Two important decisions were published this week, one by the Second Circuit; the other by SCOTUS. In Garlick, the Circuit granted a New York State defendant’s habeas petition, finding that the admission of an autopsy report violated the Confrontation Clause, because...
Individuals accused of drug possession in New York could face felony or misdemeanor charges depending on the amount. Jail time, heavy fines and a permanent criminal record might come with a conviction. As with all criminal charges, the accused is innocent until proven...
The Second Circuit’s decision in Trimm addresses, in depth, the authority of a district court to override the U.S. Attorney’s Office’s decision not to file a § 3553(e) motion, where the parties agree that defendant provided “substantial assistance” but disagree...
Before and during criminal trials in New York and around the country, prosecutors ask judges to make rulings, issue orders or provide directions. These requests are called motions and they can be made orally during the course of a criminal trial or in writing before...
Medical professionals in New York often find themselves treating many patients, but not all patients are visiting doctors to get better. People might utilize all sorts of ways to get prescriptions they do not need. Here's more information about a few common types of...
On May 13, 2021, Edward V. Sapone was a featured lecturer at Richard Levitt’s annual Second Circuit Criminal Law Roundup sponsored by the New York Criminal Bar Association and Marino Legal. Ed’s lecture was entitled The Federal Trial Penalty, and was attended by...
Before your trial starts in New York, your attorney might file pre-trial motions that could have a huge impact on the rest of the case. However, the prosecution can also file pre-trial motions that could hinder your ability to win the case. For this reason, it's...
Bank fraud in New York and elsewhere in the United States comes in many forms, all of which come with potentially serious consequences that include long prison sentences. One form of bank fraud is disguising payments as something they are not. Bank fraud defined Bank...
Individuals accused of bribery in New York face a serious felony offense. Bribery charges often become applicable when money or another item of value changes hands with the intent to influence the actions of a public or government official. These charges can apply to...
To get a hold of someone's personal information in New York, a scammer might pretend to be a friend, a neighbor or a legitimate business. If the target falls for the scam, they might give the scammer their personal information. The scammer then uses this information...
