December, 2016 - Braunfotel and Frendel

Zealous advocacy for those in New York facing drug charges

Some people in New York have experimented with drugs in the past, or know someone who has. Occasional recreational drug use might seem like no big deal to some, especially as more states across the nation legalize certain drugs, such as marijuana. Unfortunately, the possession, manufacturing and distribution of certain drugs is illegal in New York and could result in drug charges.There are a number of substances that are banned in New York. These substances include marijuana, cocaine, crack cocaine, heroin and illegally obtained steroids. These are only a few examples of illegal drugs; there are many more.It is important to take drug offenses seriously. Depending on the type of drug involved, the particular drug crime and where the drug crime took place, penalties could range from fines to many [...]

Zealous advocacy for those in New York facing drug chargesjames2016-12-29T00:00:00+00:00

Improving survival chances with a female doctor

According to a study published in Dec. 19 in a peer-reviewed medical journal, there is a clinical difference in the outcomes of certain patients who have female doctors and those who have male doctors. New York elderly residents who are sick and have to be admitted to a hospital to receive care may be interested to know that having a female doctor increases their chances of survival. In addition, such patients have less of a tendency to be re-hospitalized within a month of being discharged.The purpose of the study was to determine if the differences in medical care resulted in better outcomes. The researchers examined the records of over 1.5 million Medicare patients who were 65 years of age or older and had been admitted to the hospital for non-surgical [...]

Improving survival chances with a female doctorjames2016-12-28T00:00:00+00:00

Can breath test results be challenged in New York courts?

Holiday parties are in full swing this time of year - and that means police in New City will be on high alert for those they believe are driving under the influence. When police pull someone over on suspicion of driving while intoxicated, many times, they will administer a breath test using a Breathalyzer. But, are these tests always accurate?Perhaps not. A Breathalyzer is an instrument that a person blows into, allowing the instrument to analyze the person's blood alcohol content level (BAC.) A reading at 0.08 or above means the driver's BAC is above the legal limit, and they can be charged with drunk driving. However, it is possible to challenge whether the instrument was working properly when the reading was administered.Breathalyzers must be calibrated regularly to ensure the [...]

Can breath test results be challenged in New York courts?james2016-12-22T00:00:00+00:00

The layers of workplace hazard control

New York companies should take several steps to keep workers safe while they perform hazardous work. The 'layered approach to workplace safety is recommended by the Liberty Mutual Research Institute for Safety. Each layer of workplace hazard control is importantAccording to Liberty Mutual, employers should begin by eliminating all safety hazards that can be eliminated. For example, workers that are performing jobs at heights for no particular reason should conduct their work on the ground instead. After elimination, the second layer of hazard control is substitution. If a hazardous substance or tool can be replaced with something safer, it should be replaced in order to prevent injuries.The next layer of workplace hazard control is the implementation of engineering controls. Engineering controls include safety items such as guardrails to prevent falls [...]

The layers of workplace hazard controljames2016-12-20T00:00:00+00:00

Preventing slip and fall accidents caused by ice and snow

New York property owners are responsible for ensuring that their property is safe for visitors or customers. However, when the cold weather approaches, keeping property free from ice and snow, which could lead to serious slip-and-fall accidents, can be a difficult task. Even so, there are things that property owners can do to avoid liabilities.Before any changes to the property are made, property owners should check their local laws and regulations. These regulations are provided by the Occupational Safety and Health Administration. If a customer wants to file a lawsuit for slip and fall injuries, the courts will use the regulations before determining whether the case is valid or not. During the winter, property owners should be on the lookout for leaks, as this could lead to ice when the [...]

Preventing slip and fall accidents caused by ice and snowjames2016-12-19T00:00:00+00:00

Three men accused of burglary in reported Nanuet home invasion

Last week, this blog discussed the nuances of the crime of burglary. As one may recall, burglary involves knowingly entering a building with the intent to commit a crime therein. Recently, three men from New York were accused of committing that very crime in Nanuet, New York.Three men were arrested by the Clarkstown Police Department on accusations of robbery and burglary. The incident allegedly took place in a home invasion in Nanuet.Reportedly, multiple individuals with guns gained access to a home with people in it and displayed their weapons. One of the alleged occupants reported that when he went out to his garage to get something, he saw two African American males point firearms at him. The man reported that the gunmen demanded jewelry and money. The man handed them [...]

Three men accused of burglary in reported Nanuet home invasionjames2016-12-16T00:00:00+00:00

Prevalence of penicillin allergies could be overblown

When New York physicians label patients with a penicillin allergy without testing for the condition, they could be denying people access to effective treatments in the future. During the annual meeting of the American College of Allergy, Asthma and Immunology, attendees learned that approximately 90 percent of people diagnosed with penicillin allergies could take the drug without serious consequences. Physicians either misdiagnosed the people to begin with, or the people outgrew the sensitivity.A professor of medicine and pharmacology noted that people considered penicillin-allergic might have to take a different kind of antibiotic if they develop a serious infection. The alternative medicine might not be as effective as penicillin, or it could trigger other side effects.She estimated that 25 to 50 million people might be making medical decisions based on an [...]

Prevalence of penicillin allergies could be overblownjames2016-12-09T00:00:00+00:00

The crime of burglary may be more subtle than one thinks

Hollywood likes to portray burglars as hardened criminals who are breaking and entering" to do something extremely violent or nefarious. HoweverUnder New York law, an individual commits third-degree burglary if he or she knowingly enters into a building or unlawfully remains in the building, intending to commit an illegal act therein. Let us unpack some of these phrases and see how the law defines them.First, a building under the law is not restricted to brick-and-mortar structures. It also includes vehicles and watercraft intended for overnight lodging. Also included in the definition of building" are enclosed motor trucks or truck trailers. If a building consists of multiple units that each have a separate lock or are separately occupiedSecond, let us consider the definition of enter or remain unlawfully." In generalThis definition [...]

The crime of burglary may be more subtle than one thinksjames2016-12-08T00:00:00+00:00

Increased work dangers for Hollywood employees

New York residents may be interested in learning that being a Hollywood actor or movie set employee may be a surprisingly dangerous profession. A report by OSHA claims that work-related accidents for Hollywood employees have increased in recent years.Despite the high number of successful films from large studios, the industry is filled with more smaller studios with much tighter production budgets. This money crunch has led many studios to skimp on basic safety precautions and other legal responsibilities that protect their employees while on the set. Many movies are shot in relatively dangerous or high-risk locations. A failure to properly prepare the location for shooting can result in avoidable accidents that injure or even kill employees.An OSHA report outlines several reasons why the risk to production crews on set has [...]

Increased work dangers for Hollywood employeesjames2016-12-05T00:00:00+00:00

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