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Brooklyn Criminal Law Blog

88-year-old man accused of attempted murder

An 88-year-old New York resident was taken into custody on Sept. 9 after he was accused of attempting to murder his wife with a hammer. The man and his wife, age 86, had been married for 60 years.

The accused man reportedly walked into the Garden Gate Health Care Facility where his wife was a resident. He then allegedly began attacking his wife. After the attack, he walked to the front desk where he told the staff what had happened. The man was reportedly not a resident of the facility. The wife was hospitalized with head injuries that were said to be severe.

Suspect denies killing New York woman

Authorities are holding a 31-year-old woman at the Monroe County Jail without bail. Police investigators allege that she shot and killed a 33-year-old woman from Brockport. The victim had been taking a lunch break from her job at Lowe's in a nearby park when investigators believe the other woman shot her in the head. When exiting her court arraignment, the suspect directly said no when a reporter asked if she had committed the murder.

The sheriff said the two women had no known relationship, and he described the killing as random and senseless. The woman accused of the crime grew up in the region but moved away in 2014. She had returned to the area three days before the killing and was renting a room at a local Holiday Inn, where police arrested her.

Man charged with murder following stabbing incident

A New York man was taken into police custody after he was accused of fatally stabbing a 30-year-old during a fight. The incident occurred in the 200 block of Moulton Street in Watertown.

During the preliminary hearing, a witness claimed that, during the fight, the accused 34-year-old man allegedly punched the 30-year-old man several times in the chest. She said another individual, a woman, hit the man in the head before another person struck the man in the back with a pool stick. After the fight, the accused man and other unidentified man left the home. The witness said that she saw blood on the 30-year-old man's torso. He was taken to the hospital and was pronounced dead due to stab wounds about an hour after the incident took place.

The Kings County Criminal Bar Association (KCCBA) hosted our Aidala, Bertuna & Kamins P.C.

#ABKLaw Partner Hon. Barry Kamins, the former administrative judge of the Kings County Supreme Court, Criminal Term, for a Continuing Legal Education (CLE) lecture on recent developments in search and seizure law at the Brooklyn Bar Association recently.

"Judge Kamins is a person who needs no introduction to our membership," said KCCBA President Michael Cibella. "He's the expert on search and seizure because he literally wrote the book. We're lucky to have him here to give us an update on developments to search and seizure law."


The Justice Department has filed a petition seeking a review of a decision by the Fourth Circuit Court of Appeals, continuing a travel ban from six mostly Muslim countries. This petition for certiorari sets the stage for a constitutional showdown--whether a presidential initiative is lawful. The Supreme Court normally grants review when a federal appeals court holds a presidential initiative to be unconstitutional and the government has asked the Court to expedite its decision on whether to review. Thus the Court could make its decision before it breaks at the end of June. It takes four votes by the Justices to grant a petition for certiorari and, if granted, arguments would be heard in the Fall.

A twist on intent: U.S. Supreme Court reverses wife's chemical weapons conviction

What started out as a telenovela-style plot of revenge: A wronged wife placed two deadly chemicals upon her husband's mistress's doorknobs, mailbox, and car, hoping to make the woman sick. By the way, the mistress was the wife's best friend, and she was pregnant and the husband was the father. The mistress suffered, at most, one slight chemical burn which was alleviated with flushing with water. No other injuries occurred. However, the wife was charged, not with assault and battery, but with violations of the 1997 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.

No soap opera would dare come up with such a plot.

Making sure the Miranda warning actually helps

People who face criminal charges should understand how they can get protection from the Miranda warning-and how it may hurt them.

People in New York that may be suspected of criminal activity may or may not want to answer questions from law enforcement officials at certain times. The law known as the Miranda warning provides the ability for suspects or defendants to refuse to answer questions when they do not wish to. This has become a highly important element of our criminal defense system over the years as it protects the rights of many people.

Identity theft is high on the radar of New York law enforcement

The consequences of a conviction for identity theft are serious and charges should be vigorously challenged.

It seems we hear daily that personal information was stolen, exposing rightful owners to potential identity theft. Recently, Target, Home Depot and Anthem were electronically hacked by thieves who apparently took personal identifying information of millions of people.

Mandatory minimum drug sentence reform still faces challenges

While drug cases have dropped, more substantial federal reform still elusive

In recent years the United State Department of Justice has substantially reduced its reliance on mandatory minimum sentences, especially when prosecuting low-level drug offenders. According to the Washington Post, this change of focus has led to a decrease in both the number of federal drug cases overall and the number of times prosecutors pursue mandatory minimum sentences. However, critics note that such reforms may only be temporary and, so far, more long-lasting reforms have proven elusive.

DUI convictions in New York: A breakdown of penalties and cost

DUI convictions in New York come with harsh penalties, including potential jail time.

There are many negative impacts connected to a driving under the influence, or DUI, conviction. The increase in insurance premiums and social stigma tied to a criminal conviction are likely well known, but many may be unaware of the high monetary penalties and potential jail time for a first time DUI conviction in New York.

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