Archive for January 2020
Matrimonial Laws / Privacy Law
In a severe rebuke of a husband’s conduct during a divorce proceeding, a Brooklyn Judge sanctioned him, striking his pleadings. The sanction was issued after it came to light that the husband had bugged his wife’s phone and listened in on her communications with her attorney. The ruling came from Justice Sunshine (Kings County) after…
Read MoreGifts Given in Contemplation of Marriage
You fall deeply, madly in love and you propose with a beautiful diamond engagement ring. Unfortunately, the wedding is called off and a fight ensues as to who gets to keep the ring. This was the issue that a New York Court recently had to decide regarding a $40,000.00 engagement ring. The recipient of the…
Read MorePrivacy Interest of your Cell Phone and its’ Data
A re-occurring issue that defense and civil rights attorneys often encounter involves privacy and property interests at the time of arrest. Specifically, it pertains to police access to your cell phone and its data. A person who has been arrested has the right to make three (3) telephone calls without charge. One of the calls can be…
Read MoreAn Adjournment in Contemplation of Dismissal (ACD)
An adjournment in Contemplation of Dismissal, or an ACD, is a provision under the New York Criminal Procedure Law designed to nullify the effect of an arrest. After the statutory waiting period, the case will be administratively dismissed if the terms of the ACD are complied with. A recipient of an ACD is provided with…
Read MoreFamily Court / ACS Matters
Oftentimes, a parent or a person legally responsible (PLR) is named by ACS as a respondent in an abuse/neglect petition under the theory of derivative neglect. Under this theory, the respondent’s actions or inaction toward one child in the household, places the other children in the household at risk. This is known as derivative abuse…
Read MorePolice Body Camera Footage
A recent Appellate Court decision ruled that police body camera footage can be shown to the public. The court rejected the police union’s argument that the footage should not be released as it constituted personnel records and is protected under Civil Rights Law 50 (a). The court ruled that the public’s right to “transparency and…
Read MoreMcDonough v. Smith
In a case recently decided by the United States Supreme Court, McDonough v. Smith, as Special District Attorney, County of Rensselaer, the Court held that the three (3) year statute of limitation for bringing a civil rights claim of fabrication of evidence under 42 USC§ 1983 begins to run when the criminal proceedings are terminated in…
Read MoreNew York Criminal Procedure Law Sections 160.50 and 160.55.
In the matter of R.C v. City of New York, a putative class action case held that the NYPD’s policy and practice of maintaining, using, and disclosing sealed arrest records violated New York Criminal Procedure Law Sections 160.50 and 160.55. The NYPD was alleged to have maintained databases with sealed information which they used for investigation…
Read MorePrior Conviction or Arrest
In some circumstances, where the police are executing an arrest or search warrant, the police may have knowledge of your criminal history. More often than not, your criminal history is of no moment when your are being illegally searched, seized, battered and/or assaulted. Because you have a past criminal record does not mean you can…
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