New York resident can be charged with assault or battery if they cause harm to another person. However, these incidents sometimes occur during an altercation that was started by the other individual. There are four main defenses for assault and battery that may be utilized: self-defense, the defense of others. consent and the defense of property.

In order to claim self-defense, the accused person must prove that they were in fear of the other person or that they perceived that another person meant to harm them. Additionally, there must be evidence that the accused person was unable to remove themselves from the incident. While not as common a defense, the accused person may also potentially claim that they perceived fear of harm to others who may have been involved in the incident. For both of these defenses, it is imperative that the accused person establish that there was a perceivable threat of harm.

DOJ objects to white collar crime sentencing reform

New York residents may have seen media reports concerning a number of proposals made by a federal panel that would change the way penalties are calculated for white collar crimes such as fraud and embezzlement. While defense attorneys have criticized the proposed reforms for not going far enough, the U.S. Department of Justice has come out against the measures. The department made its views known by releasing a letter during a March 12 U.S. Sentencing Commission hearing.

One of the key proposals would change the way that the losses of fraud and other white collar crime victims are calculated. The panel suggested adjusting losses for inflation, which has not been done since 1987. The losses incurred by victims influence sentence recommendations, and observers say that this step would reduce the average fraud sentence by 26 percent. Another proposal the DOJ is unhappy with would reduce stock fraud penalties by basing sentences on financial gains reaped by the defendant rather than investor losses.

New York teen charged with DWI after traffic stop

Police in upstate New York have reported that a 17-year-old boy was taken into custody on suspicion of drunk driving after a traffic stop in Niagara County on March 7. The Pendleton resident was charged with driving while intoxicated and cited for a number of traffic violations, including speeding and making unsafe lane changes.

According to a New York State Police report, the teenager's vehicle was pulled over after troopers observed it being driven erratically on South Transit Road in Lockport. Troopers claim that the vehicle was tailgating and moving between traffic lanes at a high rate of speed. Troopers say that they suspected that they were dealing with a drunk driving situation after reportedly detecting the odor of alcohol on the teenager's breath.