New York Criminal Defense Attorney Blog

Almost two years to the day of the wrong way fatal accident on the Taconic Parkway that killed 8, on July 24, 2011, Tanisha Gomez, a 26 year old resident of East Stroudsburg, PA drove northbound in the southbound lanes of I-95. Ms. Gomez' 2011 Chevrolet HHR minivan struck a 2005 Nissan approximately one half mile south of the New Rochelle toll plaza. The accident killed the passenger in the Nissan, Reginald Lee of East Orange , NJ, and the driver, Mark Toppin suffered a broken leg, among other injuries. Ms. Gomez is being charged with second degree manslaughter, which is punishable by up to 15 years in prison and a maximum of a $5,000 fine under the New York State Penal Law.

Mr. Toppin was taken to Jacobi Hospital and listed in fair condition on Monday. Blood samples have not yet been disclosed as to whether Ms. Gomez was intoxicated at the time of the accident. It appears that the accident occurred within 2 minutes of notification to state police of the wrong way driver.

Sunday's crash was almost exactly two years after the now well documented accident involving Diane Schuler, who on July 26, 2009, drove southbound in the northbound lanes of the Taconic, colliding head on with a car heading northbound in the left lane, and killing Ms. Schuler, her 2 year old daughter, her three nieces ages 5,7 and 8, and the three men in the other vehicle. The only survivor of the crash was Ms. Schuler's 5 year old son Brian.

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Earlier this month, Governor Cuomo signed into law a much tougher ban on texting while driving, effective immediately. Previously, texting while driving was a secondary offense, meaning that a motorist would have to be pulled over for another infraction such as speeding or following too closely in order to be charged with texting while driving. Under the new statute, texting while driving is a primary violation, and the officer can issue a ticket without any other traffic infraction committed.

Penalties for texting while driving have been significantly strengthened as well, as a violator of the law will receive 3 points on his or her license. Fines with surcharges could reach as high as $230.00. According to the National Highway Traffic Safety Administration, 16% of fatal car crashes in 2009 across the United States were due to distracted driving. Governor Cuomo was quoted as saying: The message today is those electronic devices and driving do not mix. Period."

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New York Assemblyman David Weprin has proposed a law banning smoking with children in the car. The bill stalled in the New York State Assembly last year, but will be reconsidered this August. The statute is designed to protect children from the dangers of secondhand smoke. If the law passes, New York would join Arkansas, California, Louisiana and Maine as the fifth state to ban smoking with children in the vehicle.

The law would ban adults from smoking with children under the age of 14 in the car. Violators would be fined $100. There are no defenses to this regulation. It would apply regardless of whether the driver is the parent of the child or not. Further, rolling down the windows will not absolve the driver of the law.

The NY Daily News reports Assemblyman David Weprin saying, “The bill doesn't violate constitutional rights … and is similar to seat-belt laws and bans on texting while driving. If cops believe a driver is in violation, they can stop the vehicle and question the passengers' ages.”

Smoking with child in the car was previously banned in Rockland County. “The Rockland County Kids In Cars Smoking Safety Act,” is a local law prohibiting smoking in vehicles with children under the age of 18. The first violation is a criminal violation, punishable by a fine up to $150.00. Subsequent violations are punishable by a fine of as much as $250.00.

Nassau County is considering a similar bill. The bill, proposed by New York State Legislators Judi Bosworth and Judy Jacobs, would make it illegal to smoke in the car with a child under the age of 18. However, the proposed Nassau law has major teeth in it—violators would pay a hefty $1,000 fine!

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The story is well known by now if you have followed the news over the last three months. On June 9, 2008, two year old Caylee Marie Anthony went missing in Orlando, Florida. Her Caylee’s mother, Casey Anthony, did not report Caylee missing. It wasn't until July 16, 2008 that Caylee’s grandmother reported Caylee the young girl's disappearance. That same day, Casey Anthony was arrested and charged with first degree murder, aggravated manslaughter, and aggravated child abuse.

On May 24, 2011, the criminal trial began in Orlando. After more than a month of testimony by approximately 100 witnesses, and 400 pieces of evidence, on July 5, 2011, the jury found Casey Anthony not guilty of first degree murder, aggravated manslaughter and aggravated child abuse. However, Anthony was found guilty of four counts of providing false information to law enforcement.

Judge Belvin Perry gave Anthony the maximum sentence of one year each for 4 counts of giving false information to authorities. In addition, he sentenced Ms. Anthony to the maximum fine of $4,000, representing a $1,000 penalty for each count she was convicted of. With time served, and credit for good behavior, Casey Anthony was released on Sunday, July 17, 2011. Although Anthony asked to be immediately released, the judge made his displeasure known: “As a result of those four specific, distinct lies, law enforcement expended great time and resources looking for Caylee Marie Anthony," Judge Perry declared.

In New York, falsely reporting an incident carries a maximum penalty of 7 years in jail, and a fine up to $5,000. Currently, it is a class A misdemeanor to fail to report a child missing in New York. However, New York State Senator Andrew Lanza is seeking to change this. Lanza is planning on introducing a “Caylee’s Law”, which would make it a class E felony for a parent or guardian to fail to report a child missing within 24 hours of their disappearance. New York Assemblywoman Grace Meng is also working on a similar statute. In her version, it would be a felony if a parent, guardian, or caretaker fails to report a missing child “within a timely manner.”

Since the July 5, 2011 verdict, Florida and more than 15 other states have proposed a form of “Caylee’s Law.” There is also a proposed federal version of Caylee’s Law that would make it a felony to wait more than 24 hours to report a missing child, and a felony not to report the death of a child within one hour. A petition by citizens around the country to create this law has apparently garnered more than 1.2 million signatures.

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Back on December 19, 2010, Raul Rios, a 23 year old man, was nearly killed when he was struck by a car as he was crossing Post Road in White Plains on his way to the Kennedy Fried Chicken at 4:00 AM that morning. The driver who struck Rios, 29 year old Christin Ewing, was driving a black Mercedes and was charged with a hit and run in the accident. Rios was in the hospital for several weeks and had surgery for head, leg and skin injuries.

Police tracked Ewing down after approximately six weeks using various resources including enhanced videotapes from local businesses and repair records from local dealers and shops to determine if similar vehicles had been brought in for repair. Mr. Ewing, a former wrestling coach in Mahopac, stated that he did not know he had struck anyone that December day.

On June 27, 2011, Ewing pleaded guilty in Westchester County Court to leaving the scene of a personal injury accident as a felony. His plea involves a sentence of 5 years "shock probation", which includes a six month jail term for the first six months of his sentence. Mr. Ewing will be free until September 19, 2011, the date of sentencing.

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