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New York Questions & Answers
Q: Is it considered Burglary 2nd violent felon if the person was given the key by the home owner to be able to enter?
Aubrey Claudius Galloway's answer
You can argue the defendant was invited into the home, but that is no excuse for any crime he committed therein.
Burglary in NY is (1) entering the premises of another (2) with the INTENT of committing a CRIME THEREIN
So the evidentiary burden is on the prosecution to prove beyond a reasonable doubt that (1) when the defendant opened the house with the key (physical act) he was (2) INTENT on committing a crime in the house (guilty mind) . - NOTE: NY Law does not require a theft...
You can argue the defendant was invited into the home, but that is no excuse for any crime he committed therein.
Burglary in NY is (1) entering the premises of another (2) with the INTENT of committing a CRIME THEREIN
So the evidentiary burden is on the prosecution to prove beyond a reasonable doubt that (1) when the defendant opened the house with the key (physical act) he was (2) INTENT on committing a crime in the house (guilty mind) . - NOTE: NY Law does not require a theft...
Q: i was resently evictedfrom the ymca after 11 years for no reason because the housing coordinator didnt like me. can i fi
1 Answer
| Asked
in
Personal Injury, Landlord - Tenant and Small Claims
for
New York
on
Answered on May 26, 2018
Answered on May 26, 2018
Aubrey Claudius Galloway's answer
It depends if the YMCA successfully prevailed on something called either a "Non-Payment Summary Proceeding" , or a "holdover Summary Proceeding" (the former if you didn't pay rent or the latter if you held over your lease and they gave you 30 days notice to vacate) AND THEY OBTAINED A WARRENT OF EVICTION FOR THE MARSHALL TO EVICT YOU. Otherwise you never actually HAD TO leave.
If you have a viable Cause of Action now I'm unsure of without further details; call me for a free consult at...
It depends if the YMCA successfully prevailed on something called either a "Non-Payment Summary Proceeding" , or a "holdover Summary Proceeding" (the former if you didn't pay rent or the latter if you held over your lease and they gave you 30 days notice to vacate) AND THEY OBTAINED A WARRENT OF EVICTION FOR THE MARSHALL TO EVICT YOU. Otherwise you never actually HAD TO leave.
If you have a viable Cause of Action now I'm unsure of without further details; call me for a free consult at...
Q: can i go back home country if i have already applied for affermative asylum application? how to go back ?
Leonard R. Boyer's answer
The biggest travel “don’t” for asylum applicants is returning to the country where you have indicated that you fear persecution. If you do so, USCIS will then presume that you have abandoned your asylum application and may even decide that you submitted a fraudulent application – which could have serious consequences such as a permanent bar from reentering the United States.
The biggest travel “don’t” for asylum applicants is returning to the country where you have indicated that you fear persecution. If you do so, USCIS will then presume that you have abandoned your asylum application and may even decide that you submitted a fraudulent application – which could have serious consequences such as a permanent bar from reentering the United States.
Q: Landlord won't replace air conditioner.
Salim U. Shaikh's answer
Offer LL to replace his AC unit by you at a cost to be deducted out of rent or being his liability he must replace it immeidately. Just to give you an option to discuss with LL, whether LL will accept lesser rent in lieu of non-replacement?
Offer LL to replace his AC unit by you at a cost to be deducted out of rent or being his liability he must replace it immeidately. Just to give you an option to discuss with LL, whether LL will accept lesser rent in lieu of non-replacement?
Q: I was named successor-executor in my grandma's will - do I need to sign a waiver of consent to probate?
Michael David Siegel's answer
It is necessary. If you do not sign, you will be cited for a court hearing, at which point you object or the will is probated anyway.
It is necessary. If you do not sign, you will be cited for a court hearing, at which point you object or the will is probated anyway.
Q: Naturalization (Immigration) filing questions about outstanding payments made.
Carl Shusterman's answer
There is no need for you to have paid off all alimony payments when you file your N-400. If you have done so by the time of your naturalization interview, that should be sufficient.
There is no need for you to have paid off all alimony payments when you file your N-400. If you have done so by the time of your naturalization interview, that should be sufficient.
Q: roommate vs. illegal sublet
Elaine Shay's answer
A roommate is someone sharing the living space with the tenant so that both are in occupancy of the apartment simultaneously. An illegal sublet involves a situation where the tenant vacates the apartment and rents the premises to a sub-tenant without the landlord's permission. If a tenant lives with a roommate and goes on vacation for a long weekend, the landlord would probably not even notice. However, if before leaving for a year-long vacation in Europe a tenant installs a "roommate" in...
A roommate is someone sharing the living space with the tenant so that both are in occupancy of the apartment simultaneously. An illegal sublet involves a situation where the tenant vacates the apartment and rents the premises to a sub-tenant without the landlord's permission. If a tenant lives with a roommate and goes on vacation for a long weekend, the landlord would probably not even notice. However, if before leaving for a year-long vacation in Europe a tenant installs a "roommate" in...
Q: My brother, who lived in Maryland, was due to inherit part of our dads estate but he died before disbursement.
Michael David Siegel's answer
It goes to your brother's estate. What MD law requires is your sister in law's responsibility as Executor of his estate in MD.
It goes to your brother's estate. What MD law requires is your sister in law's responsibility as Executor of his estate in MD.
Q: If I've been accused of fraud, will "turning myself in" lessen my punishment or should I keep my mouth shut?
Michael Charles Cimasi's answer
You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.
You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.
Q: Can I sue my job for not paying me after a check bounced and get reimbursed for the overdraft fees my bank charged me?
2 Answers
| Asked
in
Banking, Employment Discrimination, Employment Law and Small Claims
for
New York
on
Answered on May 23, 2018
Answered on May 23, 2018
Michael David Siegel's answer
You can sue, and you can also file a complaint with the Department of Labor.
You can sue, and you can also file a complaint with the Department of Labor.
Q: How can one legalize their status.How can they become legal?
Leonard R. Boyer's answer
That would depend on numerous factors, which would require an in person consultation to determine.
That would depend on numerous factors, which would require an in person consultation to determine.
Q: My boyfriend dont have a drivers license and he got a ticket what can happen to me. If the car is under my name
Zev Goldstein's answer
You could receive a ticket for permitting unlicensed operation, but its rare that the police issue that ticket. Also, if your boyfriend gets in an accident and hurts someone, you might have to pay.
You could receive a ticket for permitting unlicensed operation, but its rare that the police issue that ticket. Also, if your boyfriend gets in an accident and hurts someone, you might have to pay.
Q: Can a parent bring a wrongful death lawsuit on behalf of a child killed in an accident?
Peter Munsing's answer
Generally any of the next of kin can. If you have a question consult a member of the NY State Trial Lawyers Assn that handles the type of event that befell you.
Generally any of the next of kin can. If you have a question consult a member of the NY State Trial Lawyers Assn that handles the type of event that befell you.
Q: my daughter was injuried 7/17,she was hit by a police car responding to call,taken by ambulance to stony brook ER
1 Answer
| Asked
in
Car Accidents, Medical Malpractice and Personal Injury
for
New York
on
Answered on May 22, 2018
Answered on May 22, 2018
Peter Munsing's answer
She gets medical from her car insurance; if no car, then if she lives with you your car insurance has medical coverage which should be paying her bills. She may have a claim against the PD--contact a member of the NYState Trial Lawyers Assn--they give free consults.
She gets medical from her car insurance; if no car, then if she lives with you your car insurance has medical coverage which should be paying her bills. She may have a claim against the PD--contact a member of the NYState Trial Lawyers Assn--they give free consults.
Q: Trying to keep up with a student, I feel over another student. can the parent sue?
Peter Munsing's answer
Anyone can sue.Unlikely to in this case because you don't have money so who will pay? Also they have to show you were careless. Fact you fell means that you could be careless but maybe not--you were trying to stop a possibly unsafe person.
Anyone can sue.Unlikely to in this case because you don't have money so who will pay? Also they have to show you were careless. Fact you fell means that you could be careless but maybe not--you were trying to stop a possibly unsafe person.
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