New York Penal Law:

§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms.
Criminal possession of a weapon in the second degree is a class C
felony.

The recent change has made illegal possession of a loaded or defaced handgun on one’s person a class C felony. Up to and until November 2006, when the new law took effect such a crime was classified a class D felony. Possession of the same handgun in one’s home or place of business is still classified as a class D felony. The distinction in the classification is the sentencing, for both pleas or convictions after trial. A Class D felony is a felony punishable by law with sentences of one year incarceration or five (5) years probation (or “felony probation”) where there is a pre-indictment plea. A post-indictment plea offers a sentence range of 1-3 years of incarceration. These sentence provisions only apply to first time offenders. A conviction after trial, however, requires a sentence of up to seven years. On the other hand, a class C felony pre-indictment plea usually results in a one year incareration, while post-indictment plea typically results in a sentence ranging from 3 1/2 to 7 years. Again, the penalties for second or repeated felony offenders are a lot stricter. After trial conviction, the law requires for a period of incarceratiof up to fifteen years.

Ironically, the number of violent crimes in New York by 2006, crimes involving the use of handguns, was more than 50% less the total number of violent crimes in the previous year. Consequently, the legislature’s sole objective was not only to reduce viiolent crimes, but to keep our police officers safe since the number of law enforcement fatalities has increased in the past decade. In fact, after a police officer shooting back in 2005, Gov. Pataki called a “special session” and passed new gun legislation in fall of that same year. That law made it a felony to possess three handguns inoperable or not, while the previous law set the number at twenty. Gov. Pataki also imposed stiffer penalties for police shooters.
New York State’s lobbyists and gun control advocates have gathered data to support their respective positions. The overall conclusion is that there is no clear and conclusive data to indicate there is a correlation between strict gun control laws and the reduction in violent crimes. In fact, gun related injuries still remain one of the country’s leading causes of death and suicide.

In addition, the Legislature made this significant change to its illegal handgun possession laws while still dealing with advocates for changes to the policy on handgun license procedure. Many believe that New York’s licensing procedure significantly impedes one’s Constitutional right to bear arms. New York is one of a few states that has a licensing procedure where there is a prescribed list of licenses that may be issued and whether any permit may issued at all. Most other states have a procedure where all of its residents may obtain permits, upon a criminal background search and the completion of training. The New York State Rifle and Pistol Association is currently working on proposed legislative changes to New York’s current licensing procedure, that will require the state to apply an “objective standard” to applicants. The bill, although not quite specific yet, would eradicate the several restictive classes of possession and would make each resident eligible to obtain a license.

Whether the new changes will render any significant results is left to be seen. It is too soon to make any such determination. One thing is clear, however, is that the stiffer sentences are being imposed. The procedural laws, based on the U.S. and New York Constititutions, are still intact, so an accused may have a chance if his Fourth, Fifth or Sixth Amendment rights were violated during the arrest process.

Appearing in New York’s Family Courts can be quite an experience. Family Court is the venue replete with emotional turmoil, psychological chaos and sometimes outright bruhahas. But for the person bringing the Family Court proceeding or with a real interest in prevailing in their cause, it is essential to adapt to the climate. Although most people have no idea of what the experience will entail, many have been apprised of the characters, their roles and the “production” they will partake in.

Family Court etiquette is not a procedural or substantive rule written in a handbook or posted on the walls. It is an unspoken course of conduct adhered to by the most savvy at assuming the roles bestowed upon them. Here are some very helpful tips:

1. Always arrive on time. It is in one’s best interest to arrive as early as possible. For most of us spending an entire day in any court is not our ideal way of spending the day when “playing hookie” from work.

2. Check your emotions at the door. We all know how volatile most situations are that lead you to Family Court. However, your ability to keep your emotions in check when presenting your case or defending it, is a factor considered when deciding something as important as the most suitable environment for a child to be reared.

3. There are no enemies in the courtroom. The sooner you realize that no one is “out to get you” the easier it is to uncover the facts and address the real issues.

4. The truth always comes out, so it is better if it comes from you. Most judges have seen it all and heard it all before. They have professional and personal experiences that allows them to discern which party is being more candid than the other. Lying is not countenanced by any of the judges.

5. Have realistic objectives. Many people go into the courtroom expecting to have their case resolved in one day. We are talking about the lives of our children, some of these decisions will affect them for the rest of their lives, they just cannot be resolved in a day.

6. If you don’t understand ask questions. The worst thing you can do to sabbotage your own case is to be unclear of what it is you were directed to do or not to do. No one will fault you for not knowing but you will be faulted for failing to ask when you do not know.

7. Know the role of each player. Everyone in your case plays a particular role. The referee is the judge, the parents are the parties and the lawyers/law guardians are the advocates. The children have no role inside of the courtroom so leave them out of it.

8. Believe it or not, the two of you still have some common interest. Although the relationship might be over, the bond two parents have is lifelong. Not until the child reaches the age of 18, but way beyond.

9. No two cases are alike. Do not expect to have the same outcome as someone else’s. Every circumstance, situation or fact surrounding your case is different. You can’t compare your case with someone else’s no matter how similar they may be.

10. Your child may eventually grow up to be you. Remember your child is likely to mimick everything he/she sees. So the way you present yourself and express your thoughts will be mirrored by your child.

Although there is no sure fire way to help you win your Family Court case, following these practical tips can certainly help you to prepare.

For specific instructions on a particular court, it is always advisable to go to website at courts.state.ny.us

New York is one of the few states that still requires there be a finding of fault or that both spouses agree by way of a separation agreement (which also requires the parties live separate and apart) to be granted a divorce. Unfortunately, couples who are desperate enough either make up allegations to meet one of the “fault” grounds or they have to completely fabricate some of the circumstances to meet the legal criteria for Uncontested Divorce, such as constructive abandonment. Constructive abandonment requires that the parties not have had sexual intimacy for a period of one year prior to the commencement of the divorce, due to know fault of the plaintiff spouse. A year ago that the state enact a no-fault divorce law, with the stipulation that all economic issues would have to be resolved before granting a divorce. Uncontested divorces make up approximately 70% of all divorces granted in New York, as of 2004, the most recent statistics available. And more than one-half of these divorces are granted on the ground of constructive abandonment.

“By enacting a no-fault statute, New York law would be consistent with that of virtually every other state in allowing a marriage to be dissolved without a lengthy wait or requiring one party to cast blame upon the other,” according to Cara Matthew, from the Albany Bureau.

Legislation to reduce the separation period to three months - a step toward no-fault - passed the Assembly 88-53 on June 6 but languished in the Senate, where it was “not a burning issue for anybody,” said Sen. John DeFrancisco, R-Syracuse, its sponsor. Bills to allow no-fault divorce based on “irreconcilable differences” died in legislative committees.
The massive number of Assembly “no” votes, were based on religious opposition and concerns that the bill could harm women’s finances. DeFrancisco said he received calls from Assembly Democrats urging him not to pass the bill. They said things like, “I was against it here because women need more time than three months, and under an agreement at least you could see how it’s going to work out,” he said.

Although many women’s groups oppose the no-fault divorce because they believe it would leave the non-moneyed spouse, usually the woman, with no binding agreement for the spouse to provide continued financial support for his family, there are some who strongly agree that the new law is long overdue. Many domestic violence advocates believe that it would take away some of the control the moneyed spouse has by not using their willingness to agree as leverage against their spouse.

Hopefully, the bill will pass so that victims can extricate themselves from the tutelage of a volatile marriage, residents are not compromising their beliefs or morals by fabricating the circumstances of their case, the financial impact imposed on all parties involved are minimized and one can move on with their lives.

New York has recently promulgated a law that gives domestic violence victims one less thing to worry about. Although the social, mental and physical impacts of domestic violence cases are ubiquitious, many are still oblivious to the fact that there are huge financial and economical burdens imposed upon victims as well. Not to mention, one not so obvious forms of domestic violence is withholding or controlling the finances, depriving the victim of getting or providing for their most basic needs. Particularly, many victims have little or no means to provide for their living expenses, therefore relying solely on their aggressor for such support. So when that victim wants to get out of their current living situation, either for financial reasons or safety reasons, they are very often forced to stay.

In New York, many residential leases rarely give tenants the freedom to voluntarily extricate themselves from the legal obligations of the lease without consequences. New York law prohibits a tenant from “breaking” a lease except in rare circumstances. For instance, a tenant can not leave an apartment during the middle of a leasehold because he or she does not feel the neighborhood is safe. If he or she chooses to leave the apartment, there is the strong possibility of facing lawsuits, bigger finacial burdens and a blemish on their credit history. However, if that same tenant chooses to leave because the apartment itself is unsafe or uninhabitable, then he or she may have a legitimate defense for breaking the lease if the landlord commences a proceeding in Housing Court. In many cases, victims of domestic violence have been forced to continue to live in perpetual danger because of these very probable consequences. Alternatively, they have no choice but to abandon the apartment in an effort to relocate to a safer place, which makes them vulnerable to litigation brought by the landlord.

Well as of August 2, 2007 the new law comes into effect.

Chapter 73 of the Laws of 2007 amends the Real Property Law by adding a
new §227-c, which provides that, as to any lease or rental agreement
covering premises occupied for dwelling purposes, a lessee or tenant for
whose benefit an order of protection has been issued shall be permitted
to terminate such lease or rental agreement, and quit and surrender
possession of the premises and land and be released from any liability
to pay rent or other payments for the time subsequent to the date of
termination of such lease.

The lessee or tenant may, on ten days’ notice to the lessor or owner of
the premises, seek an order of the court that issued the order of
protection authorizing such lessee or tenant to terminate the lease or
rental agreement. The lessor or owner shall be afforded an opportunity
to be heard by the court and express opposition to the issuance of a
termination order. The court shall issue such order only if the lessee
or tenant establishes that: (i) there continues to exist a substantial
risk of physical or emotional harm to such person or such person’s child
from the party covered by the order of protection if the parties remain
in the premises, and that relocation will substantially reduce such
risk; (ii) the lessee or tenant attempted to secure the voluntary
consent of the lessor or owner to terminate the lease or rental
agreement and the lessor or owner refused; and (iii) that the lessee or
tenant is acting in good faith.

The court shall condition the granting of the order on, inter alia, the
lessee or tenant’s timely payment of all sums due and delivery of the
premises in accordance with the terms of the lease. Any agreement by a
lessee or tenant waiving or modifying these rights shall be void as
contrary to public policy.

Another major advance in addressing the many ancillary issues that victims of domestic violence deal with daily.

new-law-on-lease-.txt