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October 2016 Archives

Understanding Leandra's Law

New Yorkers who are charged with a DWI may want to understand how Leandra's Law may impact them. Leandra's Law, which was passed in 2009, specifically targets offenders who drive with a child under the age of 15 as a passenger and drivers who have a blood alcohol concentration of 0.18 or higher.

Marijuana possession and sale

The potential penalties for possessing or selling marijuana in New York depends on several factors, including how much was possessed or sold, whether or not the defendant has prior convictions, whether the offense is charged as a misdemeanor or felony and whether or not the defendant received money in exchange for the marijuana.

Just how bad is a domestic violence conviction in NY?

Those facing allegations of domestic violence crimes in New York may be tempted to write the whole off and move on. After all, how bad can a conviction for a domestic violence crime be? Unfortunately, the answer is likely worse than you thought.

Drug criminalization may cause more harm than good

After visiting inmates in New York and other states, the American Civil Liberties Union and Human Rights Watch released a report about the consequences of drug criminalization. The report, published on Oct. 12, focused on the harm that is caused by low-level drug charges. According to the report, there has been no decrease in drug use in decades, and criminalization may not be the answer.

New York prosecutor fails to share material evidence

A trial in New York in September raised the issue of the Brady rule. This rule is based on the 1963 U.S. Supreme Court ruling in Brady v. Maryland, and it requires a prosecutor who uncovers evidence that is material and favorable to the defense to present that evidence to the defense. The New York case involved a man accused of murdering a sixth-grader who was his ex-girlfriend's son. Once the trial was underway, it was revealed that a witness had seen another ex-boyfriend entering the house right before the murder.

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Law Office Of Luke Scardigno
123-60 83rd Avenue Suite 1T
Kew Gardens, NY 11415

Phone: 718-414-6186
Phone: 917-836-8924
Fax: 718-575-0968
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