Author Archives: Site Administrator
New Report Highlights Dangers Faced by New York Construction Workers
Anyone watching the news in New York is aware that construction fatalities have been on the rise across the state. While construction work inevitably involves a certain amount of risk to workers, these risks can become dangerously high when contractors or property owners ignore the laws mandating protections of worker safety in order to… Read More »
The Timing of an Exclusion Offense is Critical to Your Motion for Resentencing
Persons who were convicted of a class B felony drug offense before 2005 and were given an indeterminate sentence may apply to be resentenced to a lesser determinate sentence, provided they meet the eligibility criteria for resentencing under New York Criminal Procedure Law 440.46. One factor that can render a person ineligible is conviction… Read More »
Drug Conviction Thrown Out Due to Illegal Stop
The New York State Appellate Division has recently concluded that a man’s conviction for drug-related offenses should be thrown out, based on the fact that police did not have a legal right to stop the man and search him in the first place. The case shows the immeasurable value of hiring an attorney, who… Read More »
Shock Program Inmates Eligible for Conditional Sealing of Criminal Record
Shock incarceration is a program available to certain inmates who can obtain conditional release after completing a six-month intensive program of physical activity, discipline and therapy. In 2012, the Supreme Court, New York County, held that the Shock Program qualifies for conditional sealing of a criminal record under New York Criminal Procedure Law section… Read More »
Carefully Consider the Terms of Participation in Diversion
The New York Judicial Diversion Program (JDP) offers a chance for a person charged with a drug-related criminal offense to avoid incarceration by agreeing to enter treatment and submit to other conditions. While diversion is an excellent outcome for many persons who are otherwise facing serious jail time, it should not be accepted lightly,… Read More »
Lane-Drift Accidents Often Due to Incapacity and Distraction
Drivers and law enforcement officers alike know that seeing a driver weave in and out of their lane is generally a sign of trouble. Recently, a safety research group published a study enumerating the most common causes of so-called lane-drift accidents, including a look at whether or not lane-departure warning systems in new cars… Read More »
Construction Accident Injures Three, One Fatally
An accident which occurred on a Rochester construction site has caused fatal injuries to one man and left two others injured. The accident is an example of the sorts of tragedies which New York’s Scaffold Law is intended to prevent. The team of construction workers had been assigned to a home in northeast Rochester…. Read More »
Speeding in Construction Zones Can Have Deadly Consequences
Construction zones can involve a great many dangers to drivers, making it important to observe posted reduced speed limits in those areas. These reduced speed limits are intended to protect drivers from the unavoidable hazards of roads that are under construction, as well as protect the workers on those job sites. An accident which… Read More »
Manhattan District Attorney Pursues Criminal Charges in Response to Death of Worker
The rate of construction site accidents in New York has soared in recent years, most troublingly including accidents resulting in a fatality. While construction has been booming in New York throughout this time, injury rates have increased at a much faster pace. The Manhattan District Attorney’s Office has begun to take action against negligent… Read More »
Serious Six-Vehicle Accident Takes One Life, Injures Others
A massive six-vehicle pileup near the site of some bridge work on Interstate 84 resulted in one death, numerous injuries, and hours of gridlock traffic for commuters. The crash occurred at Exit 5 in Montgomery, near the construction project on Beaver Dam Road. The crash occurred on a portion of westbound Interstate 84 limited… Read More »