Blog

The Ianniello Chauvin, LLP blog features updates, legal insights, and practical advice from our attorneys on personal injury, criminal defense, and civil law topics.

Unlawful Eviction

Under RPAPL §768, landlords may not use “self-help” tactics to remove tenants. Illegal actions include: Unlawful eviction is a Class A Misdemeanor, punishable by up

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 Appeals

 Defendants have the right to appeal court rulings or verdicts to a higher court. Common appeal grounds: Appeals from local courts go to County Court,

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Assault

 Assault occurs when one person causes injury to another—intentionally, recklessly, or negligently. Weapons include guns, knives, or “dangerous instruments” like cars, phones, or even high

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Consecutive Sentencing

Concurrent sentences run at the same time; consecutive run back-to-back. Example: 25-year Assault + 15-year weapon charge Consecutive sentences only apply when crimes stem from

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Photo Arrays

 Photo arrays help identify suspects but must be fair and double-blind—neither officer knows the target. If improperly conducted (e.g., duplicate photos, racial imbalance, suggestive behavior),

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Crimes Outside the Penal Law

 Did you know hundreds of NY crimes exist outside the Penal Law? Examples include: Knowledge of these cross-volume offenses is critical—an experienced defense attorney must

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 Driving Without Insurance

 Operating a vehicle without insurance violates VTL §319(1). Penalties include: Unlike most traffic tickets, this infraction affects your ability to drive—not just your wallet. Always

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Statute of Limitations

Under CPL §30.10, prosecutors must file charges within: “Tolling” stops the clock—such as when crimes go undiscovered, or when a defendant resides outside New York

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 Indictments

An indictment is a formal accusation voted on by a Grand Jury—a panel of 16–23 citizens. They review testimony and evidence privately and decide by

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Discovery

 This week’s #fridayfacts explains Discovery—the evidence exchange between prosecution and defense. Before 2020, defendants had to formally demand discovery. Now, under CPL §245.20, prosecutors must

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