New York Petit Theft, Shoplifting, Burglary and Robbery Attorney 
In New York the police will charge a person with burglary even when physical “breaking and entering”  does not take place, so for example if someone used a fishing pole to pull an article out of an apartment through an open window, then they would be charged with burglary. Thus, Burglary actually involves entering any type of structure such as an apartment, house, mobile home, boat, car, truck or office or business place. It would be considered burglary if a person were to enter by any means, including using keys, climbing through an unlocked or broken window or even opening an unlocked door. Unlike the common parlance, a burglary does not involve taking from a person, that would be a Robbery.

There are basically six categories categories of burglary in New York State: Burglary in the first degree; or as it is commonly referred to "Burglary 1" and Burglary in the second degree or "Burglary 2." Burglary in the third degree or Burglary 3. Burglary in the fourth degree or Burglary 4, and then there is "attempted Burglary" and the possession of Burglary tools such as a lock pick or a spark plug used to break windows. Burglary Crimes in New York which the law categorizes as felonies are Burglary levels 1-4. The remaining Burglary crimes are misdemeanors, which are less serious under the law. The felonies are rated with Burglary are in ascending order, the 1st degree being the highest.  It is quite confusing and redundant in New York but the next level is a B felony which can carry up to 25 years on prison, going all the way down to an E felony.

Here are some of the relevant New York Laws relating to burglary:

New York Penal - Article 140 - Burglary and Related Offenses
 § 140.20 Burglary in the third degree. A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony in New York State

§ 140.25 Burglary in the second degree. A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling. Burglary in the second degree is a class C felony.

§ 140.30 Burglary in the first degree. A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime: 1. Is armed with explosives or a deadly weapon; or 2. Causes physical injury to any person who is not a participant in the crime; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime. Burglary in the first degree is a class B felony.

§ 140.35 Possession of burglar's tools. A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character. Possession of burglar's tools is a class A misdemeanor.

§ 140.40 Unlawful possession of radio devices. As used in this section, the term "radio device" means any device capable of receiving a wireless voice transmission on any frequency allocated for police use, or any device capable of transmitting and receiving a wireless voice transmission. A person is guilty of unlawful possession of a radio device when he possesses a radio device with the intent to use that device in the commission of robbery, burglary, larceny, gambling or a violation of any provision of article two hundred twenty of the penal law.
Unlawful possession of a radio device is a class B misdemeanor.

Burglary, generally, is when a person unlawfully goes into a dwelling and the purpose of the entry is to engage in a criminal act above and beyond the illegal entry.  In general, theft is the unlawful taking of somebody's stuff. But theft charges can be charged on different levels, from misdemeanor which are less serious to felony charges. If you are arrested for a theft related crime with a gun in New York, then you will probably be charged with a crime in New York called aggravated burglary which involves more serious penalties in New York.

At Common Law burglary was the trespassory (without permission) breaking and entering of the dwelling of another at night with an intent to commit a felony therein. For example if one where to break into a house to steal a gun, that would qualify as burglary. If you are convicted of burglary in New York you may be sentenced to jail or prison for many years, fines, restitution, community service, probation and/or parole.  The common-law elements of the offense have been modified in most jurisdictions by statutes that tend to make the crime less restrictive. The crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. If you are arrested for or are being investigated for the crime of theft in Rockland, Westchester, Orange County, Manhattan, Bronx, Brooklyn or Queens, New York. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. Originally under English Common Law burglary was limited to entry in residences at night, but it has been expanded to all criminal entries into any building, or even into a vehicle.

Today however, Burglary may be charged in New York as either a state or federal offense. It is extremely crucial to the outcome of your case that if you have been accused of burglary you speak to a New York burglary attorney immediately. A knowledgeable attorney can help to make sure that your rights are not violated by law enforcement and state or federal prosecutors. Since many burglary cases do not involve any witnesses, prosecutors often rely heavily on surveillance video and crime scene evidence to obtain a conviction.  Under Common Law Burglary was traditionally an offense against possession and habitation. 

I handle a wide range of theft related defense cases in New York State, in New York City and upstate New York courts including the defense against charges of: Armed robbery, possession of burglary tools, bad checks Burglary on a dwelling, Embezzlement, Forgery, Identity theft, Possession of stolen property, Robbery including purse snatching, Shoplifting from stores.

New York Robbery Attorney - Basic Robbery Law in New York State

§ 160.00 Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of: 1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or 2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.  

§ 160.05 Robbery in the third degree. A person is guilty of robbery in the third degree when he forcibly steals property. Robbery in the third degree is a class D felony. 

§ 160.10 Robbery in the second degree. A person is guilty of robbery in the second degree when he forcibly steals property and when: 1. He is aided by another person actually present; or 2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law. Robbery in the second degree is a class C felony. 

§ 160.15 Robbery in the first degree. A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight there from, he or another participant in the crime: 1. Causes serious physical injury to any person who is not a participant in the crime; or 2. Is armed with a deadly weapon; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime. Robbery in the first degree is a class B felony.

New York Grand Larceny Crimes

§ 155.30 Grand Larceny in the fourth degree.
    A  person  is  guilty  of  grand  larceny in the fourth degree when he
  steals property and when:     1. The value of the property exceeds one thousand dollars; or     2. The property consists of a public  record,  writing  or  instrument   kept,  filed or deposited according to law with or in the keeping of any   public office or public servant; or     3. The property consists of secret scientific material; or     4. The property consists of a credit card or debit card; or     5. The property, regardless of its nature and value, is taken from the   person of another; or     6. The property, regardless of its nature and value,  is  obtained  by   extortion; or     7.  The property consists of one or more firearms, rifles or shotguns,   as such terms are defined in section 265.00 of this chapter; or     8. The value of the property  exceeds  one  hundred  dollars  and  the   property  consists of a motor vehicle, as defined in section one hundred   twenty-five of the vehicle and traffic law, other than a motorcycle,  as   defined in section one hundred twenty-three of such law; or     9. The property consists of a scroll, religious vestment, a vessel, an   item   comprising   a   display  of  religious  symbols  which  forms  a   representative expression of  faith,  or  other  miscellaneous  item  of   property which:     (a) has a value of at least one hundred dollars; and     (b)  is  kept  for or used in connection with religious worship in any   building, structure or upon the curtilage of such building or  structure   used  as  a  place  of  religious worship by a religious corporation, as   incorporated under the religious corporations law or the education law.     10. The property consists of an access device which the person intends   to use unlawfully to obtain telephone service.     11. The property consists of anhydrous ammonia  or  liquified  ammonia   gas  and  the  actor  intends to use, or knows another person intends to   use, such anhydrous ammonia or  liquified  ammonia  gas  to  manufacture   methamphetamine.     Grand larceny in the fourth degree is a class E felony. 

§ 155.35 Grand larceny in the third degree.     A person is guilty of grand larceny in the third degree when he or she   steals property and:     1. when the value of the property exceeds three thousand dollars, or     2.  the  property is an automated teller machine or the contents of an   automated teller machine.     Grand larceny in the third degree is a class D felony.   § 155.40 Grand larceny in the second degree.     A  person  is  guilty  of  grand  larceny in the second degree when he   steals property and when:     1. The value of the property exceeds fifty thousand dollars; or     2. The property, regardless of its nature and value,  is  obtained  by   extortion committed by instilling in the victim a fear that the actor or   another  person  will  (a)  cause  physical injury to some person in the   future, or (b) cause damage  to  property,  or  (c)  use  or  abuse  his   position as a public servant by engaging in conduct within or related to   his  official  duties,  or by failing or refusing to perform an official   duty, in such manner as to affect some person adversely.     Grand larceny in the second degree is a class C felony.

§ 155.42 Grand larceny in the first degree.     A person is guilty of grand larceny in the first degree when he steals   property and when the value of the property exceeds one million dollars.     Grand larceny in the first degree is a class B felony.

Petit Larceny

§ 155.05 Larceny; defined. 1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof. 2. Larceny includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subdivision one of this section, committed in any of the following ways: (a) By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses; (b) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; (c) By committing the crime of issuing a bad check, as defined in section 190.05; (d) By false promise. A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct. In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed; (e) By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (i) Cause physical injury to some person in the future; or (ii) Cause damage to property; or (iii) Engage in other conduct constituting a crime; or (iv) Accuse some person of a crime or cause criminal charges to be instituted against him; or (v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or (vi) Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or (vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or (ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

Here is a sample Petit Larceny I got dismissed.  Larceny often goes along with  Possession of Stolen Property:

Here is a sample burglary charge  Larceny often goes along with  Possession of Stolen Property:
§ 165.40 Criminal possession of stolen property in the fifth degree. Aperson is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. Criminal possession of stolen property in the fifth degree is a class A misdemeanor.

§ 165.45 Criminal possession of stolen property in the fourth degree. A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when: 1. The value of the property exceeds one thousand dollars; or 2. The property consists of a credit card, debit card or public benefit card; or 3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or 4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or 5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or 6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law. 7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine. Criminal possession of stolen property in the fourth degree is a class E felony.

§ 165.50 Criminal possession of stolen property in the third degree. A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars. Criminal possession of stolen property in the third degree is a class D felony.

 § 165.52 Criminal possession of stolen property in the second degree. A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars. Criminal possession of stolen property in the second degree is a class C felony.

§ 165.54 Criminal possession of stolen property in the first degree. A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars. Criminal possession of stolen property in the first degree is a class B felony.

and finally, one of my favorite crimes in NY   § 165.25 Jostling.     A   person  is  guilty  of  jostling  when,  in  a  public  place,  he   intentionally and unnecessarily:     1. Places his hand in the proximity of a person's pocket  or  handbag;   or     2.  Jostles  or  crowds another person at a time when a third person's   hand is in the proximity of such person's pocket or handbag.     Jostling is a class A misdemeanor.

A appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 Charge in Airmont Village Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in Ardsley Village Court or, a disorderly conduct- NY Penal Code Section 240.20 charge in Avenue Pound Ridge or, a exposure of a person- NY Penal Code Section 245.01 charge in Bedford Town Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in Blooming Grove Town Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in Briarcliff Manor Village Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in Bronxville Village Court or, a loitering- NY Penal Code Section 240.35 charge in Buchanan Village Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in Chester Town Court or, a offensive exhibition- NY Penal Code Section 245.05 charge in Chester Village Court or, a promoting the exposure of a person- NY Penal Code Section 245.02 charge in Chestnut Ridge Village Court or, a trespass- NY Penal Code Section 140.05 charge in Clarkstown Town Court or, a unlawful possession of a weapon upon school grounds- NY Penal Code Section 265.06 charge in Cornwall Town Court or, a unlawful possession of marijuana- NY Penal Code Section 221.05 charge in Cortlandt Town Court or, a unlawful prevention of public access to records- NY Penal Code Section 240.65 charge in Crawford Town Court or, a unlawfully posting advertisements- NY Penal Code Section 145.30 charge in Croton-on-Hudson Village Court or, a appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 charge in Deerpark Town Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in DMV Refusal Hearing (Rockland County) or, a disorderly conduct- NY Penal Code Section 240.20 charge in DMV Suspension Hearing or, a exposure of a person- NY Penal Code Section 245.01 charge in Dobbs Ferry Village Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in Eastchester Town Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in Elmsford Village Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in Florida Village Court or, a loitering- NY Penal Code Section 240.35 charge in Goshen Town Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in Goshen Village Court or, a offensive exhibition- NY Penal Code Section 245.05 charge in Grand View-on-Hudson Village Court or, a promoting the exposure of a person- NY Penal Code Section 245.02 charge in Grandview Justice Court or, a trespass- NY Penal Code Section 140.05 charge in Greenburgh Town Court or, a unlawful possession of a weapon upon school grounds- NY Penal Code Section 265.06 charge in Greenville Town Court or, a unlawful possession of marijuana- NY Penal Code Section 221.05 charge in Greenwood Lake Village Court or, a unlawful prevention of public access to records- NY Penal Code Section 240.65 charge in Hamptonburgh Town Court or, a unlawfully posting advertisements- NY Penal Code Section 145.30 charge in Harriman Village Court or, a appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 charge in Harrison Town Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in Hastings-on-Hudson Village Court or, a disorderly conduct- NY Penal Code Section 240.20 charge in Haverstraw Town Court or, a exposure of a person- NY Penal Code Section 245.01 charge in Haverstraw Village Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in Highlands Town Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in Hillburn Village Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in Irvington Village Court or, a loitering- NY Penal Code Section 240.35 charge in Larchmont Village Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in Lewisboro Town Court or, a offensive exhibition- NY Penal Code Section 245.05 charge in Mamaroneck Town Court or, a promoting the exposure of a person- NY Penal Code Section 245.02 charge in Mamaroneck Village Court or, a trespass- NY Penal Code Section 140.05 charge in Maybrook Village Court or, a unlawful possession of a weapon upon school grounds- NY Penal Code Section 265.06 charge in Middletown City Court or, a unlawful possession of marijuana- NY Penal Code Section 221.05 charge in Minisink Town Court or, a unlawful prevention of public access to records- NY Penal Code Section 240.65 charge in Monroe Town Court or, a unlawfully posting advertisements- NY Penal Code Section 145.30 charge in Monroe Village Court or, a appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 charge in Montgomery Town Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in Montgomery Village Court or, a disorderly conduct- NY Penal Code Section 240.20 charge in Mount Hope Town Court or, a exposure of a person- NY Penal Code Section 245.01 charge in Mount Kisco Town Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in Mount Pleasant Town Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in Mt. Vernon City Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in New Castle Town Court or, a loitering- NY Penal Code Section 240.35 charge in New Hempstead Village Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in New Rochelle City Court or, a offensive exhibition- NY Penal Code Section 245.05 charge in New Square Village Court or, a promoting the exposure of a person- NY Penal Code Section 245.02 charge in New Windsor Town Court or, a trespass- NY Penal Code Section 140.05 charge in Newburgh Town Court or, a unlawful possession of a weapon upon school grounds- NY Penal Code Section 265.06 charge in North Castle Town Court or, a unlawful possession of marijuana- NY Penal Code Section 221.05 charge in North Salem Town Court or, a unlawful prevention of public access to records- NY Penal Code Section 240.65 charge in North Tarrytown Village Court or, a unlawfully posting advertisements- NY Penal Code Section 145.30 charge in Nyack Village Court or, a appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 charge in Orangetown Town Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in Ossining Town Court or, a disorderly conduct- NY Penal Code Section 240.20 charge in Ossining Village Court or, a exposure of a person- NY Penal Code Section 245.01 charge in Otisville Village Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in Peekskill City Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in Pelham Town Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in Piermont Village Court or, a loitering- NY Penal Code Section 240.35 charge in Pleasantville Village Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in Port Chester Village Court or, a offensive exhibition- NY Penal Code Section 245.05 charge in Port Jervis City Court or, a promoting the exposure of a person- NY Penal Code Section 245.02 charge in Pound Ridge Town Court or, a trespass- NY Penal Code Section 140.05 charge in Ramapo Town Court or, a unlawful possession of a weapon upon school grounds- NY Penal Code Section 265.06 charge in Rockland County Court or, a unlawful possession of marijuana- NY Penal Code Section 221.05 charge in Rye City Court or, a unlawful prevention of public access to records- NY Penal Code Section 240.65 charge in Rye Town Court or, a unlawfully posting advertisements- NY Penal Code Section 145.30 charge in Scarsdale Town Court or, a appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 charge in Scarsdale Village Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in Sleepy Hollow Village Court or, a disorderly conduct- NY Penal Code Section 240.20 charge in Sloatsburg Village Court or, a exposure of a person- NY Penal Code Section 245.01 charge in Somers Town Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in South Nyack Village Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in Spring Valley Village Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in Stony Point Town Court or, a loitering- NY Penal Code Section 240.35 charge in Suffern Village Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in Tarrytown Village Court or, a offensive exhibition- NY Penal Code Section 245.05 charge in Tuckahoe Village Court or, a promoting the exposure of a person- NY Penal Code Section 245.02 charge in Tuxedo Park Village Court or, a trespass- NY Penal Code Section 140.05 charge in Tuxedo Town Court or, a unlawful possession of a weapon upon school grounds- NY Penal Code Section 265.06 charge in Unionville Village Court or, a unlawful possession of marijuana- NY Penal Code Section 221.05 charge in Upper Nyack Village Court or, a unlawful prevention of public access to records- NY Penal Code Section 240.65 charge in Walden Village Court or, a unlawfully posting advertisements- NY Penal Code Section 145.30 charge in Wallkill Town Court or, a appearance in public under the influence of narcotics or a drug other than alcohol- NY Penal Code Section 240.40 charge in Warwick Town Court or, a criminal solicitation in the fifth degree- NY Penal Code Section 100.00 charge in Warwick Village Court or, a disorderly conduct- NY Penal Code Section 240.20 charge in Washingtonville Village Court or, a exposure of a person- NY Penal Code Section 245.01 charge in Wawayanda Town Court or, a failing to respond to an appearance ticket- NY Penal Code Section 215.58 charge in Wesley Hills Village Court or, a harassment in the second degree- NY Penal Code Section 240.26 charge in West Haverstraw Village Court or, a hazing in the second degree- NY Penal Code Section 120.17 charge in White Plains City Court or, a loitering- NY Penal Code Section 240.35 charge in Woodbury Town Court or, a misconduct by a juror in the second degree- NY Penal Code Section 215.28 charge in Yonkers City Court - Traffic Part or, a offensive exhibition- NY Penal Code Section 245.05 charge in Yonkers Criminal Court or, or a promoting the exposure of a person- NY Penal Code Section 245.02 charge in Yorktown Town Court, then give me a call right away.

Florida: A Florida man who was arrested for drunk driving had to deal with getting arrested and attacked by his pet squirrel at the same time so he says. Warren Thomas Michael 23 said "he had a squirrel eating him" when officers pulled him over on Saturday night in Fleming Island Fla. according to the arrest report. "The defendant pointed out a small squirrel he had wrapped under his shirt " Police Officer JC Saunders wrote. Michael talked about his squirrel with slurred mumbled and profanity-laden speech. His bloodshot eyes appeared glassy above his red cheeks the report describes.

"After some discussion about the squirrel " Officer Saunders explained why he pulled Michael over. Earlier Michaels car allegedly swerved in and out of lanes ran off the road and almost hit someone. That person called the authorities. When Saunders arrived he reportedly witnessed Michaels car weave back and forth and cross the fog line onto the grass. Michael could not answer the officers simple questions while looking for his license and registration. The police also smelled alcohol so he had "the defendant secure the squirrel" and go through sobriety tests.
The defendant Michael was arrested and taken to Clay County Jail where he was charged with driving under the influence and driving without a seat belt. He also received a written warning for driving a vehicle in unsafe conditions. Michaels pet squirrel and vehicle were released to his girlfriend.

CAMDEN NJ USA—A Camden County man today admitted concealing from law enforcement authorities information about a home invasion and kidnapping that led to the death of an Atlantic City woman U.S. Attorney Paul J. Fishman announced. Ronnie Ruffin 43 of Lindenwold New Jersey pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to in information charging him with one count of misprison of a felony. According to documents filed in this case and statements made in court: Ronnie Ruffin was arrested October 18 2011. Prior to his arrest he had learned that on March 26 2011 Nadirah Ruffin (no relation) was the victim of a home invasion and was kidnapped from Atlantic City New Jersey. Ronnie Ruffin also learned Nadirah Ruffin was driven to Philadelphia shot and killed. Her body was found in the Schuylkill River on April 19 2011. Ronnie Ruffin admitted that before his arrest that he had learned the home invasion and kidnapping of Nadirah Ruffin were orchestrated to retaliate for an assault on another individual. After Ronnie Ruffin was arrested he gave a statement to an FBI special agent and a Atlantic City Police Department detective in which he concealed and failed to immediately make known that he knew the identities of the individuals involved in the home invasion and kidnapping. The charges to which Ronnie Ruffin pleaded guilty carry a maximum potential penalty of three years in prison and a fine of $250 000. Sentencing is scheduled for January 10 2013. U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Michael B. Ward; investigators from the Atlantic County Prosecutor’s Office under the direction of Acting Prosecutor James P. McClain; and detectives from the Atlantic City Police Department under the direction of Deputy Chief Ernest Jubilee Commander of the Atlantic City Police Department for the investigation leading to today’s guilty plea. The government is represented by Assistant U.S. Attorneys Jason M. Richardson and Matthew T. Smith of the U.S. Attorney’s Office Criminal Division in Camden.

Medicare Fraud Strike Force operations in seven cities have led to charges against 91 people—including doctors nurses and other licensed professionals—for their alleged participation in Medicare fraud schemes involving $429.2 million in false billing. FBI Associate Deputy Director Kevin Perkins joined Attorney General Eric Holder Health and Human Services Secretary Kathleen Sebelius and other government officials at a Washington D.C. press conference announcing the takedown. The largest number of defendants were charged in Miami—a total of 33 for their alleged participation in various fraud schemes involving a total of $204.5 million in false billings for home health care mental health services occupational and physical therapy and durable medical equipment. Other defendants were charged in Los Angeles (16) Brooklyn (15) Dallas (14) Baton Rouge (4) and Chicago (2). According to court documents defendants were charged in schemes to submit claims to Medicare for treatments that were medically unnecessary and often never provided. In many cases patient recruiters Medicare beneficiaries and others were allegedly paid kickbacks in return for supplying beneficiary information to the providers who submitted the fraudulent claims. Perkins who called the strike force’s partnerships “a critical piece of our strategy” to “protect the integrity of Medicare and the health care system at large ” also offered steps that the public—especially Medicare and Medicaid beneficiaries and their family members—can take to help prevent fraud: Beware of suspicious activity including marketers offering money gifts or free services to patients; Review explanation of benefits forms sent by your insurance company (and contact your company immediately if you see any suspect billings); Protect your insurance card information the same way you would protect your credit card information;

NEWARK—A Newark New Jersey man made his initial court appearance today following his arrest in connection with two bank robberies U.S. Attorney Paul J. Fishman announced. Alfred Ferguson 55 is charged by complaint with two counts of bank robbery. The defendant appeared today before U.S. Magistrate Judge Madeline Cox-Arleo in Newark federal court. He was ordered detained without bail. According to the complaint: Ferguson allegedly robbed the Garden State Community Bank in Newark on September 17 2012 and October 9 2012. Ferguson used a similar procedure for both robberies: after entering the bank wearing a red bandana over the lower part of his face Ferguson would verbally threaten the bank teller vault over the glass partition and empty money from bank tellers’ drawers. Following the latest robbery officers of the Newark Police Department spotted Ferguson fleeing the scene on a bicycle. If convicted on the bank robbery charges Ferguson faces a maximum potential penalty of 20 years in prison and a fine of $250 000 or twice the gross gain or loss from the offense for each count with which he is charged. U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Michael B. Ward with the investigation leading to charges. He also thanked the Newark Police Department for their contribution to the case. The government is represented by Assistant U.S. Attorney David M. Eskew of the U.S. Attorney’s Office General Crimes Unit in Newark. The charges and allegations contained in the complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

Fort Dix Inmate Sentenced to 10 Years in Prison for Death of Another Inmate Connecticut Man Pushed Victim Down Flight of Stairs During Argument U.S. Attorney’s Office October 12 2012 District of New Jersey (973) 645-2888 CAMDEN NJ—A Connecticut man serving a prison sentence at the Ft. Dix Federal Correctional Institution was sentenced today to an additional 120 months in prison for pushing a fellow inmate to his death during an argument U.S. Attorney Paul J. Fishman announced. David Besaw 27 of Newington Connecticut previously pleaded guilty before District Court Judge Noel L. Hillman to an information charging him one count of voluntary manslaughter in the November 4 2010 death of an inmate identified only as “F.F.” Judge Hillman imposed the sentence today in Camden federal court. According to documents filed in the case and statements made in court: Besaw said he was sleeping when F.F. punched the back of his bunk. The two men had an argument after which F.F. left their cell. Besaw followed F.F. into a nearby stairwell saw F.F. standing at the top of the stairwell and deliberately pushed him from behind causing him to fall down the stairs. F.F. died as a result of the injuries he suffered in the fall. In addition to the prison term Judge Hillman sentenced Besaw to three years of supervised release and ordered him to pay $9 577 to the victim’s family for funeral expenses. U.S. Attorney Fishman credited the warden of Fort Dix Federal Correctional Institution Donna Zickefoose; and special agents and investigators of the FBI under the direction of Special Agent in Charge Michael B. Ward for the investigation leading to today’s sentence. The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office Criminal Division in Camden. Preet Bharara United States Attorney for the Southern District of New York and George Venizelos the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI) announced today the unsealing of a complaint charging New York State Senator Malcolm Smith New York City Council Member Daniel Halloran and four others with bribery extortion and fraud charges. The charges against the defendants arise from an undercover investigation of three distinct but related bribery schemes involving public corruption. In the first scheme Smith allegedly arranged for cash bribes totaling $40 000 to be paid to Vincent Tabone and Joseph Savino two New York City Republican county leaders as part of an effort by Smith who is a Democrat to appear on the Republican primary ballot as a mayoral candidate in the 2013 election. Halloran is alleged to have received approximately $20 500 in cash bribes to act as an intermediary with Tabone and Savino on Smith’s behalf. In the second scheme Halloran allegedly received approximately $18 300 in cash bribes and $6 500 in straw donor campaign contribution checks in exchange for agreeing to steer up to $80 000 of New York City Council discretionary funding to a company he believed was controlled by those who paid him the bribes. The final scheme involved Noramie Jasmin and Joseph Desmaret the mayor and deputy mayor of the Village of Spring Valley in Rockland County and their alleged receipt of financial benefits including Jasmin’s receipt of a hidden interest in a real estate project and Desmaret’s receipt of approximately $10 500 in cash bribes in exchange for official acts. All six defendants were arrested this morning and will be presented later today in White Plains federal court before U.S. Magistrate Judge Lisa Margaret Smith. Manhattan U.S. Attorney Preet Bharara said “Today’s charges demonstrate once again that a show-me-the-money culture seems to pervade every level of New York government. The complaint describes an unappetizing smorgasbord of graft and greed involving six officials who together built a corridor of corruption stretching from Queens and the Bronx to Rockland County and all the way up to Albany itself. As alleged Senator Malcolm Smith tried to bribe his way to a shot at Gracie Mansion-Smith drew up the game plan and Councilman Halloran essentially quarterbacked that drive by finding party chairmen who were wide open to receiving bribes. After the string of public corruption scandals that we have brought to light many may rightly resign themselves to the sad truth that perhaps the most powerful special interest in politics is self-interest. We will continue pursuing and punishing every corrupt official we find but the public corruption crisis in New York is more than a prosecutor’s problem.” FBI Assistant Director in Charge George Venizelos said “Elected officials are called public servants because they are supposed to serve the people. Public service is not supposed to be a shortcut to self-enrichment. People in New York in Spring Valley—in any city or town in this country—rightly expect their elected or appointed representatives to hold themselves to a higher standard. At the very least public officials should obey the law. As alleged these defendants did not obey the law; they broke the law and the public trust. There is a price to pay for that kind of betrayal.” According to the allegations in the complaint unsealed today in White Plains federal court: Scheme to Bribe New York City Republican Party Committee Leaders Under New York State law a person seeking to run for a citywide position in New York City may not have his or her name listed as a candidate on the ballot if he or she is not a registered member of the party having the primary contest unless he or she receives the approval of at least three of the five chairmen of the county committees for that party. The approval is given in the form of what are known as Wilson Pakula certificates which are signed by the approving chairmen. Smith a Democrat was first elected to the New York State Senate in March 2000 and represents the 14th Senatorial District in Queens New York. He is chairman of the Independent Democratic Conference of the State Senate and among other positions has served as the State Senate’s minority and majority leader. Smith has spoken publicly about his desire to run for mayor of New York City in 2013. Halloran a Republican was elected to the New York City Council in 2009 and represents the City Council’s 19th District in Queens New York. Halloran ran unsuccessfully for the United States Congress in 2012. Tabone and Savino are New York City Republican Party officials. Savino is the chairman of the Bronx County Republican Party and Tabone is the vice chairman of the Queens County Republican Party. Their duties include endorsing candidates for public office and voting on Wilson Pakula certificates. In November 2012 Smith agreed with Halloran an undercover FBI agent posing as a wealthy real estate developer (the UC) and a cooperating witness (CW) to bribe New York City Republican Party county leaders in exchange for their issuance of Wilson Pakula certificates that would enable Smith to run as a Republican candidate for New York City mayor in 2013. When asked by the UC what he wanted in exchange for his help securing the certificates Halloran said that he wanted to get his “mortgage situation resolved ” and that if Smith was elected mayor he would expect to be named deputy police vommissioner if he asked for the job. He also solicited and received from the UC and the CW approximately $20 500 in cash for himself. In furtherance of the scheme Halloran arranged for the UC and the CW to meet Tabone and Savino and negotiated the amounts of the cash bribes to be paid by the UC and the CW to Tabone and Savino on Smith’s behalf. Halloran told the UC and the CW that “You gotta get [Savino] business but put 25 in an envelope....Tabone is 25 up front 25 when the Wilson Pakula is delivered.” After his meeting with the UC and the CW Savino accepted $15 000 in cash and agreed to accept another $15 000 after he formally approved Smith’s appearance on the 2013 Republican ballot for New York City mayor. After meeting with the UC and the CW Tabone accepted $25 000 in cash and agreed to accept another $25 000 after his committee approved Smith’s appearance on the 2013 Republican ballot for New York City mayor. In exchange for the payment of bribes to Tabone and Savino by the UC and CW in his capacity as a New York State Senator Smith agreed to help obtain $500 000 in New York State funds for road work that would benefit a real estate project in Spring Valley that Smith understood was being developed by a company controlled by the UC and CW (the company). Bribery of Halloran to Steer City Council Discretionary Funding Since August 2012 to the present Halloran accepted approximately $18 300 in cash bribes and approximately $6 500 in straw donor campaign contribution checks from the UC and the CW in exchange for agreeing to steer up to $80 000 in New York City Council discretionary funding to the company. For example at a meeting on September 7 2012 at which Halloran and the UC discussed Halloran’s need to raise money for his congressional campaign Halloran agreed to hire someone of the CW’s choosing for a congressional staff or some equivalent position and to help him raise money for his campaign. During the discussion Halloran said “That’s politics that’s politics it’s all about how much. Not whether or will it’s about how much and that’s our politicians in New York they’re all like that....And they get like that because of the drive that the money does for everything else. You can’t do anything without the f—ing money.” During the meeting the CW paid Halloran $7 500. Near the end of the meeting Halloran remarked “Money is what greases the wheels—good bad or indifferent.” In furtherance of this scheme Halloran wrote two letters on New York City council letterhead about this funding one to civic organizations and the other to the company. Despite suggesting in these letters that work would be done by the company to support the allotment of up to $80 000 Halloran agreed with the UC and the CW that the company would provide no services. Bribery of the Spring Valley Mayor and Deputy Mayor Noramie Jasmin and Joseph Desmaret were sworn in as mayor and deputy mayor of the Village of Spring Valley New York in December 2009. From September 2011 through the date of the complaint Jasmin and Desmaret accepted financial benefits from the UC and the CW in exchange for official acts. Desmaret accepted approximately $10 500 worth of cash bribes from the UC and the CW in exchange for among other things his vote in favor of a sale of land owned by Spring Valley to the company a company he believed was controlled by the UC and that would be used to build a community center (the “real estate project”). In exchange for her vote awarding the real estate project to the company Jasmin demanded a partnership interest in the company stating “So for me it’s better for us to partner that’s what I said to you before; a partnership will be best.” When the CW later suggested that Jasmin have a 20 percent stake in the project she replied “Partnership is 50-50 right?” In support of the scheme Jasmin coached the UC on how to make his presentation to the Spring Valley Village Board of Trustees about why the board should award the real estate project to his company. She also coached two other individuals whom she understood were associates of the UC and who would pose as competing developers but who were actually undercover FBI agents on how to make their presentation to the Village Board. In addition both Jasmin and Desmaret agreed to steer to the UC’s company the New York State funding for road work that Smith agreed to help the CW and the UC obtain. * * * Charts containing the names ages residences charges and maximum penalties for the defendants are below. Mr. Bharara praised the investigative work of the FBI. He also thanked the Rockland County District Attorney’s Office and the Spring Valley Police Department for their invaluable assistance to the investigation. This case is being handled by the Office’s White Plains Division and Public Corruption Unit. Assistant U.S. Attorneys Douglas B. Bloom and Alvin Bragg are in charge of the prosecution. The charges contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty. * * * United States v. Malcolm A. Smith et al. Defendant Residence Age Malcolm Smith Queens New York 56 Daniel Halloran Queens New York 42 Vincent Tabone Queens New York 46 Joseph Savino Rockland County New York 45 Noramie Jasmin Spring Valley New York 49 Joseph Desmaret Spring Valley New York 55 Count Charge Defendants Maximum Penalty One Wire fraud and Travel Act bribery conspiracy Malcolm Smith Daniel Halloran Vincent Tabone Joseph Savino Five years in prison Two Wire fraud Malcolm Smith Daniel Halloran Vincent Tabone Joseph Savino 20 years in prison Three Hobbs Act Malcolm Smith 20 years in prison Four Wire fraud Daniel Halloran 20 years in prison Five Mail fraud Noramie Jasmin 20 years in prison Six Mail fraud Joseph Desmaret 20 years in prison Google +

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