Author Archives: Jay Butchko
Discovery in New York Criminal Cases
Justice is Blind not Blindfolded. We are all familiar with the image of Lady Justice holding the scales of justice. Blind Lady Justice is supposed to represent impartiality. Well, there was a movement in New York State to #RemovetheBlindfold as it was not representing impartiality, but just the opposite in the state criminal justice… Read More »
Jussie Smollett Got Pretrial Diversion. Can You Get It Too?
Since the ongoing Jussie Smollett saga has moved to the court of public opinion, now is a good time to look at what happened to his criminal charges. In January 2019, Smollett, who is a TV actor, claimed that two white men used homophobic and racial slurs as they physically assaulted him. After they… Read More »
Panera and the Satiric ‘Criminal Investigation’ Over Bagel-Slicing Techniques
The word is satiric with a small s- not Satanic with a capital S. But with the recent controversy about bagel slicing of Panera’s bagels, the word Satanic was close to being used in the very public fray. New Yorkers take their bagels very seriously. So seriously, in fact, that according to Brooklyn Democrat… Read More »
New York’s Highest Court Changes Deportation Rules
The relationship between deportation and criminal law has always been rather difficult to define. But People v. Suazo provided some additional clarity. Saylor Suazo was an undocumented immigrant in New York. In 2012, prosecutors charged him with various domestic assault counts. All these alleged crimes were Class A misdemeanors. Just before trial, the prosecutor… Read More »
Police Scuffle Ends With Child Endangerment Charges
Video posted to social media shows NYPD officers separating a Brooklyn mother from her 1-year-old child after an altercation at a food stamp office. According to witnesses, 23-year-old Jazmine Headley had been sitting on the office floor for about two hours due to a lack of chairs. When a security guard told her to… Read More »
‘Nails’ Update: Dykstra Rejects Deal; Pleads Not Guilty
The troubled former Met is back in trouble again, this time after allegedly threatening an Uber driver and possessing illegal narcotics. Police in New Jersey arrested Dykstra earlier in 2018 after an Uber driver made the above accusations. Police did not recover a weapon, but they did find narcotics in the car’s back seat…. Read More »
Giants QB Asks For Pretrial Diversion
Kyle Lauletta wants to enter a program which, if completed, will leave him with no criminal record. The same option may be available to ordinary criminal law defendants in New York as well. You do not have to be a professional athlete. In October, the young man made an illegal turn and ignored officers’… Read More »
Apologetic Giants Rookie QB Will Not Face Discipline After Arrest
One week after he was arrested for a string of traffic violations near the Lincoln Tunnel, fourth-round pick Kyle Lauletta said he was sorry and coach Pat Shurmur said he would not suspend the young man. The charges included obstructing administration of law, eluding police, resisting arrest, reckless driving, improper turn, disregarding an officer’s… Read More »
Anti-Semitic Hate Crimes Spike
The overall crime rate has dropped, but anti- Semitic crimes have increased 22 percent since 2017. NYPD Police Commissioner James O’Neill offered few explanations for the sudden rise. However, he did say that the department was “concerned” about the increase and that “none of it will ever be tolerated in New York City.” Most… Read More »
Dykstra’s Dispute With Uber Driver Heads To Court
Troubled former Met Lenny Dykstra is back in trouble again. Union County authorities recently filed charges against the erstwhile outfielder stemming from his bizarre dispute with an Uber driver in May 2018. Appearing in criminal court with his attorney, Mr. Dykstra pleaded not guilty to one count of making a terroristic threat and two… Read More »
