By Anne AyotteZMO Law PLLC Paralegal Specialist An Eastern District of New York judge has joined SDNY Judge Jesse Furman in refusing to send a defendant to the Metropolitan Detention Center because of the abhorrent, violent conditions at New York City’s only jail for people accused of federal crimes. On August 5th, defendant Daniel Colucci …
Sentencing
Justice Behind Bars: Judge Furman calls out the nightmarish conditions at the Brooklyn MDC
By Emily Furman While most New Yorkers enjoy their Easter and Passover meals this Spring, dozens of MDC Brooklyn detainees endure a different kind of cuisine— dishes tainted by maggots and weevils, according to reports by several Federal Defenders. Despite MDC officials confirming such gross contaminations, inmates continue to be served insect-laden meals. Bug-infested food …
Chief Judge Wilson, Restorative Justice, and Keeping Your Cool on New York’s Streets
By Emily Furman Remember Dustin Hoffman’s iconic “I’m walkin’ here!”? It’s a phrase on the tongue of every New Yorker, but a recent New York State court decision has given street hollers a new level of seriousness. In 2017, Mr. Fabian Greene was convicted of one count of fourth degree larceny and two counts of …
Governor Hochul vetoed bills aimed to curb police misconduct and overturn wrongful convictions
By Tess Cohen At the end of the year, Governor Hochul vetoed two hard fought bills advocated for by criminal justice reformers. Though the signing of Clean Slate remains a huge win for advocates, two bills aimed directly at injustices in the system were rejected by the Governor over the winter holidays. The first seems …
A kind of justice
By Zach Margulis-Ohnuma She sat in front of me, bald, shellshocked, speechless, drug addled. The government had charged her with moving massive quantities of GBL and meth, gal Friday to a big-time drug dealer working the nightclubs. She was looking at a ten-year mandatory minimum sentence, no bail. The plan was to send her to …
What the sentences for child pornography are supposed to be
We heard a lot in the last week about judges who sentence people to too little prison time for child pornography. In case it was not obvious coming from foamy-mouthed demagogues in what was once the world’s greatest deliberative body, it was all hogwash. Child pornography sentences are off-the-charts too high in almost every case. …
Federal Mandatory Minimum? You can still get compassionate release
By Tess Cohen The Second Circuit recently decided in United States v. Halvon that federal defendants can have their sentence reduced under the compassionate release statute even if the reduction means they are incarcerated for less time than required by mandatory minimum sentences. This is good news for people convicted of serious federal crimes. The …
What Do District Attorney Alvin Bragg’s New Policies Mean for Manhattan?
By Tess Cohen Manhattan has a new district attorney who is introducing change on a scale not seen in decades, but reactions to the changes have been overblown, if not alarmist. DA Bragg’s Day One Memo explains that his policies are based on data proving reflexive incarceration does not make us safer. As the New …
Is the Kenosha verdict a tragedy?
By Zachary Margulis-Ohnuma The second major Black Lives Matter verdict is in, and it was an acquittal. After the first verdict, the murder conviction of Minneapolis Police Officer Derek Chauvin for intentionally asphyxiating George Floyd, the Rev. Al Sharpton said “we don’t celebrate a man going to jail, we would rather George be alive.” Many …
The Dangers of False Rhetoric Around Bail Reform
By Tess Cohen CBS New York recently reported that New York City Police Commissioner Dermot Shea struggled to back up his repeated claims that the 2019 bail reform law is the reason that gun violence increased in New York City during 2020. This criticism comes as no surprise given that Shea’s claims were directly contradicted …
Recidivism and Federal Sentencing
By Zachary Margulis-Ohnuma Many of the outrageously high sentences doled out in federal court are driven by fear — fear that a person convicted of a crime once will go on to commit another crime once he or she is freed back into the community. That’s called recidivism. Judges care about it and the U.S. …
Some thoughts on Mother’s Day from a criminal defense lawyer
BY ZACHARY MARGULIS-OHNUMA One thing every single one of my clients has in common is that they all have a mother. That’s one of the many responses I give when asked the iconic question, how can you defend criminals when you know they are guilty? In many of our cases, moms play an outsized role. …
The end of police propaganda? New NYPD crime statistics show the sky is not falling
Guest Post by Adam Elewa, Esq. New York implemented historic and significant criminal justice reform in 2020, including a bail reform bill that led to a “substantial reduction in jail incarceration,” a discovery reform bill that replaced one the most restrictive discovery laws in the nation (what used to be known as the “blindfold law”), …
A New Way to Avoid Mandatory Minimum Sentences
By Zachary Margulis-Ohnuma Federal criminal cases in court are driven by mandatory minimum sentences. Drugs, guns, child pornography and sex trafficking (among others) all carry mandatory minimum sentences which used to mean that, if the government has the evidence and won’t let you plead to a lesser crime, you do the time. That just might have changed …
Gov. Andrew Cuomo announces executive clemency for ZMOLAW client
By Zachary Margulis-Ohnuma We are pleased to announce that the governor of New York has granted a sentence commutation to our client, Teara Fatico, reducing her sentence in connection with a 2011 burglary by two years. She will be eligible for release on parole in January 2021. Ms. Fatico had cooperated with the Niagara County …
ZMOLAW adds attorney Ben Notterman
By Zachary Margulis-Ohnuma We are delighted to announce that Benjamin Notterman has joined the ZMO Law PLLC as an associate attorney. Mr. Notterman comes to us from the New York University Center on the Administration of Criminal Law, where he was a research fellow investigating executive clemency under the direction of Prof. Rachel Barkow. As …
“Release as many vulnerable people as possible”
By Zachary Margulis-Ohnuma New York City is home to it’s own archipelago of three federal jails, three borough jails, eight functioning jails on Rikers Island, two locked prison wards, and lockup facilities in each of seven state and federal criminal courthouses in the five boroughs. The best estimate is that there are upwards of 10,000 …
Criminal Defense in the Time of Coronavirus
By Zachary Margulis-Ohnuma I often say that our clients come to us on the worst day of their lives, the day they are arrested, or learned that a loved one was arrested and may be separated from them for a very long time. As the world faces a health crisis whose proportions remain unknown, the …