Saratoga County Criminal Defense Lawyer Blog

New York's statutory scheme for punishing criminal possession of a weapon is laid out in Article 265 of the Penal Law, and in its simplest terms it looks at three things: the nature of the alleged weapon; the way it's being used; and the identity and background of the person using it.

The punishment for criminally possessing a weapon can be severe, as this story from the Glens Falls Post Star illustrates: a Tanice Sumner of Queensbury, New York (who already had a felony DWI on her record, according to the article), was recently accused of threatening state troopers with a 'small kitchen knife'. Convicted of Attempted Criminal Possession of a Weapon in the Third Degree, she's now serving a sentence of 1½ to 3 years in state prison.

The term 'weapon' is a broad one. It can cover anything from a machine gun to such everyday items as rubber boots, handkerchiefs, spatulas, pens and pencils. But while a machine gun is always a weapon, a handkerchief - or a kitchen knife - may or may not be, depending on how the item is being used.

We'll get into that below.

Continue reading "Criminal Possession of a Weapon in New York" »

"Go tell the Spartans, thou who passest by, that here, obedient to their laws, we lie." Simonides

Last week's entry addressed "leaving the scene of an incident without reporting." Defined in Section 600 of the Vehicle and Traffic Law, the statute is designed to punish hit-and-run driving. As we discussed, it's very important to comply with Section 600's requirements because, if the consequences of an accident are bad enough, a violator with no prior record can do 2 1/3 to 7 years in prison.

But just what does compliance look like in any but the most standard situations? We've attached a report by WTEN in Albany, NY, that touches on some of the ins and outs. The story involves an off-duty state trooper, his pickup truck, and a dead man left like a dog in the road.

The ultimate conclusion of the grand jury in the case? Heartless, maybe. Criminal, no.

Continue reading "'Hit-and-Run' in New York - Part 2" »

"[A]ll citizens will be required to change their underwear every half hour. Underwear will be worn on the outside so we can check." Woody Allen Bananas

New York doesn't want drivers to evade liability for harm they may do. For this reason, the Vehicle and Traffic Law has very specific instructions for drivers who have been involved in an accident:

[B]efore leaving the place where the damage occurred, [each driver shall] stop, exhibit his or her license and insurance identification card for such vehicle, . . . and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.

Information gained through this mandatory disclosure can be used to make insurance claims, and in civil litigation, administrative proceedings and even criminal prosecutions (in cases where the driver may have been drunk, for example). However, even though the information can be used to prosecute the driver providing it, New York's Court of Appeals has dismissed arguments that requiring the disclosure violates constitutional protections against self-incrimination. The court concluded in People v. Samuel, that

[t]he duties imposed . . . are reasonable exercises of police power by the State to regulate activities directly relevant to public safety. On this view, the incidental and limited risk of inculpation by identification and report of motor vehicle operators whose conduct involves, or is likely to involve, criminal accusations is insufficient to inhibit the regulatory power by the interposition of the privilege against self incrimination.

To encourage compliance, the same law forbids "leaving the scene of an incident without reporting" and makes the consequences of doing so very unpleasant.

Continue reading "Hit-and-Run in New York - Part 1" »