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General

NY Court Finds Loose Affilitiation of CyberCriminals to be “Enterprise” Under Organized Crime Act

When you think of the phrase “criminal enterprise,”  certain images immediately pop in your head. Vito Corleone, Scarface, Joe Pesci.  But NY courts have long expanded the term “criminal enterprise” to include any band of criminals working within “an ascertainable  structure.” NY Penal Law §460.10(3) defines criminal enterprise as “a group of persons sharing a […]

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General

Supremes Disappoint With Latest Case on Confrontation

Yesterday the US Supreme Court  issued a ruling that severely weakened an important right contained in the Constitution.  The Sixth Amendment contains The Confrontation Clause: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”  While much of the Constitution is derived from English law this basic right […]

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Litigation

Improving Nassau County’s Arraignment Practices

Awhile ago I wrote an article for “The Attorney” Magazine about the inequities of the arraignment process in Nassau County.  The article resulted in the re-construction and re-alignment of the courtroom where arraignments are held with the moving of the District Attorney’s desk from the front of the courtroom at the right hand of the […]

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General

Why Prosecutors Rarely Lose

Here’s a dirty little secret from the courtroom that will probably upset my friends in the criminal defense bar  – prosecutors rarely lose.  Area DA’s offices all boast conviction rates well above 90%. So why is it? It can’t be that they employ better lawyers, after all most of the assistant district attorneys are barely […]