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| 845-634-7701

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What is considered private in a search and seizure context?

Police in New City who engage in a search and seizure of drugs, whether it is through a routine traffic stop or at a person's home, still must abide by the Fourth Amendment of the U.S. Constitution. This amendment protects against unreasonable searches and seizures. However, it is important to understand when a search" during a police investigation occurs and whether the property seized was private."In general, the court will look at two factors to determine if what began as an investigation by the police has in fact become a search. First, would the individual expect a certain degree of privacy in the home or property being investigated? Second, would that privacy expectation be considered reasonable?If the answer to these two questions is yes, then the court will find that [...]

What is considered private in a search and seizure context?2016-11-30T00:00:00+00:00

Patients injured by misdiagnosis of cellulitis

Many New York residents who have been told that they have cellulitis might have been misdiagnosed, according to a study. Researchers from several hospitals including Massachusetts General Hospital found that more than 30 percent of cellulitis diagnoses are incorrect. The misdiagnoses result in unnecessary hospitalizations and antibiotic prescriptions.Cellulitis is a fairly common bacterial skin infection that can be very serious in some cases. People contract cellulitis when they have a wound or a skin irritation that becomes infected by bacteria. The most serious cases of cellulitis involve potentially deadly superbugs like methicillin-resistant staphylococcus aureus, or MRSA. While cellulitis can be life-threatening, the misdiagnosis of cellulitis also poses a health risk to patients.According to the study, 92.3 percent of patients who are misdiagnosed with cellulitis are given antibiotic prescriptions that they [...]

Patients injured by misdiagnosis of cellulitis2016-11-28T00:00:00+00:00

Field sobriety tests in New York may not always be accurate

Police in New York may be out in force this holiday season on the lookout for intoxicated drivers, but their means of identifying them may not always be accurate. After all, there are three official types of field sobriety tests: the horizontal gaze nystagmus test, the one-leg stand and the walk-and-turn test. But, there is no personal baseline for how an individual driver will be able to complete such tasks. Extenuating factors could exist that could affect how an individual is able to perform a field sobriety test.For example, take those with physical impairments. People older than 65-years-old, who have a physical disability (whether apparent or not) or who are over 50-pounds overweight may not be able to perform the one-leg stand or the walk-and-turn test, even if they are [...]

Field sobriety tests in New York may not always be accurate2016-11-23T00:00:00+00:00

Two face larceny charges in alleged Victoria’s Secret theft

Some people in New City may be trying to get a head-start on the holiday shopping season, or at least may be preparing for the upcoming Black Friday" sales in stores nationwide. HoweverAccording to the Clarkstown Police Department, two individuals have been accused of shoplifting from the West Nyack Victoria's Secret store in the Palisades Mall. The act allegedly occurred November 8 at approximately 8:50 p.m. The accused include a 21-year-old woman and a 15-year-old boy. Both of the accused are reportedly from the Bronx. A loss prevention employee reportedly saw the two individuals stealing clothing from the store. The value of the goods allegedly stolen was around $1,371.The two individuals were placed under arrest at the scene of the alleged act. They are now facing charges of fourth-degree grand [...]

Two face larceny charges in alleged Victoria’s Secret theft2016-11-17T00:00:00+00:00

Medical errors in breast cancer diagnosis

Breast cancer is a serious disease that affects many women in New York and across the United States. Doctors agree that an early diagnosis is one of the most important factors in long-term survival. A delay in diagnosis by as little as three months puts most women in the significantly lower survival rate category of less than five years.Most women are familiar with the common way breast cancer is identified. A lump on the breast is one of the most obvious signs, and it is something that most women and doctors look for regularly. A British study, however, shows that there many be many other signs of breast cancer that do not include a lump. These signs usually consist of other abnormalities such as pain in the breast and nipple [...]

Medical errors in breast cancer diagnosis2016-11-14T00:00:00+00:00

Help is available to those accused of DWI this Thanksgiving

Thanksgiving is quickly approaching and likely most residents in New York are planning their holiday activities. This may involve watching the football game, enjoying a holiday meal with family or preparing for Black Friday" shopping. Oftentimes alcohol is served at Thanksgiving functionsBeing pulled over for drunk driving at any time of the year can be a harrowing experience. Taking a breath test can make anyone, sober or not, anxious. Moreover, trying to comply with field sobriety tests can be difficult, even if you haven't had anything to drink. To make matters worse, these tests can be subjective or faulty, leading to inaccurate results and in some cases, wrongful arrests.Those wrongfully charged with drunk driving need to know that help is available. Attorneys in New York can review the traffic stop [...]

Help is available to those accused of DWI this Thanksgiving2016-11-10T00:00:00+00:00

Nursing errors and malpractice

When people in New York enter a hospital, nursing home or rehab center, they are counting on the competency of the health care professionals who care for them. When these professionals are negligent or make a mistake, the consequences can be dire. Patients have lost their lives, independence, and their careers due to a medical or nursing error.When people hear the word malpracticeThere are many different nursing mistakes that can result in a patient's injury, trauma or death. In some cases, it can be as simple as not ensuring that a patient is able to reach their call button. Patients may attempt to get out of bed in hopes of reaching the button so they can call the nursing station. Unfortunately, this can result in an injury for a patient [...]

Nursing errors and malpractice2016-11-08T00:00:00+00:00

Sometimes a trial in New York ends in a mistrial

The criminal trial process can be confusing to those who are not familiar with it. From the preliminary hearing to pretrial activities to the trial itself, the whole undertaking can be utterly overwhelming. Fortunately, anyone accused of a crime in New York or anywhere else in the nation is entitled to have an attorney by their side, presenting their case and defending their innocence.One part of some criminal trials that may be extra-confusing is a mistrial. After all, to make it all the trial process only to have the trial terminated and declared void may be unexpected. When exactly would a mistrial occur?A mistrial could occur for a number of reasons. For example, a mistrial could occur if one of the attorneys or one of the jurors passes away before [...]

Sometimes a trial in New York ends in a mistrial2016-11-03T00:00:00+00:00

Challenges associated with rare diseases

New York residents suffering from a rare disease could spend years seeking answers from health care providers. Rare diseases present patients and their families with diagnostic difficulties because there tends to be limited information about the conditions. Per the National Institutes of Health, a disease fits the definition of being rare if it is identified in less than one person out of 200,000 in the U.S.At least half of the 30,000 U.S. residents diagnosed with one of the 7,000 identified rare diseases are children. However, it is probable that there are numerous people who have not yet been diagnosed. One of the greatest challenges is the fact that there could be different manifestations of a rare disease for different patients. Symptoms shared by different diseases could create further confusion during [...]

Challenges associated with rare diseases2016-11-01T00:00:00+00:00
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