Claimed Lawyer ProfileQ&A
- Criminal Law
- Domestic Violence
- DUI & DWI
- Personal Injury
- Traffic Tickets
- White Collar Crime
Additional Practice Area
- All Criminal Defense, Traffic Violation, and Personal Injury Related Matters
- Free Consultation
- Contingent Fees
Contingent Fees on Personal Injury matters.
Jurisdictions Admitted to Practice
- New York
- English: Spoken, Written
- Touro College Jacob D. Fuchsberg Law Center
- New York State Bar # 2858561
- - Current
- The Practice and Business of Law, LIU POST
- Speaking engagement before undergraduate students in regard to the practice of law as well as the business of law.
Websites & Blogs
37 Questions Answered
- Q. What charge is penal code 165.00
- A: 165.00 Misapplication of property. 1. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time, (a) he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss; or (b) he intentionally refuses to return personal property valued in excess of one hundred dollars to the owner pursuant to the terms of the rental agreement provided that the owner shall have made a written demand for the return of such personal property in person or by certified mail at an address indicated in the rental agreement and he intentionally refuses to return such personal property for a period of thirty days after such demand has been received or should reasonably have been received by him. Such written demand shall state: (i) the date and time at which the personal property was to have been returned under the rental agreement; (ii) that the owner does not consent to the continued withholding or retaining of such personal property and demands its return; and (iii) that the continued withholding or retaining of the property may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment. (c) as used in paragraph (b) of this subdivision and in subdivision three of this section, the terms owner, personal property, and rental agreement shall be defined as in subdivision one of section three hundred ninety-nine-w of the general business law. 2. In any prosecution under paragraph (a) of subdivision one of this section, it is a defense that, at the time the prosecution was commenced, (a) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (b) the owner had suffered no material economic loss as a result of the unlawful disposition. 3. In any prosecution under paragraph (b) of subdivision one of this section, it is a defense that at the time the prosecution was commenced, (a) the owner had recovered possession of the personal property and suffered no material economic loss as a result of the unlawful retention; or (b) the defendant is unable to return such personal property because it has been accidentally destroyed or stolen; or (c) the owner failed to comply with the provisions of section three hundred ninety-nine-w of the general business law. Misapplication of property is a class A misdemeanor.
- Q. I need a lawyer to represent my son in new York
- A: Where in NY are you looking for representation and for what? It's a big state.
- Q. Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen
- A: Where did this happen (what County)? It is a Class A Misdemeanor (crime) punishable by up to 1 year in jail. Consult with an experienced criminal defense attorney for proper representation.
- Q. Can a police officer ticket me if he did not see me driving but was told by another officer that I was ?
- A: The officer that saw the alleged traffic infraction would have to sign a supporting deposition saying so. If there was a trial, the officer who witnessed the infraction would have to testify. If the government just brought in the cop that wrote the ticket, but did not observe the violation, his testimony would be heresay.
- Q. What if a detective denied me a lawyer? could my case be thrown out? criminal possession of a controlled substance
- A: If you do not already have an attorney representing you, consult with one immediately. If you do, speak to them about these issues. Your version of the events and the police version I am sure are going to be completely different, but that's what suppression hearing are for.
- Q. Driving without license and inspection tickets from 2 years ago. Never went to court. Will I get in trouble if I go now?
- A: You should consult with an attorney in regard to this matter for proper representation. And, do NOT drive at all until this matter is resolved.
- Q. How can l get an application for a certificate for good conduct. To be honest l don't know the correct terms.
- A: Depending on what the felony convictions was for and any other past criminal history, you may be eligible to seal that conviction pursuant to CPL Section 160.59. You should consult with an experienced criminal defense attorney in regard to this matter.
- Q. How would I view records of a drug case from the early 90's that was settled in Albany District Court?
- A: You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.
- Q. Does a 22 year old felony conviction show up on an employment background check?
- A: If the Felony conviction was in NY, the answer is YES. There is a way to seal that conviction (depending on what is was) if you meet certain requirements. See NYS CPL Section 160.59 or contact an attorney to see if that can be accomplished.
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