October, 2014 - Braunfotel and Frendel

Facing drunk driving charges in New York with the right help

Being charged with drunk driving can be a frightening experience. You may wonder whether you will be able to keep your driver's license. You may also be facing fines or even jail time, depending on the circumstances. When this happens, it is important to know your rights.Our firm has represented clients in thousands of cases, including DUI/DWI cases. We examine the ways our client's charges can be reduced or even dismissed entirely. For example, the traffic stop itself could be fraught with illegalities, from the absence of reasonable suspicion to other ways that a driver's legal rights may have been violated. We can call into question the validity of any breath or blood tests performed during the traffic stop, as well as the accuracy of any field sobriety tests performed.One [...]

Facing drunk driving charges in New York with the right helpjames2014-10-30T00:00:00+00:00

Air bag recall may be expanded

New York car owners may be interested that Toyota recalled 247,000 vehicles with Takata airbags on Oct. 20. The airbags may explode sending metal shrapnel into the vehicle. The recalls in the U.S. started in June. Florida and Puerto Rico were the first regional areas involved.Almost five million vehicles made by Toyota, Honda Motor Group, Fiat-Chrysler and others are affected with a potential for 25 million more. The problem, according to authorities, involves chemicals used to inflate the airbags. Two lawsuits have been filed recently. Both car accidents occurred in Florida, and the lawsuits allege injury to the drivers from shrapnel. The National Highway Traffic Safety Administration maintains the problem to date has been seen in high humidity areas such as Florida. It may also affect individuals who winter in [...]

Air bag recall may be expandedjames2014-10-28T00:00:00+00:00

Five Saks Fifth Avenue employees accused of theft

Many people in New York and across the nation hit New York City's downtown department stores when shopping, particularly for luxury items. However, recently five employees of midtown's Saks Fifth Avenue store have been accused of grand larceny, identity theft and other crimes after allegedly stealing customers' credit card numbers and using them to purchase luxury items that were later sold on the black market.According to police, one employee allegedly stole the financial identities of approximately 50 customers, and then directed four other employees to use that financial information to purchase $400,000 worth of designer brand shoes and bags. The reported ringleader allegedly hand-picked the items that were to be purchased. She then reportedly had the four other employees manually enter the customers' information into the store's system to make [...]

Five Saks Fifth Avenue employees accused of theftjames2014-10-24T00:00:00+00:00

Workers injured, exposed to asbestos in ceiling collapse

Two workers for an asbestos removal company were not only injured but also exposed to asbestos when a Mineola building's ceiling collapsed during a renovation of the property. According to authorities, 17 other individuals were in the building at the time of the collapse but escaped the incident without injury. The event took place at the former site for social services in Mineola, New York, a building that is now being converted to a family court.According to officials, the environmental cleaning company workers were prepping the building for the removal of asbestos when a piece of concrete that had been reinforced with metal rods fell. This purportedly trapped two workers and caused asbestos to suffuse throughout the site.Officials described the injuries suffered by the two workers as non-life-threatening. The other [...]

Workers injured, exposed to asbestos in ceiling collapsejames2014-10-22T00:00:00+00:00

When can a warrantless arrest be made in New York?

In a previous post, we discussed the requirements that must be met for an officer to obtain an arrest warrant. In general, a police officer must obtain a warrant in order to arrest a person for an alleged crime. However, one might wonder whether there are times when a police officer can arrest a person without first obtaining a warrant?While the following information is not legal advice, there are some circumstances in which an officer can make a warrantless arrest. According to New York statutes, a warrantless arrest may be allowed if the officer has reasonable cause to believe that an alleged crime has been committed in the officer's presence. In addition, an officer can pursue the alleged perpetrator into a county adjoining the one in which the alleged crime [...]

When can a warrantless arrest be made in New York?james2014-10-17T00:00:00+00:00

Taxi jumps curb and strikes building

In New York City, a taxi driver lost control of his vehicle and jumped the curb on Oct. 6, hurting two people and damaging a building. The vehicle struck the building around 11:50 a.m. hitting an eyeglass store. A vacant commercial space next door sustained most of the property damage, and no one inside the eyeglass store was injured.Witnesses say that a pedestrian on the sidewalk outside was treated for injuries, and it is believed that this individual was struck by the car. A passenger in the rear of the cab was taken out on a stretcher and transported to a hospital for treatment. The cab driver was shaken, but the reports indicate that he was not physically injured. According to authorities, none of the injuries seemed to be life-threatening.At [...]

Taxi jumps curb and strikes buildingjames2014-10-16T00:00:00+00:00

Three New City men accused of drug offenses

Drug crimes in New City, New York, are taken seriously. They can range from misdemeanors to felonies, depending on the type of drug activity suspected, as well as the alleged drugs confiscated. Therefore, it is important for those accused of drug offenses to fight the charges against them.Recently, three individuals in New City have been charged with various drug crimes. Police obtained a search warrant after some people reported alleged drug sales at a specific location. Per the warrant, police seized what was reported to be drug paraphernalia, 240 envelops of heroin, marijuana, suboxone and packaging material.The three men now face charges of felony possession of controlled substances. One of the men was also charged with misdemeanor possession of drug paraphernalia and controlled substances. The three men were arraigned and [...]

Three New City men accused of drug offensesjames2014-10-10T00:00:00+00:00

FedEx driver allegedly causes fatal accident

A 38-year-old woman and a 41-year-old man are dead following a head-on collision in New York on Sept. 29. According to police, a rider in the woman's vehicle, 20, is in critical condition at Upstate University Hospital.The accident occurred when the driver of a FedEx delivery truck, a resident of Liverpool, was driving on eastbound Route 3 between County Route 8 and Rathburn Road at about 4:33 p.m. when his vehicle veered into oncoming traffic and hit a Honda Civic traveling west on the roadway. Both vehicles left the road because of the impact and landed in a pond. The two-vehicle accident remains under investigation, and the reason the truck left his lane is unknown at this time.The FedEx driver was ejected from his truck. According to reports, he died [...]

FedEx driver allegedly causes fatal accidentjames2014-10-06T00:00:00+00:00

Selecting jurors in a New York criminal trial

When it comes to selecting a jury for a criminal trial, there are times during the general questioning of jurors in which either the prosecution or the defense objects to a particular juror. However, under New York law, these objections - also known as challenges for cause - can only be made for certain reasons.For example, one of these reasons is that the juror will likely be unable to remain impartial after being presented with the evidence at the trial. Another objection may occur if the potential juror has some sort of relationship to those involved in the case that could prevent him or her from remaining impartial. Such relationships include being a relative by blood or having an affinity within six degrees to the defendant, the alleged victim, a [...]

Selecting jurors in a New York criminal trialjames2014-10-03T00:00:00+00:00

New York man killed after being struck by 2 cabs

A pedestrian was killed after being struck by two vehicles in the Bronx on Sept. 28. The accident occurred around 1 a.m. when the man attempted to cross Pelham Parkway at White Plains Road.According to police, the 26-year-old victim was crossing Pelham Parkway when a westbound livery cab hit him. The driver pulled over and called 911. Moments later, a second car, also believed to be a livery cab, hit the man as he was lying on the roadway. The second driver drove away without stopping. The Baychester victim was transported to St. Barnabas Hospital where he was later pronounced dead.The 50-year-old cab driver who stayed at the scene was not arrested or issued any traffic citations, according to a representative of the NYPD. The driver of the second car [...]

New York man killed after being struck by 2 cabsjames2014-10-01T00:00:00+00:00

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