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How Someone with a Lengthy Criminal History Can Pass Background Checks in New York

Navigating the complexities of criminal records and background checks can be particularly challenging for individuals with extensive criminal histories. In New York, state laws provide several mechanisms that can enable someone with numerous arrests and even serious charges, such as murder, to pass background checks, especially in employment scenarios. Arrests…

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Is It Legal to Record a Threatening Roommate in a New York Homeless Shelter?

Living in a homeless shelter can present numerous challenges, including sharing close quarters with individuals who may not always act in your best interest. In situations where a roommate becomes threatening, understanding your legal rights and options is crucial for ensuring your safety and protecting yourself legally. One common concern…

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People v. Gowdy, 2013 NY Slip Op 50263(U),

Forcible touching in New York refers to the act of intentionally and forcibly touching another person’s intimate parts without their consent. This offense is addressed under New York Penal Law Section 130.52. Under this statute, a person commits forcible touching when they intentionally touch another person’s intimate parts, such as…

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Court considered whether evidence was sufficient to support a possesion of child pornography conviction. People v. Kent, 2012 N.Y. Slip Op. 3572 (N.Y. 2012)

Promoting and possessing sexual performances by a child in New York is a sex crime involving to the production, distribution, or possession of material depicting sexual conduct involving minors. The statute governing this offense is found in Article 263 of the New York Penal Law. Under this law, promoting a…

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Criminal Court considered whether to dismiss indecent exposure charges. People v. Orimogunje, 35 Misc. 3d 639 (N.Y. Crim. Ct. 2012)

Indecent exposure in New York refers to the act of publicly exposing one’s private parts in a manner considered offensive or inappropriate. This offense is addressed under New York Penal Law Section 245.01. Under this statute, a person commits indecent exposure when they intentionally expose their private parts in a…

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Case involving sexual assault and mistaken identity. People v. Hough, 159 Misc. 2d 997 (N.Y. Dist. Ct. 1994)

People v. Hough is about a sexual assault and mistaken belief.  Mistaken belief refers to a situation where someone holds a belief or understanding about a particular fact or circumstance that turns out to be incorrect. In other words, it involves being mistaken or wrong about something. This can happen…

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Court reviewed risk level assessment for sex offender registration. People v. Rhodehouse, 88 A.D.3d 1030 (N.Y. App. Div. 2011).

In New York, the Sex Offender Registration Act (SORA) requires individuals convicted of certain sex offenses to register as sex offenders with the Division of Criminal Justice Services. SORA aims to enhance public safety by providing law enforcement agencies with information about the whereabouts of convicted sex offenders living in…

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Court reviewed the meaning of consent in the context of an incapacitated complainant. People v. Worden, 980 N.Y.S.2d 317 (N.Y. 2013)

Rape in the third degree in New York occurs when a person engages in sexual intercourse with another person without that person’s consent. This lack of consent can result from various factors, such as the victim being unable to give consent due to incapacitation from drugs or alcohol. Additionally, if…

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Can a defendant be found guilty of rape based on lack of consent due to voluntary intoxication? People v. Johnson, 12 N.E.3d 1109 (N.Y. 2014)

In New York, lack of consent to sex due to incapacitation means being unable to make decisions or control actions because of drugs or alcohol. According to Penal Law § 130.05(2)(d), a person cannot consent if they clearly express unwillingness to engage in the act, and a reasonable person would…

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