April, 2015 - Braunfotel and Frendel

New York accident kills 1 and injures 2

The lengthy investigation of a 2014 three-vehicle accident has resulted in the arrest of a 25-year-old male on April 16. The investigation was conducted by the New York state police and assisted by the Westchester County Medical Examiner's Office, the Westchester County District Attorney's office and other area police departments. The accident resulted in one fatality and left two motorcycles in flames. The man arrested for causing the accident faces a number of charges following a grand jury indictment.According to the state police, the accused had been traveling south on Sprain Brook Parkway on a 2002 Yamaha motorcycle. Ahead of him, a 2001 Mazda was also heading south. The motorcycle, apparently moving at a high rate of speed, hit the rear of the leading vehicle. The driver of the Mazda [...]

New York accident kills 1 and injures 2james2015-04-30T00:00:00+00:00

Defining the crime of trespass in New York

Previously on this blog we have discussed burglary and arson as types of property crimes in New York. In this post we are going to explore the definition of the property crime of trespass.Per New York Penal Code article 140, a person commits criminal trespass if they enter the premises of another's property knowingly and stay there unlawfully. New York law defines premises to include buildings. Buildings include any sort of watercraft, vehicle or structure that a person may lodge in overnight or that a person may use as a part of their business. It also includes motor trucks and schools. In the case of apartment or condominium complexes, each unit is considered both as a part of the entire complex and also as an individual building.Also, under New York [...]

Defining the crime of trespass in New Yorkjames2015-04-30T00:00:00+00:00

Does New York allow a person’s criminal record to be expunged?

Some states allow a person to expunge their criminal record - that is, have it disappear forever. Unfortunately, New York is not one of these states. However, New York will allow a person's criminal record to be sealed in certain circumstances. What does that mean?In essence, sealing a criminal record means that the general public will not be able to access it. There are a number of benefits to sealing a record. First and foremost, with a few exceptions, an employer will not be able to access the individual's criminal record, making it easier for a person to find work.There are a number of types of cases that can be sealed. For example, juvenile criminal records can be sealed. Cases in which a person is not convicted are automatically sealed. [...]

Does New York allow a person’s criminal record to be expunged?james2015-04-24T00:00:00+00:00

New York company cited for over 48 safety violations

Employees go to work each day with the expectation that their workplace is safe. Unfortunately, that may not always be true.Earlier this month, a New York company was cited for over 48 workplace violations. The company, which makes plastic balls used for hydraulic fracturing, allowed its employees to work in an environment that may have compromised their health or led to workplace injuries. Not only did employees work in areas without proper ventilation systems, but they also may have been exposed to chemical hazards.According to an OSHA director, the company's workplace environment also lacked safety equipment and basic safety controls. The company did not have a fire alarm or a fire suppression system. In the event of a fire, individuals would not have had timely warning of the danger. Additionally, [...]

New York company cited for over 48 safety violationsjames2015-04-23T00:00:00+00:00

The value of property and the crime of larceny in New York

Someone who thinks that something valuable has been stolen from them may exaggerate the worth of the item. However, it is important not to get carried away. When it comes to the crime of larceny, it may be necessary at times to ascertain the true value of the property that was allegedly stolen. New York Penal Code section 155.20 describes how to determine such value.Per statute, the value of the property allegedly stolen will be equal to its market value where and when the alleged crime took place. If this information is not available, then the value of the property will be based off of how much it would cost to replace the item allegedly stolen within a reasonable timeframe following the alleged theft.When it comes to the theft of [...]

The value of property and the crime of larceny in New Yorkjames2015-04-16T00:00:00+00:00

Car accidents can cause severe spinal cord injuries

Spinal cord injuries have become one of the most common types of injuries sustained by drivers in New York and other parts of the country in car accidents. The World Health Organization estimates that anywhere between 250,000 and 500,000 people around the world suffer spinal cord injuries each year from car crashes, falls or acts of violence. Spinal cord injuries can leave victims with an inability to control their sensory or motor functions and use their arms, legs, back and other parts of their bodies. In some cases, they are left paralyzed after auto accidents.Motor vehicle accident injuries, including those affecting the spinal cord, can lead to other conditions. Many individuals suffering from spinal cord problems also develop deep vein thrombosis, ulcers or urinary tract infections. They may also often [...]

Car accidents can cause severe spinal cord injuriesjames2015-04-16T00:00:00+00:00

What are some common field sobriety tests in New York?

When a driver is suspected of drunk driving in New York, he or she may be to perform a field sobriety test. While there are numerous tests that can be employed, three standard tests are Horizontal Gaze Nystagmus (HGN) testing, walking and turning and standing on a single leg.HGN is the involuntary movement of a person's eye that takes place when a person looks to their left or right. If a driver is under the influence of alcohol, this movement is heightened and the angles of the movement are different. In addition, a drunk driver may find it difficult to smoothly follow an object visually in a horizontal manner. Flashlights or pens are common objects to use in these tests.Walking and turning is another commonly used field sobriety test for [...]

What are some common field sobriety tests in New York?james2015-04-09T00:00:00+00:00

Distracted driving car accident rate on the rise

A new traffic investigatory report suggests that distracted driving is a far more serious issue amongst teen drivers than previously thought. Research suggest that distracted driving is a factor in 60 percent of mild to severe car accidents. That percentage is far higher than information from police reports would suggest. The evidence was obtained by analysis of the last 6 seconds of crash footage taken from in car vehicle event recorders.The most common types of distractions encountered by teen car crashes were interaction with other passengers and cell phone use. Research found that drivers that who were texting, calling or other manipulation of their phones had their eyes away from the road for approximately 4 out of the 6 seconds right before a crash. Rear-end crash data analysis shows that [...]

Distracted driving car accident rate on the risejames2015-04-07T00:00:00+00:00

26 individuals accused of drug offenses in Rockland County

Drug trafficking can potentially involve many people, from the traffickers to the buyers. New City, New York, residents may be especially interested in the following story about a reported drug trafficking bust that allegedly took place in Rockland County.Twenty-six individuals are facing criminal drug charges after allegedly being involved in a reported drug trafficking ring that authorities have described as massive." It is alleged that the drugs sold in Rockland County included heroin and oxycodone. Nine of the accused reside in Rockland County. According to policePrescription drug abuse knows no bounds. It can affect people across various social strata - the young, the old, the rich and the poor. This is why police will go to great lengths to try to eradicate such abuse in their jurisdictions. Unfortunately, innocent people [...]

26 individuals accused of drug offenses in Rockland Countyjames2015-04-02T00:00:00+00:00

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