Posted On: April 28, 2010

Three Arrested for Allegedly Defrauding Department of Education & New York City Over Multiple Years

Manhattan District Attorney, Cyrus Vance, Jr. is flexing his new found muscles. While his predecessor, Robert Morgenthau, routinely tackled schemes into the multiple millions of dollars, District Attorney Vance is just beginning find his feet and to make a name for himself. Far from a "big money" splash, the chief prosecutor of New York County has still sent a very loud message to would be fraudsters who violate the government and public trust...don't do it.

According to the Manhattan District Attorney's Office press release, three individuals were arrested and indicted on multiple felonies for a $100,000 no show job as a custodian and a ticket payoff scheme.

It is alleged that Philip Portelli was employed as the Custodian Engineer at the Edward A. Reynolds West Side High School on 102nd Street in Manhattan. It is further alleged that Paul Azzopardi, a long time friend, along with Mr. Portelli scammed the public by adding Mr. Azzopardi to the payroll of Mr. Portelli as a custodian since 2006. Despite this, prosecutors claim that Mr. Azzopardi didn't work at the school. Instead, Mr. Portelli is alleged to have created fake paperwork and time sheets, issued pay checks and defrauded the Department of Education in an amount exceeding $100,000.

In an unrelated case, Karen Frazier worked for the Department of Finance as a data entry clerk, Commercial Adjudications Unit in Manhattan. According to prosecutors, parking summonses issued to commercial vehicles are adjudicated in the unit. It is alleged that Ms. Frazier would charge motorists half the penalty or fee on a ticket in exchange for resolving the case. It is further alleged that Ms. Frazier would fill out paperwork on settlement sheets as if she were the motorist and signed their signatures as if they were at a hearing and agreed to a reduction in a fine. These papers were then submitted as if they were legitimate and Ms. Frazier drafted personal checks to cover the remaining balance while pocketing cash. Prosecutors claim that the checks routinely bounced and in total Ms. Frazier drafted more than 100 checks that did not clear in the amount of nearly $24,000. Compounding matters, prosecutors allege that Ms. Frazier entered the false information into the computers system as well.

Make no mistake, District Attorney Vance, Jr. is asserting that big or small, don't betray the public trust or defraud the government. Regardless of the amount, you run a potential risk of felony prosecution. Mr. Portelli now faces charges of Grand Larceny in the Second Degree, punishable by up to fifteen years in prison, as well as Offering a False Instrument for Filing, punishable by four years in prison. His alleged partner, Mr. Azzopardi, faces fifteen years in prison as well for the crime of Grand Larceny in the Second Degree.

Ms. Frazier faces numerous felonies including Bribe Receiving in the Third Degree, Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree, and Tampering with Public Records in the First Degree. Each of these crimes are punishable by up to seven years in prison. Ms. Frazier is also charged with Receiving Reward for Official Misconduct in the Second Degree and Offering a False Instrument for Filing in the First Degree, both punishable by a sentence of up to four years in prison. Additionally, Ms. Frazier faces numerous counts of Issuing a Bad Check, "merely" a class B misdemeanor punishable by up to 90 days in jail.

For further information on the above listed crimes, please follow the highlighted links and search the New York criminal law blog at NewYorkCriminalLawyerBlog.Com or review the Crotty Saland LLP website for information on the various crimes found in the New York Penal Law, recent legal decisions and newsworthy cases.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal defense attorneys at Crotty Saland LLP represent clients in all white collar matters throughout the New York City region.

Follow Crotty Saland LLP on Twitter at DefenseLawyerNY.

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Posted On: April 27, 2010

Brooklyn DA Busts 32 Alleged Welfare Fraud Cheats: Nearly $1 Million in Fraud Alleged

According to the Brooklyn (Kings County) District Attorneys Office, 32 people have been arrested and indicted in connection to individual incidents of Welfare Fraud amounting to nearly $1 million. Although not part of a ring, these individuals face varying felonies including Welfare Fraud in the Second Degree (NY PL 158.20) and Third Degree (158.15), Grand Larceny in the Second Degree (NY PL 155.40) and Third Degree (155.25) as well as multiple counts of Offering a False Instrument for Filing in the First Degree (NY PL 175.35). Whether or not they are first time offenders, the crimes range from "E," "D," and "C" felonies punishable by up to 4, 7 and 15 years respectively.

According to the Brooklyn District Attorney's Office:

"The largest theft is charged to Liz Sobeida, 37, who collected $460,000 in Medicaid benefits for herself and her two children, between 2004 and 2009. Sobeida is charged with claiming to be a single mother on assistance applications, when in fact, her husband, with whom she lived, was employed as a technician at a Cadillac dealership – earning $70,000 in 2009 – and she worked at Brooks Brothers."

"Another defendant, Marlowe Gershenson, 35, is charged with collecting $63,000 in Medicaid benefits, over the course of six years, despite the fact that her husband, with whom she lives and owns property, owns a clothing wholesale manufacturing company – AV Denim – and a real estate business, MDK Leasing. At one point in 2007, her husband’s checking account had a balance of over $110,000, and on an automobile loan application – she owns a Bentley coupe and a Land Rover SUV – she claimed annual earnings of $500,000, according to the indictment."

"Ariel, 31, and Joyce Soudry, 28, are charged with stealing $59,000 in Medicaid benefits over five years, while their bank balance exceeded $2.2 million. The couple’s real estate companies own and manage rental properties and develop condominiums in Long Branch, NJ and in Brooklyn. They currently make payments on three luxury cars, including one Mercedes."

"Shawana Kennedy, AKA Shawana Wade, 33, is charged with stealing $55,000 in Medicaid and Food Stamp assistance during a five-year period. On applications she claimed to be a single mother, when in fact, she lives with her husband, the father of her children, who works for the city Sanitation Department."

For further information on the crime of Grand Larceny, please follow the link to the Crotty Saland LLP website with extensive information on this offense. Additional information can be found on the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

For further information on the crime of Offering a False Instrument for Filing, please follow the link to the New York Criminal Lawyer Blog article on that crime.

Crotty Saland LLP is a Manhattan based criminal defense firm representing clients throughout New York City and the region. Prior to starting the firm, both partners served under Robert Morgenthau in the Manhattan District Attorney's Office.

Follow us on Twitter at DefenseLawyerNY and check NewYorkCriminalLawyerBlog.Com regularly for articles on the NY Penal Law, newsworthy cases and legal decisions.

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Posted On: April 24, 2010

New York Penal Law 170.65: Forgery of a Vehicle Identification Number & Your Criminal Defense

New York Criminal defense attorneys from Manhattan and Brooklyn to Queens and Westchester County regularly represent individuals arrested or investigated for the crime of New York Forgery in its various shapes and sizes. When the Forgery in New York involves a "written instrument," the applicable crime, depending on a few factors, is either New York Penal Law 170.05, New York Penal Law 170.10 or New York Penal Law 170.15. The latter two offenses are felonies while the first offense is a misdemeanor. One particular offense relating to Forgery that is applicable to crimes involving cars and other vehicles is New York Penal Law 170.65, Forgery of a Vehicle Identification Number.

According to New York Penal Law 170.65, a person is guilty of Forgery of a Vehicle Identification Number when, among other potential factors:

(1) He knowingly destroys, changes, alters or even covers the form or appearance of a vehicle identification (VIN) number on any vehicle (car,truck. etc.) and anywhere on that automobile other than the tires.

(2) He gets rid of or removes the VIN unless authorized to do so.

(3) He affixes a VIN to a vehicle (barring it was done in accordance with a statute).

Forgery of a Vehicle Identification Number is a class E felony punishable by up to four years in state prison.

For those who are unaware, a VIN is a unique number assigned to a particular vehicle and can be found on parts of that automobile, car, truck, motorcycle, etc. For example, on the dashboard of a car by the driver's side there is a metal bar with a combination of numbers and letters. This is the VIN. If you scratch away a number or letter, change a particular number or letter or remove the VIN number, the crime of Forgery of a Vehicle Identification Number is likely perpetrated. Like any crime, however, there is a requisite mental state. Merely being in a vehicle with an altered VIN number does not automatically make you guilty of this offense. For example, as noted in subsection one (1) above, the person must knowingly act as stipulated. Obviously, the set of facts for each incident requires an analysis to ascertain not merely whether or not you are guilty of the offense charged, but also whether or not the prosecution has the ability and admissible evidence to prove their case beyond a reasonable doubt.

Crotty Saland LLP is a New York white collar and general criminal defense firm located in Manhattan. Prior to starting Crotty Saland LLP, the two founding partners served as prosecutors under Robert Morgenthau in the New York County District Attorney's Office.

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Posted On: April 20, 2010

Criminal Impersonation & Your Criminal Defense: New York Penal Law Sections 190.25 & 190.26

Before the dawn of identity theft laws, the crime of Criminal Impersonation, pursuant to New York Penal Law sections 190.25 and 190.26, was the weapon of the assistant district attorney to prosecute fraud crimes related to one's identification or persona in New York. This entry will address the crime of Criminal Impersonation in Second Degree (NY PL 190.25) and Criminal Impersonation in the First Degree (NY PL 190.26). A second entry will address legal decisions applicable to these laws.

Criminal Impersonation in the Second Degree - New York Penal Law 190.25

A person is guilty of Criminal Impersonation in the Second Degree when he:

(1) Impersonates another person. This impersonation must be accompanied by an intent to obtain a particular benefit or, in the alternative, to defraud another person. Although often charged as Theft of Services, pursuant to New York Penal Law 165.15, if one uses a metrocard, for example, of a student or senior citizen, the crime of NY PL 190.25 may be charged.

2. Again, with the intent to benefit or defraud another person, a person pretends to be a representative of a particular organization and acts in that capacity. The type and size of that organization does not matter.

3. (a) A person acts and pretends to be a public servant and, without authority, wears that particular uniform or shield, etc. of that public servant. In the alternative, that person, wrongfully expresses by action or words that he or she is the public servant or acting o their behalf; and (b) acts with intent to induce that person to submit to such pretended or false official authority for the purpose of obtaining funds or to cause the targeted person to act under the fraudulent authority or reliance on the fake public servant.

4. Impersonates another person online with the intent to defraud or obtain a benefit. In the alternative, that person pretends to be a public servant through electronic or online communication to induce that person to follow the authority of the fake public servant or to act in reliance on this pretense.

Criminal Impersonation in the Second Degree is a class A misdemeanor punishable by up to one year in jail.

Criminal Impersonation in the First Degree - New York Penal Law 190.26

A person is guilty of Criminal Impersonation in the First Degree when:

1. He or she acts similar to NY PL 190.25(3) except that the person pretends to be a police officer or a federal law enforcement officer or wears or displays without authority, any uniform, badge or other insignia; and

2. That person acts with the intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony; or

3. Pretending to be a licensed doctor, physician or other person authorized to issue a prescription, he or she communicates to a pharmacist an oral prescription which is required to be reduced to writing.

Criminal Impersonation in the First Degree is a class E felony punishable by up to four years in state prison.

For further information on the crimes of Criminal Impersonation, please read the second installment of this "primer." Not a direct transcription of the law, a reading of the actual statute and consultation with an experienced New York criminal defense lawyer is necessary to understand the nuances of the statutes as well as the potential criminal defenses that may be available to you.

Founded by former Manhattan prosecutors, Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region.

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Posted On: April 16, 2010

NY Penal Law Sections 250.45 & 250.50: Your Criminal Defense & Unlawful Surveillance in the Second Degree & First Degrees

That secret video recorder you installed capturing someone undressing in a hotel bedroom, the changing room or in your tenant's apartment may land you in serious trouble. While you may think it is funny to show your friends images of a person you filmed while you were intimate without that person knowing, it will be far from humorous when you find yourself charged with either Unlawful Surveillance in the Second Degree pursuant to New York Penal Law section 250.45 or Unlawful Surveillance in the First Degree pursuant to New York Penal Law 250.50.

Although a serious offense, there may be numerous defenses to the crimes of Unlawful Surveillance pursuant to New York Penal Law sections 250.45 and 250.50. For example, did the subject of the surveillance or video consent to the recordings and is there any corroboration of that? Obviously, making such an argument where the installation is in a fitting room, bathroom or other "personal space" may be difficult. That being said, was the search of the location or computer used in the alleged crime conducted with probable cause and with a search warrant? Do you have standing to challenge that search? Whatever the facts, discuss the them with your New York criminal defense attorney to ascertain and implement the best defense you deem appropriate. Having briefly glossed over the severity of the crime and potential defenses, the follow are the definitions involving Unlawful Surveillance in New York:

A person is guilty of Unlawful Surveillance in the Second Degree when:

1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or

2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or

3. (a) For no legitimate purpose, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel, hotel or inn, without such person's knowledge or consent.

(b) For the purposes of this subdivision, when a person uses or installs, or permits the utilization or installation of an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable presumption that such person did so for no legitimate purpose; or

4. Without the knowledge or consent of a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person.

Unlawful Surveillance in the Second Degree is a class E felony punishable by up to four years in state prison.

If you have perpetrated this offense in the previous ten years and you are again charged with this crime, you may face the crime of Unlawful Surveillance in the First Degree, New York Penal Law section 250.50, a "D" felony, punishable by up to seven years in state prison.

Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.

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Posted On: April 13, 2010

Unlicensed Practice of a Profession: Spa Owner Allegedly Performs Liposuction & Other Procedures Leaving Patient Near Death

According to Queens District Attorney Richard Brown, a spa owner, Barbara Nieto, is alleged to have performed liposuction suction to a patient's stomach and injected the fat into her buttocks for a $500 fee. Unfortunately, not only is Ms. Nieto allegedly not licensed to practice medicine or similar procedures at Perfect Image Stethics (located at 40-63 Junction Boulevard) or Bell Stetika Esthetics and Spa (located at 93-28A Corona Avenue), but it is further alleged that the patient nearly died due to her injuries.

Although often associated with individuals giving unlicensed massages or wrongfully practicing as an attorney, the practice of any profession without a license where one is required is not permissible under New York State Law. Ms. Nieto stands charged with Unauthorized Practice of a Profession, pursuant to Education Law section 6512, and faces up to four years in prison on that "E" felony. Additionally, Ms. Nieto is charged with multiple "D" felonies where she faces up to seven years in state prison if convicted. Those offenses are Reckless Endangerment in the First Degree, pursuant to New york Penal Law 120.25, and two separate counts of a Assault in the Second Degree, pursuant to New York Penal Law 120.05.

According to prosecutors, the patient knew things were going wrong when she began feeling intense pain and developed a fever. As a result, the patient went to a local hospital where she was diagnosed with bilateral buttock abscesses and underwent surgery.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland LLP represents the accused throughout the New York City region. For further information on new york criminal statutes, newsworthy cases and recent legal decisions impacting New York, please review the new york criminal law blog at NewYorkCriminalLawyerBlog.Com


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Posted On: April 12, 2010

New York Vehicle and Traffic Law (VTL) Section 511: Aggravated Unlicensed Operation of a Vehcile - Definition & Your NY Criminal Defense

A common offense handled by New York criminal defense attorneys, Vehicle and Traffic Law section 511 ("VTL 511") is a crime in New York where a person operates a motor vehicle while his or her right to do so is suspended. Although there are varying degrees from misdemeanor to felony, one of the most common of these crimes is Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree pursuant to Vehicle and Traffic Law section 511(1)(a) ("VTL 511(1)(a)). New York Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree is defined in general terms as follows:

One is guilty of the of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree when one is operating a motor vehicle (car, truck, etc.) on a public highway (just about any public road, street, etc.). At the same time, one must know or have a reason to know one's privilege, right or license in New York is suspended, revoked or otherwise withdrawn.

Do not be mistaken, VTL 511(1)(a) is a misdemeanor crime that will give you a criminal record if you are convicted at trial or plea to this offense.

Armed with this general understanding of the law, other than negotiating a deal for a violation of VTL 509, challenging the probable cause that resulted in your vehicle being stopped or attempting to beat the case on procedural grounds, where might your best criminal defense to this charge in New York be? Well, a decision by a New York County (Manhattan) Criminal Court Judge may have added to the body of law that sets forth an alternative defense.

Continue reading for the case and the decision.

Continue reading " New York Vehicle and Traffic Law (VTL) Section 511: Aggravated Unlicensed Operation of a Vehcile - Definition & Your NY Criminal Defense " »

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Posted On: April 9, 2010

White Plains Mayor Adam Bradley Arrested Again for Domestic Violence: Allegedly Tells Wife to Hang Herself

The political nightmare and familial anguish that has enveloped White Plains (Westchester County) Mayor Adam Bradley was magnified exponentially yesterday when he was arrested and arraigned on new charges of alleged domestic violence against his wife Fumiko. According to the court complaint against Mayor Bradley, the former Assemblyman is charged with three offenses including two misdemeanors of Contempt in the Second Degree and Tampering with a Witness in the Fourth Degree.

Although his wife had previously indicated that she would not cooperate with the police or Westchester County District Attorney's Office, it appears that the alleged abuse pushed Ms. Bradley too far. According to the complaint, Mayor Bradley accused his wife on multiple occasions as either being crazy, a lier or the abuser in the relationship. Moreover, it is alleged that Mayor Bradley went as far as telling his wife she should kill herself by hanging.

Time will tell what the outcome of Mayor Bradley's criminal cases will be, but one thing is for sure. Mayor Bradley stands to lose his liberty, family and career.

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Posted On: April 7, 2010

New York Tax Cheats Watch Out! New York Prosecutors Cracking Down on Criminal Tax Fraud

Yet again, Manhattan prosecutors have come after another individual and his company for allegedly defrauding New York out of tax revenues. According to a press release by the Manhattan District Attorney's Office, Abdur Rashid Salaam and his companies, Safe & Secured Protective Services, Inc. and T.S.I. Special Services, Inc., have been indicted by a New York County Grand Jury for the crimes of Grand Larceny and Criminal Tax Fraud punishable by up to 25 years in state prison. It is alleged that Since 2003, "Salaam orchestrated the unlawful withholding of more than $1.2 million in collected sales taxes from New York State. More than $800,000 was stolen in the form of sales tax collected and kept by T.S.I. Special Services, Inc., and more than an additional $450,000 was stolen in the form of sales taxes collected and kept by Safe & Secured Protective Services, Inc."

This arrest and indictment is one of many recently prosecuted by the Manhattan District Attorney's Office including four separate restaurant owners who have either been indicted or have pleaded guilty in connection to alleged Grand Larceny and Criminal Tax Fraud in excess of $1.1 million dollars. Although some of these individuals and their companies are alleged by prosecutors to have stolen hundreds of thousands or millions of dollars, prosecutors are not merely going after fraud in the "six figure" amount or greater. If anything, these investigations are a sign of things to come and a furtherance of former District Attorney Robert Morgenthau's dedication to prosecuting crimes in the streets as well as New York white collar crime in the "suites."

For further information on the degrees and levels of New York Grand Larceny crimes as well as Criminal Tax Fraud, please review the respective links.

Crotty Saland LLP has successfully represented individuals in Criminal Tax Fraud and Grand Larceny cases ranging from the tens of thousands of dollars to the multiple millions of dollars. While our past success and results is no guarantee of future results, the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland LLP are dedicated to working through every criminal case to put our clients in the best possible position to protect their rights, liberty and future.

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Posted On: April 6, 2010

New York Penal Law 230.04: Patronizing a Prostitute and Your NY Criminal Defense

Ask anyone who has been accused of committing a crime. The mere accusation, even if he or she is vindicated later, is a humiliating experience. When one is accused of soliciting a prostitute, technically a violation New York Penal Law section 230.04, Patronizing a Prostitute in the Third Degree, this embarrassment is magnified exponentially. Make no mistake, an arrest for any offense requires a NY criminal defense attorney's direct attention. However, those in our communities may be more judgmental if they learn a neighbor is accused of Patronizing a Prostitute than if that same neighbor is accused of a more serious "white collar" crime. "Only" an "A" misdemeanor punishable by up to one year in jail, Patronizing a Prostitute in the Third Degree, pursuant to New York Penal Law 230.04 is defined as follows:

A person is guilty of Patronizing a Prostitute in the Third Degree when he or she patronizes a prostitute.

The crime of Patronizing a Prostitute has underlying definitions as well. As set forth in New York Penal Law section 230.02, A person patronizes a prostitute when:

(1)(a) you pay a fee to another person to engage in sexual conduct; or

(1)(b) you pay or agree to pay another person for that person or a third person to engage in sexual conduct with you; or

(1)(c) you solicit or request another person to engage in sexual conduct with you in return for a fee.

(2) As used in this article, “person who is patronized” means the person with whom the defendant engaged in sexual conduct or was to have engaged in sexual conduct pursuant to the understanding, or the person who was solicited or requested by the defendant to engage in sexual conduct.

Although I will not address all of the case law and underlying definitions associated with Patronizing a Prostitute in this entry, I have drafted previous entries discussing what courts deem "sexual conduct" and other relevant information. For further information on the crimes associated with prostitution and escort services in New York, please review the Escort & Prostitution section of the NewYorkCriminalLawyerBlog.Com and the CrottySaland.Com website.

Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region. Founded by two former Manhattan prosecutors, Crotty Saland LLP is located approximately one block from 100 Centre Street in downtown New York.

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Posted On: April 2, 2010

Crimes for "Petty Theft" & Shoplifting in New York: Petit Larceny (NY Penal Law 155.25) & Criminal Possession of Stolen Property in the Fifth Degree (NY Penal Law 165.40)

You were either arrested and put through the arrest process or you were issued a Desk Appearance Ticket (DAT) for shoplifting (New York Penal Law 155.25 or 165.40) after store security stopped you with a pair of jeans hidden away in your bag at Macey's or some makeup buried in your pocket at Bloomingdales. Although you have never been in trouble before, you now face the grim reality that you need to consult with a criminal defense attorney regarding your shoplifting arrest or Desk Appearance Ticket (DAT) and the ramifications of the associated misdemeanor crimes.

Regardless of what you are alleged to have shoplifted (clothing, electronics, makeup, jewelry, etc.), the crimes you now face are misdemeanor offenses in New York as long as the value of the property stolen does not exceed $1000 (with some exceptions). That is right....whether the property was a $750 watch or a $5 pair of socks, the misdemeanor crimes of Petit Larceny (NY PL 155.25) or Criminal Possession of Stolen Property in the 5th Degree (NY PL 165.40) are the two charges you will be facing and addressing with your New York criminal defense lawyer. Make no mistake. The "shoplifting misdemeanors" are punishable by up to one year in jail and are just as serious under the law as misdemeanor Assault, Criminal Mischief and even Forgery.

According to New York Penal Law Section 155.25, a person is guilty of Petit Larceny when he steals property.

According to New York Penal Law Section 165.04, a person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impeded the recovery of an owner thereof.

Both of the above-mentioned crimes are misdemeanors punishable by up to one year in jail. Although jail in New York City is rarely associated with these crimes for first time offenders, the bigger issue is avoiding the criminal record at all. In Manhattan, for example, a common disposition is a 240.40 Disorderly Conduct if the theft is nominal, the accused has no record, the property was recovered, no resisting or violence was involved and there are other mitigating factors. While not a crime and "only" a violation, a college student, professional in any capacity or anyone who needs certification would want to consult with a criminal defense attorney about whether or not he or she should accept such a disposition assuming it is offered. A very real concern with this violation of the penal law as a plea bargain is that while it technically seals, Disorderly Conducts have been known to "pop" on a background check. Therefore, a future employer or anyone conducting a background check may find out years down the road that you were arrested and charged with a theft crime. Whether that means you are working on your masters degree to become a teacher, you are employed in finance or you not sure what job / career you will have five years from now, you do not want a Disorderly Conduct impacting your future. When this arrest is uncovered the record will not reflect that you were "merely" arrested or issued a Desk Appearance Ticket (DAT) for stealing a $10 bracelet, but that you were charged with Petit Larceny which, as noted above, can be a theft of any property $1000 or less.

Ultimately, if you are charged with Petit Larceny or Criminal Possession of Stolen Property due to a shoplifting arrest or Desk Appearance Ticket (DAT) in Manhattan, Brooklyn or anywhere else in New York City, consult with an experienced New York criminal defense attorney about whether you should accept a Disorderly Conduct if it is offered. Although each case must be assessed individually, it may be worth your time and effort fight the case to exonerate yourself completely or, in the alternative, seek to obtain an adjournment in contemplation of dismissal (ACD) whereby the case will be dismissed and sealed six months later.

For more information on Desk Appearance Ticket (DAT) go to NewYorkDAT.Com.

For further information on shoplifting go to NYShopliftingLawyers.Com and search the blog for related materials.

Founded by two former Manhattan prosecutors who served under Robert Morgenthau, Crotty Saland, LLP is a Manhattan based criminal defense firm representing clients throughout New York City and the region.

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