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      <title>New York Criminal Defense Attorney Blog</title>
      <link>http://www.newyorkcriminaldefenseattorneyblog.com/</link>
      <description>Published by The Law Office of Mark A. Siesel, Esq.</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
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         <title>Maximum Jail Time In Putnam County Fatal DWI Case</title>
         <description><![CDATA[<p>In an update to our June 20, 2009 blog entitled "<a href="http://www.nylegalblog.com/cgi-bin/mt.cgi?__mode=view&_type=entry&id=48418&blog_id=293">Putnam County Manslaughter Charge In Brewster DWI Crash</a>", Conses Garcia-Zacarias, the 35 year old illegal immigrant from Guatemala who pled guilty to two counts of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York vehicular homicide</a> in the deaths of Lori Donahue and her 8 year old daughter Kayla, was sentenced to the maximum 8 1/2 to 25 years in state prison on January 13, 2010.  Mr. Garcia-Zacarias had a blood alcohol content (<a href="http://www.dwilawnewyork.com/lawyer-attorney-1383428.html">BAC</a>) of almost twice the legal limit of 0.08 when he drove his pickup truck on the wrong side of Main Street in Brewster and struck the mother and daughter as they were exiting the Seven Stars School of Performing Arts on Rt. 6.  Reportedly, Mr. Garcia-Zacarias told a probation officer he was so intoxicated that he did not remember anything about the crash.  </p>

<p>Mr. Garcia-Zacarias worked on numerous horse farms in the United States and was operating a Ford pickup truck owned by Valerie Renihan, a horse trainer who has claimed that Garcia-Zacarias did not have permission to operate the vehicle and stole the keys.  However, neighbors near the Tonetta Lake Road house in Southeast where Garcia-Zacarias and several other men lived claimed that they would all frequently drive the vehicle.  Clearly, if the Putnam County District Attorney's Office had solid proof against Renihan, she would have been charged in this tragic case as well.</p>

<p>In sentencing Mr. Garcia-Zacarias to the maximum jail time under New York's Penal Law, Judge James Rooney of the Putnam County Court stated to the defendant:  " Do not look to me for forgiveness...God may grant you mercy, but this Court will not."  After Garcia-Zacarias serves his prison term, he faces immediate removal (deportation) to his native Guatemala.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2010/01/maximum_jail_time_in_putnam_co.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2010/01/maximum_jail_time_in_putnam_co.html</guid>
         <category>In The News</category>
         <pubDate>Thu, 21 Jan 2010 07:02:45 -0500</pubDate>
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         <title>NBA Star Arenas Pleads Guilty To Felony Gun Possession</title>
         <description><![CDATA[<p>The Washington Wizards' all-star guard Gilbert Arenas pled guilty on January 15, 2010 to one felony count of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">unlicensed gun possession </a>in a Washington, D.C. Court.  The plea arises out of an incident in early January when Arenas brought guns into the Wizards locker room in a confrontation with teammate Javaris Crittenton.  Arenas will not be sentenced until March 26, 2010, and is apparently facing the possibility of 6 months of jail time.  He has also been suspended indefinitely from the NBA by Commissioner David Stern.  Additionally, the Wizards could attempt to void the $111 million contract Arenas signed last year based on a morals clause in the contract.</p>

<p>This incident calls to mind the case in New York of ex New York Giants wide receiver Plaxico Burress, who is now serving a 2 year jail sentence after he pled guilty to unlicensed possession of a firearm last year.  Had Burress not pled guilty, he was looking at the possibility of a mandatory sentence of 3 1/2 years in prison if convicted of the crime of <a href="http://www.dwilawnewyork.com/index.html">criminal possession of a weapon</a> in the second degree.</p>

<p>It would appear that the Wizards and the NBA have a significant public relations problem when their star player, who led the league in scoring a few years ago, is facing felony jail time and appeared to be unrepentant when first charged with the crime, leading to Stern's decision to suspend him indefinitely</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2010/01/nba_star_arenas_pleads_guilty.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2010/01/nba_star_arenas_pleads_guilty.html</guid>
         <category>Celebrity crime</category>
         <pubDate>Mon, 18 Jan 2010 13:58:04 -0500</pubDate>
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         <title>New York Grand Larceny--Astor Heir Sentenced To 1-3 Years</title>
         <description><![CDATA[<p>Anthony Marshall, the 85 year old son of the late philanthropist Brooke Astor, was sentenced on December 21st to 1-3 years in jail for looting his mother's fortune.  Mr. Marshall was convicted last October of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">first degree grand larceny,</a> and scheming to defraud, along with twelve other counts, based on charges that he took advantage of his mother's mental frailty to get more than his share of her almost 200 million dollar fortune.  Grand larceny in the first degree under section 155.42 of the New York Penal Law is defined as stealing the property of another which has a value in excess of one million dollars.  It is a <a href="http://www.dwilawnewyork.com/index.html">class B felony</a>, punishable by up to 25 years in prison.  </p>

<p>Prosecutors utilized testimony from high profile witnesses and friends of Ms. Astor including Barbara Walters and Henry Kissinger to establish that Marshall had manipulated his mother to change her will and had stolen priceless artwork from her walls.  The defense contended that Marshall had an unrestricted complete power of attorney permitting his actions, and argued that Astor was mentally competent when she made the changes to her will.  Apparently, the Manhattan jury did not accept those arguments.</p>

<p>Marshall got the minimum allowable sentence under sentencing guidelines.  He was unsuccessful in trying to get the judge to drop the part of his conviction which required jail time, despite his lawyers' arguments that any jail time would amount to a death sentence due to his poor health.  </p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/12/new_york_grand_larcenyastor_he.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/12/new_york_grand_larcenyastor_he.html</guid>
         <category>In The News</category>
         <pubDate>Tue, 22 Dec 2009 15:43:20 -0500</pubDate>
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         <title>Westchester County Jury Convicts Ex Cop In Rape Case</title>
         <description><![CDATA[<p>Jose Arroyo, a 47 year old ex-NYPD cop and ex-Marine, was convicted by a Westchester County jury of two counts of rape and one of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York felony assault </a>on November 24th.  The jury acquitted Mr. Arroyo of two counts of felony kidnapping.  The facts are that on November 14, 2008, Mr. Arroyo met the 31 year old victim at Doyle's Pub in the Bronx.  The woman was visiting a friend from Texas.  Mr. Arroyo apparently spiked the woman's drink with Ambien, which the evidence showed he had a prescription for. When she passed out, Mr. Arroyo took the victim to the Alexander Motel in Greenburgh, where he sexually assaulted and raped her.  He then took several nude photographs of the victim.</p>

<p>The defense was that the sexual relations were consensual and that Mr. Arroyo did not drug the victim.  The problem with this defense was that the victim is a lesbian and testified that she never would have consented to sexual relations with any man.  Further, the jury was provided a security video from Doyle's Pub which apparently showed Mr. Arroyo moving his hand over the woman's drink, stirring the drink, and then handing it to her.  During deliberations, the jury asked to see the video several additional times;  this video obviously played a large part in the conviction.</p>

<p>Mr. Arroyo is incarcerated in the Westchester County Jail.  He is scheduled to be sentenced on January 20, 2010 and faces a maximum jail term of 25 years on the rape charges.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/11/westchester_county_jury_convic.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/11/westchester_county_jury_convic.html</guid>
         <category>In The News</category>
         <pubDate>Thu, 26 Nov 2009 09:06:49 -0500</pubDate>
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         <title>Westchester County Grand Jury to Decide Ex-Cop Pileggi&apos;s Fate</title>
         <description><![CDATA[<p>A Westchester County Grand Jury will be convened soon to determine whether there is enough evidence to indict former New Rochelle Police officer James Pileggi on a <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">second degree manslaughter</a> charge.  The facts are both shocking and particularly tragic.  It is alleged that on November 3rd, Officer Pileggi was demonstrating the laser function of his 9 mm Glock to a boyhood friend, Andre Everett, when the gun accidentally discharged, and Everett died later that night at Sound Shore Hospital at the age of 27.</p>

<p>Pileggi waived his right to a felony hearing, and his attorney has indicated that Mr. Pileggi may testify at the grand jury, which is always a risky decision, and an opportunity that many defendants forego, in the hope that the prosecution will fail to convince the grand jury to indict.  </p>

<p><a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York Second degree manslaughter </a>is a Class C Felony under the New York State Penal Law, and carries with it a potential jail term of up to 15 years.  Pileggi is free on $50,000 bail, and has resigned from his position with the Eastchester Police Department, where he was employed for 2 years. </p>

<p>Apparently, a New York City lawyer has filed a notice of claim against the Eastchester Police Department and Mr. Pileggi, alleging wrongful death, which is the first step in commencing a civil lawsuit.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/11/westchester_county_grand_jury.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/11/westchester_county_grand_jury.html</guid>
         <category>In The News</category>
         <pubDate>Sat, 21 Nov 2009 08:40:33 -0500</pubDate>
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         <title>Ex NYC Police Commissioner Pleads Guilty To Tax Fraud</title>
         <description><![CDATA[<p>Bernard Kerik, the former New York City Police Commissioner under Rudy Giuliani, pled guilty to eight felonies in federal court in White Plains on November 5, 2009.  Kerik was facing potential jail time of 61 years for a combination of charges including <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">tax fraud</a>, submitting false statements on a mortgage application, and lying to White House officials in 2004 when he was under consideration for secretary of the Department of Homeland Security.  Regarding the latter charge, apparently Mr. Kerik had received more than $200,000 in apartment renovations from Interstate Industrial Corp., in exchange for his assistance in trying to ease municipal regulations for the company, but he denied this when questioned by federal officials.</p>

<p>Under the plea deal, the 54 year old Kerik is likely to serve between 27 and 33 months in prison.  He will be sentenced in U.S. District Court by Judge Steven C. Robinson on February 18, 2010.</p>

<p>Contact the <a href="http://www.dwilawnewyork.com/index.html">White Plains criminal defense lawyers</a> at the Law Office of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation if you are charged with a <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York felony</a>, misdemeanor, violation or traffic infraction.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/11/ex_nyc_police_commissioner_ple.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/11/ex_nyc_police_commissioner_ple.html</guid>
         <category>In The News</category>
         <pubDate>Tue, 10 Nov 2009 11:42:39 -0500</pubDate>
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         <title>&quot;Wrestler&quot;  Actor Takes Plea In White Plains Federal Court</title>
         <description><![CDATA[<p>Scott Siegel, a 35 year old New Rochelle resident who gained notoriety last year for his role in the Oscar nominated "The Wrestler", pled guilty on October 2 to two counts of using a deadly weapon to assault federal officers and one count of possessing and distributing steroids.  On February 18th last year, federal agents and local officers  attempted to arrest Mr. Siegel outside his parents' Eastchester home.  Instead of surrendering, Siegel led them on a wild chase through Eastchester and Tuckahoe, ramming several police cars and attempting to strike an officer on foot as well.</p>

<p>Mr. Siegel was found to have 1,500 bottles of anabolic steroids and $100,000 in cash. For the highest charge of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York assault with a deadly weapon</a>, Siegel faces up to twenty years in prison.  Under federal sentencing guidelines, he could receive a sentence of just over 5 years in prison.  Siegel is being held without bail and will be sentenced on January 14, 2010.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/10/wrestler_actor_takes_plea_in_w.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/10/wrestler_actor_takes_plea_in_w.html</guid>
         <category>Celebrity crime</category>
         <pubDate>Tue, 06 Oct 2009 07:13:59 -0500</pubDate>
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         <title>New York Illegal Weapons Possession Plea For Ex-Giant Burress</title>
         <description><![CDATA[<p>Plaxico Burress, the 32 year old ex-New York Giant wide receiver who caught the winning touchdown pass in Super Bowl 42, pled guilty on August 20th to <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">attempted weapons possession</a> and will serve two years in prison.  Burress, who will be sentenced on September 22nd, took the plea to avoid a mandatory 3 1/2 year sentence if he was convicted of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">NY illegal weapons possession</a> arising out of his arrest last November when he accidentally shot himself in the leg with an unlicensed Glock automatic pistol.</p>

<p>Prior to the plea deal, Mr. Burress testified before a grand jury, during which he admitted to possessing and firing the pistol.  In most cases, defendants are advised to not testify before a grand jury, as it provides the prosecutor with an opportunity to obtain damaging admissions prior to trial.</p>

<p>After his sentencing on September 22nd, Mr. Burress will reportedly be sent to Downstate Correctional Facility in Fishkill, a maximum security prison, to determine where he should be incarcerated.  With good behavior, Burress can reduce his sentence by three and a half months.<br />
</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/08/new_york_illegal_weapons_posse.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/08/new_york_illegal_weapons_posse.html</guid>
         <category>In The News</category>
         <pubDate>Mon, 24 Aug 2009 22:07:43 -0500</pubDate>
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         <title>Plaxico Burress Indicted By New York County Jury</title>
         <description><![CDATA[<p>Plaxico Burress, the ex-New York Giants star wide receiver who caught the game winning pass in Super Bowl 42, was indicted on August 4th on <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York gun possession </a>charges. Burress was indicted on two counts of second degree criminal possession of a weapon and one count of second degree <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">reckless endangerment</a>.</p>

<p>The <a href="http://www.dwilawnewyork.com/index.html">New York criminal weapon charges</a> stem from an incident on November 29, 2008 at the Latin Quarter nightclub in Manhattan.  Mr. Burress accidentally fired his .40 caliber Glock semiautomatic pistol, which had been tucked into the waistband of his jeans, narrowly missing a club employee, and shooting himself in the thigh.  Burress had a gun permit in Florida, but that permit expired 7 months earlier, and he did not have a permit in New York.</p>

<p>Apparently, there had been negotiations between the New York County District Attorney's office and Mr. Burress' attorney regarding the amount of jail time Mr. Burress would have to serve in a plea deal, but negotiations broke down when Robert Morgenthau, the New York D.A. insisted on more than one year in jail.  If Mr. Burress is convicted on the criminal possession charges, New York law mandates a minimum three and a half year prison term.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/08/plaxico_burress_indicted_by_ne.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/08/plaxico_burress_indicted_by_ne.html</guid>
         <category>Celebrity crime</category>
         <pubDate>Wed, 19 Aug 2009 07:49:49 -0500</pubDate>
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         <title>Ex-New York Giant Burress Testifies Before Grand Jury</title>
         <description><![CDATA[<p>In a follow up to an <a href="http://www.nylegalblog.com/cgi-bin/mt.cgi?__mode=view&_type=entry&id=31281&blog_id=293">article we published last December</a>, former New York Giants wide receiver Plaxico Burress testified before a grand jury yesterday on a <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York illegal weapons charge</a>. Burress was charged with two counts of illegal weapons possession last December after an incident in the Latin Quarter Nightclub when he accidentally shot himself with a Glock semiautomatic pistol he had in his waistband.</p>

<p>Pursuant to Section 265 of the New York Penal Law, the illegal weapons charges could land Burress in prison for up to 3 1/2 years, and apparently, Manhattan District Attorney Robert Morgenthau is insisting on jail time for the ex-star.  Burress has been out on $100,000 bail since last December, and there was widespread speculation that Burress would work out a plea deal in which he would not have to serve any jail time.  However, since the DA's office is pushing for a jail sentence, Burress decided to take his chances and testify before the grand jury, which will decide whether to indict Mr. Burress on the charges.  </p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/07/ex_new_york_giant_burress_test.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/07/ex_new_york_giant_burress_test.html</guid>
         <category>In The News</category>
         <pubDate>Thu, 30 Jul 2009 08:49:05 -0500</pubDate>
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         <title>Extreme Speeders Emphasis For Many Westchester Courts</title>
         <description><![CDATA[<p>In a study conducted by the <a href="http://lohud.com/apps/pbcs.dll/frontpage">Journal News</a> and published this week, Westchester, Putnam and Rockland Counties have been targeting extreme speeders on I-684, I-87, the Palisades Interstate Parkway, and the Taconic Parkway, among others.  The highest speed on record was by a driver of an Acura on I-684 in Southeast who was clocked at 142 miles per hour, and who ended up paying fines of $455.00 for a <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383444.html">Putnam speeding ticket</a> of going 95 in a 65 m.p.h zone. Seven drivers have been charged with driving an eye opening 130 m.p.h or faster in 2006 and 2007 in the Lower Hudson Valley, with I-684 leading the way with the most speeders.  This is not surprising, as I-684, which stretches from Harrison to Brewster, is a wide and straight road, and speeds have been increasing after the speed limit was raised to 65 mph several years ago.  </p>

<p>Notable speeders include rapper DMX, who was clocked at 104 mph on I-684, only to be exceeded by his wife, who was stopped doing 106 mph two years later.  Records show that 11,210 drivers were convicted of <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383444.html">New York speeding tickets</a> on 684 in 2006 and 2007, more than any other highway in the Westchester, Putnam or Rockland counties. There were 104,259 drivers convicted of speeding during this two year period in the Lower Hudson Valley, with the average speeder going approximately 20 mph over the limit, but 452 drivers exceeding 100 mph.</p>

<p>A speeding conviction of 1-10 mph over the limit will get you 3 points on your license; 11-20 over nets you 4 points; 21-30 over will get you 6 points; 31-40 over results in 8 points, and 40 over or above means your driver's license is automatically suspended with 11 points being assessed by the <a href="http://www.nydmv.state.ny.us/sitemap.htm">DMV</a>. </p>

<p>Of note, the top five roads and jurisdictions for 2006-2007 speeding convictions in the region were I-684 in Bedford with 4,976; the Palisades Parkway in Clarkstown with 2,631; I-87 in Greenburgh with 2,285; I-84 in Kent, with 2,267; and I-684 in North Castle with 2,231.  The study found that the State police has the most speeding convictions in the region between 2006 and 2007.  The top five departments in obtaining convictions were:  The State police in Somers with 8,847; the State police in Haverstraw with 7,406; the White Plains Police Department with 6,642; the State Police in New Rochelle with 5,978; and the Westchester County Police with 5,163.</p>

<p>As a warning to our readers, although it is frequently possible for our <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383444.html">New York traffic ticket lawyers</a> to get speeding tickets reduced, and in many instances, get a reduction to a violation with the possibility of no points, <strong>be careful in Orange County, especially in places such as Walkill</strong>, where Town Justice Raymond Shoemaker, who was a state trooper earlier in his career, <strong>has sentenced drivers to up to 15 days in jail for driving 90 mph</strong>, 25 mph over the limit.  The judge noted that there were several serious car accidents in his jurisdiction over the last 4 or 5 years, and stated:  "It appears that it's mostly young, inexperienced drivers who are involved.  How best do you think these kids are going to learn?  Just to get a reduced speed, a fine, and a surcharge and away they go?  If you're going to go that kind of speed, maybe they need a little reminder how serious what they have done is."  This ought to send a chill down the spine of speeders in Judge Shoemaker's neck of the woods!</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/07/extreme_speeders_emphasis_for.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/07/extreme_speeders_emphasis_for.html</guid>
         <category>Traffic Violations</category>
         <pubDate>Thu, 16 Jul 2009 08:53:47 -0500</pubDate>
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         <title>Stallworth To Serve Thirty Days In Jail For DWI Manslaughter Charge</title>
         <description><![CDATA[<p>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 <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">DWI manslaughter</a> 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 (<a href="http://www.dwilawnewyork.com/lawyer-attorney-1383440.html">BAC</a>) was determined to be .126, well in excess of Florida's .08 limit.  </p>

<p>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. </p>

<p><a href="http://www.dwilawnewyork.com/index.html">Contact the Criminal Defense lawyers at the White Plains, New York Law Office Of Mark A. Siesel online </a>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 </p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/stallworth_to_seve_thirty_days.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/stallworth_to_seve_thirty_days.html</guid>
         <category>Celebrity crime</category>
         <pubDate>Mon, 22 Jun 2009 13:07:47 -0500</pubDate>
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         <title>Putnam County Manslaughter Charge In Brewster DWI Crash</title>
         <description><![CDATA[<p>Conses Garcia-Zacarias, 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 <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">first degree vehicular manslaughter</a>, a felony, and <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383428.html">driving while intoxicated</a>, a misdemeanor.  Garcia-Zacarias allegedly drove the vehicle with a <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383438.html">BAC</a> (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.  Garcia-Zacarias does not have a license and is in the United States illegally, according to authorities.</p>

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

<p>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.  </p>

<p>Representatives of Mothers Against Drunk Driving (<a href="http://www.madd.org/">MADD</a>) 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.  </p>

<p>Mr. Garcia-Zacarias 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 <a href="http://www.ice.gov/">Immigration and Customs Enforcement</a> has filed a detainer against Garcia-Zacarias, and in all likelihood, he will face removal (deportation) proceedings at the completion of any criminal sentence against him if he is convicted, or immediately if the charges are not proven.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/putnam_county_manslaughter_cha.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/putnam_county_manslaughter_cha.html</guid>
         <category>In The News</category>
         <pubDate>Sat, 20 Jun 2009 13:36:13 -0500</pubDate>
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         <title>New Rochelle Doctor Charged With Larceny</title>
         <description><![CDATA[<p>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 <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">3rd degree grand larceny</a>, which is defined as stealing property with a value of more than $3,000, and Fraudulent practice under the Worker's Compensation Law.  The <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York grand larceny</a> charge is a felony with a maximum sentence of up to 7 years in prison.</p>

<p>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.  </p>

<p>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.</p>

<p>Dr. Palmieri was released without bail and is due back in Court on June 26, 2009.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/new_rochelle_doctor_charged_wi.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/new_rochelle_doctor_charged_wi.html</guid>
         <category>In The News</category>
         <pubDate>Tue, 09 Jun 2009 09:35:45 -0500</pubDate>
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            <item>
         <title>Hendrick Hudson H.S. Student Charged With Rape</title>
         <description><![CDATA[<p>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 <a href="http://www.dwilawnewyork.com/lawyer-attorney-1383442.html">New York first degree rape charge</a> 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.</p>

<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/hendrick_hudson_hs_student_cha.html</link>
         <guid>http://www.newyorkcriminaldefenseattorneyblog.com/2009/06/hendrick_hudson_hs_student_cha.html</guid>
         <category>In The News</category>
         <pubDate>Sat, 06 Jun 2009 22:08:12 -0500</pubDate>
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