New York Criminal Defense Attorney Blog

Donte Stallworth, the Cleveland Browns star wide receiver, began serving a 30 day jail term this week in Miami, Florida after his guilty plea to DWI manslaughter in connection with the death of 59 year old construction worker Mario Reyes. On March 14, 2009, after a night of drinking at Miami's Fountainebleau Hotel, Stallworth drove his 2005 Bentley while intoxicated, striking Mr. Reyes, who had just finished his shift as a crane operator and was attempting to catch a bus near the hotel. Stallworth stopped his vehicle after the crash and admitted to officers that he had struck Mr. Reyes. Stallworth's blood alcohol content (BAC) was determined to be .126, well in excess of Florida's .08 limit.

After his release from jail, Stallworth must complete two years of house arrest, (which will allow him to continue his NFL career) and be on probation for eight years. In addition to the 30 day jail sentence, Stallworth must undergo drug and alcohol testing, will have a lifetime suspension of his driver's license, and must perform 1,000 hours of community service. Had Stallworth gone to trial on the charges and lost, he faced up to 15 years in jail. Apparently, after five years, Mr. Stallworth may have an opportunity to obtain a conditional license to drive to and from work if he successfully complies with all conditions of his sentence and has no other charges. Reportedly, Mr. Stallworth has also worked out a financial settlement with the Reyes family.

Contact the Criminal Defense lawyers at the White Plains, New York Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation if you or a loved one has been charged with a crime in New York

Zacaria Conses-Garcia, the Southeast man who was behind the wheel of a Ford F350 pickup that killed a mother and daughter in Brewster on June 8th, has been charged with first degree vehicular manslaughter, a felony, and driving while intoxicated, a misdemeanor. Conses-Garcia allegedly drove the vehicle with a BAC (blood alcohol content) of 0.15 percent, well in excess of the legal limit of 0.08 percent, when he struck Lori Donohue, 37, and her eight year old daughter Kayla, as they were leaving the Seven Stars School of Performing Arts on Rt. 6 in Brewster at 6:30 PM on June 8th. Conses-Garcia does not have a license and is in the United States illegally, according to authorities.

The Ford truck is owned by Valerie Ann Renihan, a northern Westchester horse trainer, who has claimed through her attorney that Mr. Conses-Garcia stole the keys and did not have permission to drive the vehicle. However, the lawyer did acknowledge that Mr. Conses-Garcia, who listed his occupation on a bail form as "horse farm", had done work for Ms. Renihan in the past.

This case has stirred debate over the twin problems of illegal immigration and unlicensed operation of a motor vehicle, especially in light of calls over the last several years to provide a path to citizenship for those who are here illegally and must operate a vehicle to go to work. Prior to his fall from grace, Governor Elliot Spitzer had offered a proposal for various types of licenses in New York State, which recognized the fact that many undocumented workers are driving vehicles and should be properly trained to do so. However, those proposals died out when Spitzer was forced to resign early last year.

Representatives of Mothers Against Drunk Driving (MADD) contend that the issue is not undocumented laborers operating motor vehicles, but rather the need for stricter enforcement and penalties for New York DWI's in that this tragedy could just have easily been caused by a United States citizen or legal resident as an undocumented worker.

Mr. Conses-Garcia is being held without bail at the Putnam County jail. He will be represented by Putnam County Legal Aid, according to chief attorney Patrick Brophy. The federal Immigration and Customs Enforcement has filed a detainer against Conses-Garcia, and in all likelihood, he will face removal proceedings at the completion of any criminal sentence against him if he is convicted, or immediately if the charges are not proven.

Continue reading "Putnam County Manslaughter Charge In Brewster DWI Crash" »

Michael Palmieri, an orthopedic surgeon with offices in New Rochelle and the Bronx, was indicted last week on charges that he assisted a former Sing Sing correctional officer defraud the Workers' Compensation Board out of $40,000. The charges are 3rd degree grand larceny, which is defined as stealing property with a value of more than $3,000, and Fraudulent practice under the Worker's Compensation Law. The New York grand larceny charge is a felony with a maximum sentence of up to 7 years in prison.

Palmieri is accused of helping former state correction officer Leo Coletti file false injury claims of over $40,000 to the State Insurance Fund between 2004 and 2006. Specifically, it is alleged that Dr. Palmieri prepared and filed false medical reports which claimed that Coletti was unable to work subsequent to September of 2000, when Coletti became Palmieri's patient. However, according to prosecutors, Coletti in actuality had a thriving general contracting and home renovation business during this time, and was renovating Palmieri's office and home while collecting Workers Compensation benefits.

Mr. Coletti pled guilty to grand larceny and tax fraud in 2006, and was sentenced to five years probation and ordered to pay back taxes and reimburse the Workers' Compensation Board. Prosecutors alleged that Coletti collected more than $110,000 in benefits and compensation while earning close to a million dollars in his home improvement business during the same period. It is unclear why it took three years after Coletti's guilty plea to charge Dr. Palmieri.

Dr. Palmieri was released without bail and is due back in Court on June 26, 2009.

Continue reading "New Rochelle Doctor Charged With Larceny" »

A 15 year old student at Hendrick Hudson High School has been charged with raping a schoolmate earlier this year at the school in Montrose, New York. The New York first degree rape charge is a Class B felony under the New York Penal Law punishable by a sentence of up to 25 years in prison. State police arrested the unidentified teen on May 18 and indicated that the decision whether he would be prosecuted as an adult will be determined by the Westchester District Attorney's Office.

The girl reported the rape to her guidance counselor early last month, and school officials contacted police. The victim stated that she had been fondled and then raped in a school bathroom. There is no indication that the teen had a criminal record, but this is still under investigation.

The alleged assailant was held at the Woodfield Cottage Juvenile Detention Center in Valhalla until May 29, 2009, when he was released on $50,000 bond. The case is presently being prosecuted in criminal court, but as the suspect may be charged as a juvenile offender, it may be transferred to the Westchester Family Court.

Continue reading "Hendrick Hudson H.S. Student Charged With Rape" »

A Westchester County grand jury has indicted Thomas Chadeayne, of Cortlandt, on a charge of criminally negligent homicide in the death of 11 year old Michael Cody last August. The indictment arises out of an tragic accident which occurred on the Saw Mill River Parkway on July 30, 2008. Mr. Chadeayne was allegedly driving southbound on the Saw Mill when he attempted to make an an illegal U-turn onto the northbound lanes of the parkway near the county police headquarters in Hawthorne. Chadeayne's vehicle was rear ended by another driver, and pushed into the northbound lanes, where it struck a vehicle being operated by Michael Cody's uncle, John Predham, who was driving back home after the family had attended a Yankees game.

Micheal Cody suffered a serious head injury in this New York fatal motor vehicle accident, and died 6 days later from complications of the injury on August 5, 2008. Two other family members in the Predham vehicle were not seriously injured.

Mr. Chadeayne was arraigned on April 23rd, pled not guilty, and released on $10,000 bail. The indictment was issued after a several month investigation by the Westchester County Police and the District Attorney's Office. According to his attorney, Mr. Chadeayne has no criminal record and is the married father of two handicapped children.

Continue reading "NY Homicide Charge For Cortlandt Driver in Boy's Death" »

New York State Senator Hiram Monserrate is facing New York felony assault charges after a Queens County grand jury indictment on March 23, 2009. The indictment charges that on December 19 of last year, Mr. Monserrate assaulted his girlfriend Karla Girardo with a drinking glass, causing a gash that required 20 stitches to close.

Both Monserrate and Girardo have denied the charges, claiming that the incident occurred when Mr. Monserrate fell while bringing Girardo a glass of water. Monserrate alleges that the charges of New York assault are politically motivated due to a "vendetta" that Queens District Attorney Richard Brown has against him. The A.D.A. prosecuting the case pointed to a video showing Ms. Girardo coming out of an apartment with a towel to her face and Monserrate yanking her away as she tries to hold onto a banister as proof that the injury was not an accident. Further, prosecutors stated that Ms. Girardo told hospital personnel that Monserrate had struck her with a broken glass. If convicted on the felony assault charges, Mr. Monserrate faces up to seven years in prison.

Contact the White Plains criminal defense lawyers at The Law Office of Mark A. Siesel online or toll free at 888-761-7633 if you or a loved one have been charged with a crime for a free consultation with an experienced, knowledgeable lawyer to discuss your legal rights and options.

Former New York police detectives Stephen Caracappa and Louis Eppolito were sentenced to life in prison this month for their involvement in eight mob executions as employees of the Luchese crime family. Eppolito was sentenced to life in prison for the New York conspiracy, in addition to 100 years for offenses including money laundering, and he was fined $4.7 million. Caracappa was handed a life sentence plus 80 years, and must pay a fine of $4.2 million.

The two ex-cops were partners in New York City and were on the job for a combined 44 years. They were found guilty of secretly being on the payroll of Luchese underboss Anthony "Gaspipe" Casso beginning in the 1980's, and would use their police credentials to make traffic stops that resulted in the murder of the driver. Apparently, the two former detectives also kidnapped a man suspected in a mob hit against Mr. Casso and delivered the man to Mr. Casso, who has been accused in 36 killings. Their murderous scheme came to an abrupt end in 2005, when Caracappa and Eppolito were arrested in a drug sting in Las Vegas, where they had both retired.

At the sentencing, both men continued to deny their guilt, and Eppolito probably did not engender any good will with legendary U.S. District Court Judge Weinstein when he claimed: "I was a hard working cop...I never hurt anybody...I never kidnapped anybody...I never did any of this." A son of one of the eight murder victims stated to Caracappa and Eppolito: May you have a long life in prison."

Continue reading "Ex-Cops Get Life In Prison For Mob Hits" »

Scott Siegel, who ironically portrayed a steroids dealer in the Oscar nominated movie "The Wrestler", is facing federal drug charges in New York after leading federal and local authorities in a wild chase in his Cadillac Escalade through Eastchester this past Wednesday evening. Mr. Siegel allegedly rammed police cruisers, crashed through a wood fence and ran through the streets of Eastchester in an effort to avoid capture by DEA agents, who contacted local police to assist in the apprehension of Siegel. It is also alleged that Siegel managed to shake off a Westchester Task Force agent who had grabbed on to the passenger door, and drove straight at an other officer in an attempt to run the officer down.

Mr. Siegel is being charged with distribution of steroids, and assaulting a federal officer, both of which are felonies under state and federal law. Federal agents claimed that they recovered 1,500 bottles of steroids and $150,000 in cash at Siegel's parents' home in New Rochelle.

Based on two prior convictions for illegal drugs, as well as his attempt at flight, Siegel was denied bail by U.S. Magistrate Judge George Yanthis on February 19th, and was returned to the Westchester County jail.

Continue reading "'Wrestler" Actor Faces Federal Drug Charges In New York" »

According to an online article on MSN.com from January 1, 2009, state and local governments are making a concerted effort to raise money by stricter enforcement of the traffic laws. The article refers to an additional motivation for the more vigorous enforcement: namely, car insurance companies pushing for this in order to increase premiums when drivers are convicted of traffic offenses.

200 additional traffic enforcement agents are being hired in New York City to step up enforcement of many traffic violations, and particularly, tickets for blocking intersections will increase substantially. This past year, I have observed that many of our New York traffic ticket clients are getting multiple tickets in one traffic stop, on many occasions approaching 11 points, which results in a suspension of their driver's license.

The article also contained a MSN video advising that you should fight your traffic tickets in Court rather than paying them.

Continue reading "New York Traffic Violations--Enforcement On The Increase" »

On December 21, 2008, star guard Jason Richardson of the Phoenix Suns was charged with DWI in downtown Phoenix. Richardson was arrested after he was allegedly observed drifting between lanes in his 2008 Mercedes. He is accused of having a BAC (blood alcohol content) in excess of .08. In New York, Mr. Richardson would be facing potential revocation of his driver's license for 6 months and fines in the range of $750-$1,000 if convicted on a DWI charge. However, on a first drunk driving offense in New York, and if no one was injured and there was no property damage, Mr. Richardson would be eligible for a DWAI (driving while ability impaired). A DWAI is a traffic violation, not a misdemeanor, and results in a 90 day suspension of the driver's license instead of a 6 month revocation, and significantly reduced fines of approximately $500 including surcharges.

Former NBA star Antoine Walker was charged with suspicion of drunk driving in Miami Beach in the early morning on January 5, 2009. Walker was allegedly driving a black Mercedes without headlights on when he was pulled over by local police. Officers detected a strong odor of alcohol, and Mr. Walker refused a chemical test of his breath. He was being held on $1,000 bond. If the refusal occurred in New York, there is a potential penalty of a one year revocation of his driver's license, and there is a separate administrative license hearing regarding the refusal which is conducted within ten days of the arrest at the Department of Motor Vehicles.

Continue reading "Former and Current NBA Stars Charged with Drunk Driving" »

Westchester County has enacted Local Law 12, 2008, which makes it illegal to compose, read, or send text messages while operating any type of motor vehicle, including automobiles, trucks, vans, and construction vehicles. The law will take effect on March 10, 2009. This is certainly welcome news to those of us (this writer included) who have had to swerve their car out of the path of a wayward driver who appears to be either texting someone or checking his or her messages or e-mails.

The New York State Assembly has been considering legislation banning drivers from sending or reading text messages after a tragic June, 2007 accident in which five teenage girls were killed in a head on collision with a tractor-trailer in Rochester, New York. The investigation of the accident established that text messages were sent and received from the 17 year old driver's cell phone just seconds before the fatal accident in New York.

Westchester Local Law 12 is entitled "Use of Wireless Handsets to Compose, Read or Send Text Messages While Operating a Motor Vehicle" and states as follows:

No person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public street or public highway within the County of Westchester. Cell phones, personal digital assistants (PDA's), and other portable electronic or computing devices capable of transmitting data in the form of a text message are considered "wireless handsets." A violation of the law is punishable by a fine not exceeding $150.00 for each violation. Exempt from the law are law enforcement officers, EMT's, fire safety officials in the course of their duties, and people who are contacting police, EMT's or fire safety officers, or persons using a wireless handset in a vehicle which is stopped or parked, and is removed from the flow of traffic.

If New York joins New Jersey, California and Washington State in enacting a statewide ban on texting while driving, the Westchester law will become null and void.

Continue reading "Westchester County Bans Texting While Driving" »

Lillo Brancato Jr., the 32 year old actor known for his roles in the movie "A Bronx Tale" and in the T.V. series the "Sopranos", was found not guilty of a Bronx County second degree murder charge and weapons possession on December 22, 2008. Brancato was accused of felony murder in the December 10, 2005 fatal shooting of off duty police officer Daniel Enchautegui, who confronted Brancato and his friend Steve Armento as they were breaking in to the apartment of an alleged friend of Brancato's to get drugs.

Officer Enchautegui, sleeping next door, was awakened by the breaking glass, and confronted Armento and Brancato. In the ensuing shootout, Armento shot Officer Enchautegui in the chest with a .357 caliber handgun, killing him. Armento was convicted of the first degree murder of Officer Enchautegui in a separate trial, and was sentenced earlier this month to life in prison without parole.

Brancato was convicted of attempted burglary, which is a Class C felony under the Penal Law of New York State, and carries a minimum sentence of 3 years. However, Brancato has been incarcerated since the shooting three years ago, and may get credit for time served. He is due in Court for sentencing by Judge Martin Marcus on January 9, 2009.

Continue reading "Brancato Found Not Guilty In Bronx County Murder Trial" »