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New York Criminal Attorney Blog

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New York Defense Lawyer Peter Tilem Quoted by the Associated Press on Brooke Astor Story

Tilem & Campbell senior partner, Peter Tilem was quoted by the Associated Press over the weekend in an article about Brooke Astor’s son, Anthony Marshall. Marshall was convicted on October 8, 2009 of several counts including Grand Larceny in the First Degree for looting his mother’s estate. Grand Larceny in…

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New York Criminal Defense Lawyer Peter Tilem Quoted by the Associated Press on Brooke Astor case

Tilem & Associates senior partner, Peter Tilem was quoted by the Associated Press over the weekend in an article about Brooke Astor’s son, Anthony Marshall. Marshall was convicted on October 8, 2009 of several counts including Grand Larceny in the First Degree for looting his mother’s estate. Grand Larceny in the…

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NEW YORK CHILD ABUSE AND NEGLECT – PART 7: ANY PERSON MAY REPORT SUSPECTED CHILD ABUSE, NELGECT AND/OR MALTREATMENT

In addition to the mandatory reporters I previously discussed, the New York Social Services Law specifically authorizes “any person” to make a report of suspected abuse or maltreatment when they have reasonable cause to believe a child is the victim of abuse or maltreatment. (Soc. Ser. Law § 414). While…

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NEW YORK CHILD ABUSE AND NEGLECT – PART 5: A PARENT’S RIGHT TO USE REASONABLE CORPORAL PUNISHMENT TO MAINTAIN DISCIPLINE IS NOT A LICENSE TO CRUELLY BEAT ONE’S CHILD

As I have explained in my previous blog, the common law, the Penal Law and the Family Court Act all, in theory, allow a parent to inflict reasonable corporal punishment. This does not mean, however, that a parent may freely beat his or her child. To the contrary, “a parent…

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CHILD ABUSE AND NEGLECT – PART 4: ABUSED CHILD – A PARENT’S RIGHT TO USE REASONABLE CORPORAL PUNISHMENT TO MAINTAIN DISCIPLINE

While virtually all investigators with Child Protective Services, members of law enforcement, prosecutors and even judges have chosen to totally disregard a parent’s right to use reasonable corporal punishment, New York law permits parents to use reasonable corporal punishment to maintain discipline. Indeed, Penal Law 35.10(1) states in substance that…

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CHILD ABUSE AND NEGLECT – PART 3: ABUSED CHILD – INFLICTION OF PHYSICAL INJURY BY OTHER THAN ACCIDENTAL MEANS – CORPORAL PUNISHMENT

As previously discussed, New York Child abuse cases that allege that a child was “abuse” as opposed to neglected may be difficult to prove since abuse requires proof of the infliction of a physical injury caused by other than accidental means that causes a substantial risk of death or other…

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