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Blog Posts in 2012

  • The SullivanBrill criminal lawyers are thrilled to announce that the case against their client for looting in Coney Island the day after Hurricane Sandy was dismissed by a Brooklyn Grand Jury. Last week, SullivanBrill's client exercised his right to testify in a New York State Grand Jury so he could explain to the grand jurors that he was innocent of looting. Despite cross examination from the ...
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  • A 19 year old life long resident of Coney Island in Brooklyn was arrested and charged with Burglary and other related charges when a NYPD officer claims to have seen him coming out of a fruit stand that was severely damaged as a result of Hurricane Sandy. Nothing found on him was connected to the fruit stand and no one observed the new client stealing or damaging any property inside or outside the ...
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  • Mitigation when it comes to Federal Sentencing

    || 26-Oct-2012

    If you want to understand the power of mitigation factors at a federal sentencing hearing, look no further than the sentencing of Rajat Gupta before Judge Rakoff in the SDNY. Mr. Gupta, a former Goldman Sachs board member, was convicted of 3 counts of securities fraud and 1 count of conspiracy for passing inside information (regarding Warren Buffet’s involvement with Goldman). Prior to ...
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  • Self Defense and the "Castle Doctrine"

    || 25-Oct-2012

    There is an old 17th Century English saying: a man’s home is his castle. Those words rang loud and clear in a recent case in Kalispell, Montana where an unarmed man was shot dead when he entered his neighbor’s garage to confront the neighbor about an affair he was having with the man’s wife. Because of the self-defense laws in Montana (similar to the ones in at least 20 other ...
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  • New York's Stop and Frisk Policy Front and Center

    || 21-Oct-2012

    The NYPD says that it has made major inroads in improving their stop and frisk policies: but that remains to be seen. Presently, there are potentially three class-actions lawsuits against the City of New York and the NYPD alleging improper stop and frisk practices. If one believes the statistics calculated by the New York Chapter of the ACLU, in 2011, the NYPD stop and questioned people 685,724 ...
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  • Cyber Crime - The Crime of the Future

    || 10-Oct-2012

    If you were not a PNC Bank of Bank of America customer, you may not have heard that hackers had infiltrated databases making it impossible for customers to do their banking on-line. Other than some majorly inconvenienced customers, no money was stolen. But, the event, although not highly publicized, was a greatly symbolic when it comes to the world of cybercrime. It underscored what the criminal ...
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  • Was Scattered Bacon at Site of Muslim Gathering a Hateful Act? Posted August 27, 2012 in Criminal by Richard Dahl The New York Police Department Hate Crimes Unit is investigating an incident involving the scattering of raw bacon on a Staten Island park site prior to a religious gathering of Muslims observing the end of Ramadan on Aug. 19. A handful of event organizers saw the bacon and removed it ...
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  • Was Scattered Bacon at Site of Muslim Gathering a Hateful Act? POSTED AUGUST 27, 2012 IN CRIMINAL BY RICHARD DAHL 1 COMMENTS LinkedIn 1 Email Share 6 iStockphoto/Thinkstock The New York Police Department Hate Crimes Unit is investigating an incident involving the scattering of raw bacon on a Staten Island park site prior to a religious gathering of Muslims observing the end of Ramadan on Aug. 19. ...
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  • Since the landmark decision of Miranda v. Arizona was handed down in 1966, courts have been chipping away at the breadth of protections that criminal suspects receive. For example, in the 1971 case of Harris v. New York, the Supreme Court found that statements made by a suspect who was not given a Miranda warning could not be used as evidence in the trial against him, but could be used to impeach ...
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  • Throughout history, eyewitnesses have played an important role when it comes to matters of criminal defense law. Needless to say, eyewitness testimony is not as reliable as many of us would want to believe. According to the Innocence Project, headed by New York Defense Attorney Barry Sheck, 75% of the cases involving wrongful conviction were based on misidentification by a witness. The United ...
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  • Under New York State and Federal law, the police must respect a suspects constitutional rights when making an arrest and taking a person into custody. The police must have probable cause before they can arrest someone and they must not use excessive force when apprehending or taking an individual into custody. If they do not respect these rights, they can be held responsible for the improper and ...
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  • http://blogs.lawyers.com/2012/05/visiting-nyc-prepare-to-be-frisked/
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  • In a troubling study conducted by the Department of Justice, it was found that 1 out of every 10 state prisoners are sexually abused – or 9.6% of the entire state jail population. What makes the sexual abuse even worse is that a great majority of the incidents involved physical restraint. As a result of this alarming statistic, the Department of Justice is establishing a program that will ...
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  • In the latest round of the battle against Mayor Bloomberg and the NYPD and their stop and frisk policy, a federal judge granted class-action status to several thousand New York citizens who claim that they were illegally stopped and/or frisked. This decision comes on the heels of a report by the NYCLU who has found that the number of stops and/or frisks by the NYPD has drastically increased on a ...
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  • The NYPD will End Stops and Frisks of Livery Cab Passengers

    || 17-May-2012

    The City of New York has recently agreed to train its police officers to end the policy of stopping and frisking livery cab passengers. The civil suit was started by two men who were detained after their livery cab was stopped as a result of the Taxi and Livery Inspection Program (TRIP). Once they were detained, they were frisked. What made the stop and frisk more improper was that the livery cab ...
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