When is it Child Abuse in New York State?

September 19, 2014  |  CRIMINAL, IN THE NEWS  |  Share
When is it Child Abuse in New York State?

The recent news of child abuse allegations against NFL running back Adrian Peterson has raised several moral and legal questions. Is it legal to spank a child?  Can a parent discipline a child by hitting them?  What does the law consider to be child abuse?  Does New York State's laws on child abuse differ from other states? I address this questions in an interview with WGRZ's Claudine Ewing in her report on how the Adrian Peterson case stirs the conversation on child discipline. Click the video above to watch my legal analysis on child abuse laws.

Terror Suspect from Rochester in Custody

September 17, 2014  |  CONSTITUTIONAL, CRIMINAL, IN THE NEWS  |  Share
Terror Suspect from Rochester in Custody

A Yemen-born man who was resided in Rochester was indited on Tuesday.  He is accused of recruiting for the terrorist organization, the Islamic State, also known as ISIS. While the terror charges the suspect faces are serious, he is also charged with additional substantive crimes. NBC News affiliate WGRZ aired a detailed report on the suspect, including an interview with me for some legal analysis on the case.  Click on the video above to hear my commentary on the statute being used in this case as well as the potential jail time the suspect faces just for gun charges and other crimes.

The Crime is in the Cover Up

September 9, 2014  |  CRIMINAL, IN THE NEWS  |  Share

I recently wrote a guest column for the Buffalo Law Journal.  It seems news headlines continuously include an individual or organization potentially in trouble for a "cover-up."  In my White Collar Criminal Defense practice, I often find real consequences arise due to an attempted cover-up of a situation.  To read my guest column, which details what qualifies as a cover-up and how to protect yourself, click here for the article on the Buffalo Law Journal's website or click on the image below to read the column as it was published in the Buffalo Law Journal's print edition.

Buffalo Police Using Audio Surveillance

August 27, 2014  |  CRIMINAL, ETHICS, IN THE NEWS  |  Share
Buffalo Police Using Audio Surveillance

The Buffalo Police have begun to utilize new audio surveillance technology.  The device allows police to know when a shooting occurs and may even be able to tell the direction in which bullets were fired. Can such audio surveillance also detect and record conversations of citizens on the street?  Would the audio surveillance of gun shots or human voices be admissible in court? Click on the video above where I address these questions in WGRZ Channel 2's full report on the Buffalo Police's new audio surveillance tool.

Erie County Warrantless Cell Phone Tracking Ruled Unconstitutional

June 25, 2014  |  CONSTITUTIONAL, IN THE NEWS  |  Share
Erie County Warrantless Cell Phone Tracking Ruled Unconstitutional

Over the past 4 months, NBC News affiliate WGRZ has been investigating the Erie County Sheriff's Department and its use of cell phone tracking devices on citizens without a warrant.  I have provided legal analysis for WGRZ throughout their investigative reports. The federal appeals courts has ruled it is unconstitutional to perform cell phone tracking without a warrant.  Despite the ruling Erie County Sheriff Tim Howard has indicated he will continue the practice. The video above shows the entire report in the latest developments in this cell phone tracking investigation, including my analysis regarding the 11th Circuit's ruling.

Erie County Sheriff’s Office Spends Over $350,000 to Spy on Citizens’ Cell Phones

May 6, 2014  |  CONSTITUTIONAL, IN THE NEWS  |  Share
Erie County Sheriff's Office Spends Over $350,000 to Spy on Citizens' Cell Phones

A WGRZ investigative report has unveiled that the Erie County Sheriff's Department has spent over $350,000 on equipment used to spy of citizens' cell phones.  The report details the type of equipment purchased, its spying capabilities, and the confidentiality used by law enforcement agencies as well as the equipment manufacturer when such devices are purchased. WGRZ asked that I provide perspective as their legal expert for the report to discuss if information obtained by the Sheriff's Department could be used in court and the constitutionality of such law enforcement tactics.  Click above to watch the full report and my analysis on the legality of the Erie County Sheriff Department's use of cell phone spying devices.

Taxpayers Paying for Buffalo Board of Education Conflicts

April 21, 2014  |  ETHICS, IN THE NEWS  |  Share
Taxpayers Paying for Buffalo Board of Education Conflicts

Buffalo Board of Education member Carl Paladino is reported to have some strong opposition to fellow members of the Buffalo school board.  Paladino has raised questions on the competence and ethics of some board members and made formal motions regarding these issues.  Such motions require paperwork and often requires the work of an outside law firm.  These actions consequently result in costs to taxpayers. Local NBC news affiliate WGRZ recently reported on Carl Paladino's removal motions and interviewed me for a legal perspective.  You can watch the report, including my commentary, by clicking on the video above.

Possible False Claims Act (Qui Tam) Exposure in City of Buffalo’s HUD Controversy

February 10, 2014  |  IN THE NEWS  |  Share

A report issued by the U.S. Department of Housing and Urban Development, Office of Inspector General indicates that $1.6 million in federal funds were misused by the City of Buffalo.  Specifically, the federal funds were used to pay lobbyist firms based in Washington, DC.  Such use of federal funds is prohibited. Above is a link to NBC News affiliate WGRZ's report on the City of Buffalo's misuse of funds.  The report includes an interview with Buffalo Mayor Byron Brown as well as my legal analysis on the matter. Click above to watch the full report including my comments on the process required to use federal funds, who should have known what the funds were being used for, and the potential consequences for the misuse of funds.

The Future of Lakeshore Hospital

November 1, 2013  |  IN THE NEWS, ZONING & LAND USE  |  Share

I represent local businessman Anthony Borello, who has submitted a proposal to purchase the Lakeshore Hospital building.  Mr. Borello has developed a viable plan to keep Lakeshore operational.  Local NBC News affiliate WGRZ Channel 2 recently reported on the proposal and interviewed me for their story.  You can watch a video of WGRZ's report, including my comments, by clicking above.

Positive Pregnancy Tests Sold Online

September 5, 2013  |  CRIMINAL, IN THE NEWS, INTERNET CRIME  |  Share

An emerging trend in the online marketplace is pregnant women selling their positive pregnancy tests online to other women. Local NBC news affiliate WGRZ Channel 2 aired a report detailing the growing trend and asked for my analysis on the legal ramifications of such a transaction. Click above for the full story including my comments on the risks associated with this type of transaction as well as whether the buyer or seller could be subject to various fraud charges.