Ianniello Chauvin, LLP Criminal Defense & Personal Injury Team

03/10/2026

Proud to support an important cause.

Check out NYOH’s site to learn more about the challenge and how you can get involved.

We would like to give a BIG shout out to all of our Prevention Partners and Sponsors that have made our 2026 Colorectal Check Challenge possible!

Thank you all for your continued support for the NYOH Community Cancer Foundation. We appreciate you! 💙

09/23/2025

🎗 Join Us in Supporting Attorney Matt Chauvin & New York Oncology Hematology 🎗

Dear friends, family, and community —
There are 5 days left before the NYOH Community Cancer Foundation 'Rock Your Style' Fundraiser.

📅 What: Fundraising event will be held this Saturday, September 27th, doors open at 6 PM.

🌐 Where to Help: Empire Live in Albany.

💖 Why It Matters: The cost of treatment and care is overwhelming. Your gift—no matter the size—makes a huge difference in easing the financial burden on local patients.

🎀 Plus this is your chance to see Matt model the latest fashion this Saturday. 🎀

💡 How You Can Make an Impact:
• Click the link to donate and share—your support reaches far beyond what you might expect.
• Share this post to help spread the word.
• Leave a message of encouragement. Sometimes the kind words matter just as much as the contributions.

🙏 From the bottom of our hearts, thank you for any support you can offer and we hope to see you on Saturday.

Hey friends! I'm excited to share that I've been selected as a model for an upcoming Rock Your Style® fundraiser on Saturday, September 27 to support the NYOH Community Cancer Foundation . This means that I'm raising awareness and funds to help l...

09/05/2025

🚨 STOP FOR SCHOOL BUSES! 🚨

It’s that time of year again—your biannual reminder that when those red lights are flashing, YOU. MUST. STOP.

🚌 The law (VTL §1174-a) is clear:
If a school bus is stopped with red signals flashing, every car on BOTH sides of the road must stop.

Buses are big, yellow, and hard to miss—plus they’ve got flashing red lights and stop signs sticking out.

❌ It is ILLEGAL to pass a stopped school bus.

💸 Penalties can be severe:
First offense: 8 points on your license, fines up to $493, and even 30 days in jail.

Second offense (within 3 years): Fines up to $843 + up to 6 months in jail.
Third offense (within 3 years): Fines up to $1093, up to 6 months in jail, AND your license is revoked.

👩‍👩‍👧 Bottom line: Kids’ lives are on the line. Protect them. Protect your license.

Stop for school buses.

08/22/2025

This week's discusses big change in NY criminal cases ⚖️📄

As of August 7, 2025, New York updated its criminal discovery rules (when prosecutors share evidence with the defense).

🔹 Clearer standard: Judges now look at whether prosecutors made a real, good-faith effort to get and turn over evidence — what the law calls due diligence.
🔹 Not perfection: A case won’t stall just because one document is late. If prosecutors show they worked hard and filed in good faith, it still counts.
🔹 Applies to all cases: Both new cases and ones already pending follow this rule.

Why it matters:
👩‍⚖️ Prosecutors should track requests and follow-ups.
👨‍💼 Defendants can still argue late evidence caused harm.
⚖️ Courts now have a clearer checklist for fairness.

Bottom line: The law now values effort and fairness over technical slip-ups. Expect more focus on whether prosecutors actually tried, not just if every paper was in on day one.

08/01/2025

This week's discusses what counts as an “Attempt” in New York?

Not all crimes need to be completed to land you in serious trouble.

📚 Under New York Penal Law § 110.00, a person can be charged with attempt just for trying to commit a crime—even if they don’t succeed. 📚

So what exactly is an attempt?

The law says a person is guilty of an attempt when:
✅ They have the intent to commit a crime, and
✅ They take a real step toward committing it

But just “thinking about it” or “planning it” isn’t enough. There must be an overt act that gets that person closer to actually doing the crime.

🔍 Examples:

🚨 Not an attempt: Googling “how to rob a bank”

🚨🚨 Possibly an attempt: Showing up at a bank with a mask and weapon

🚨🚨🚨 Definitely an attempt: Demanding money from the teller and running before getting anything

🧯 Degrees of Attempt:
Attempts are usually charged one level below the intended offense:

Attempted murder → charged as a Class B felony (instead of Class A)

Attempted robbery in the second degree → Class D felony

💬 In short: even if the plan fails, the consequences don’t just go away.

Have a great weekend, everyone.

06/13/2025

This week's discusses the Speed Camera Law in NY.

New York State has officially made its automated speed camera program in highway work zones permanent. Originally launched as a pilot under VTL §1180-E, the initiative has now been expanded through the FY 2026 budget. The number of mobile radar-equipped camera units is doubling from 30 to 60, and they will now also be deployed on MTA-controlled bridges and tunnels like the Verrazzano-Narrows, RFK, and Bear Mountain bridges. These cameras are active in clearly marked construction zones and operate automatically without the need for police presence.

Fines under the program are structured to escalate: $50 for a first offense, $75 for a second within 18 months, and $100 for third and subsequent violations. While these violations do not add points to a driver's license, failure to pay them can result in a hold on your vehicle registration. Tickets are issued by mail within 14 business days for New York residents, and within 45 days for out-of-state drivers. All violations are reviewed by technicians before mailing.

The program is a response to a troubling rise in work zone crashes—156 in 2024 alone, including 4 deaths and over 130 injuries. Since the program's launch, over 425,000 tickets have been issued, with data showing a measurable drop in speeding behavior. Lawmakers and safety advocates argue that automated enforcement improves compliance and protects both workers and drivers without relying on stretched law enforcement resources.

If you’ve received a speed camera ticket or are concerned about how this law might affect you or your business fleet, our firm can help. We assist with disputing tickets, avoiding DMV holds, and setting up preventive compliance strategies. Don’t let an automated fine catch you off guard—reach out for a consultation today.

05/23/2025

This week's discusses proposed changes to parole and supervision in New York.

Under two new bills, changes could go into effect with how parole works—especially for older people in prison who’ve served a long time. If passed, these changes would mean more chances for release based on who someone is today, not just what they did years ago.

First, there is the Elder Parole Act. Under this proposal, an inmate 55 or older who served 15+ years, would be given a chance to go before the parole board, even if serving a life sentence. This does not guarantee release. It just means the inmate gets a hearing where they consider how you’ve changed, not just your crime. The purpose of this change would be to give older people, who are low-risk and often in poor health, a fair shot at freedom.

Second is the Fair & Timely Parole Act. Under this proposal, parole decisions would be based on rehabilitation and current risk, not just original crime and circumstances. Parole boards would have to look at things like good behavior, personal growth, and support systems. It would stop automatic denials just because someone committed a serious or egregious crime long ago.

Why it matters? These proposals aim to reduce the amount of people who stay in prison long after they have been rehabilitated.

We’ll be watching closely. If you or a loved one could benefit from these changes, now’s the time to start preparing.

Have a good weekend.

05/19/2025

⚾ Ianniello Chauvin, LLP Criminal Defense & Personal Injury Team is proud to support the future all-stars of our community as a sponsor of Clifton Park Baseball! Here's to a season full of teamwork, sportsmanship, and home runs! ⚖️⚾

05/09/2025

This week's discusses a new law making it an additional crime to commit any offense while wearing a mask.

This spring, New York passed an amendment aimed squarely at individuals who conceal their identities during criminal activities. The new laws, under §190.90 and §190.91 establish separate misdemeanor offenses for intentionally wearing a mask or face covering while committing a crime. If a defendant robs a store, attacks someone, or commits any other crime while concealing their identity, they now face an extra charge on top of the original crime.

Why the change? Lawmakers pointed to rising public concern over masked smash-and-grab robberies, subway assaults, and mob-style retail thefts. The goal: deter would-be offenders from hiding their identity and help victims, witnesses, and surveillance systems identify suspects more easily.

Here’s what it means: If you commit a crime and wear a mask during it, you could face an additional misdemeanor (even if the crime itself is non-violent).

This law does not target COVID-era health masking, religious face coverings, or lawful protests.

Justice might be blind, but she can still see your face.

04/07/2025

Last week, the attorneys at Ianniello Chauvin, LLP Criminal Defense & Personal Injury Team received a favorable decision in a fatal accident hearing held before an Administrative Law Judge (ALJ) with the NYS DMV.

Under NY Vehicle and Traffic Law § 510, whenever there is a fatal motor vehicle accident, a hearing is held to determine if the operator of the other motor vehicle involved in the accident should have their license suspended or revoked. Depending on the circumstances the revocation may be mandatory, in other cases it can be discretionary.

Before DMV can revoke a driver's license, they are entitled to a hearing to dispute the allegations. At a fatal hearing, witnesses are called to testify, and evidence is submitted into the record.

On March 10th a hearing was conducted in the matter of our client, the operator of a motor vehicle that was hit by a motorcyclist who tragically succumbed to his injuries.

At the hearing, we were able to demonstrate through testimony and evidence that our client did not act in a grossly negligent manner, nor did they show a reckless disregard for life or property of others.

For those reasons, the ALJ for the DMV did not suspend or revoke our client's license, and closed the case.

04/03/2025

The attorneys at Ianniello Chauvin, LLP Criminal Defense & Personal Injury Team successfully defended a childcare worker wrongfully accused of abuse and neglect.

In December of 2023, a longtime childcare worker with an unblemished record was terminated from employment over an allegation that they had struck a child under their care. Shortly after being terminated from employment, the worker was also charged with the crime of Endangering the Welfare of a Child.

Initially, we were successful in defending the worker in criminal court, having the charge dismissed and sealed in 2024.

Thereafter, following an investigation by the NY Office of Children and Family Services (OCFS), our client was "indicated." An "indication" means that following interviews and investigation, there was evidence that the abuse/neglect took place. The standard of proof in State investigations is much lower than the standard of proof required in criminal cases. Being indicated also means that your name and the report of abuse/neglect appears on a statewide website, making it extremely difficult to gain future employment. After challenging the indication and being denied, we requested a live hearing in October, 2024 in front of an Administrative Law Judge to contest the report.

During the hearing, evidence established that nobody actually saw any part of any incident take place. Rather, each of the witnesses who claimed the abuse occurred were relying on statements from other witnesses, like a game of telephone. More importantly, three witnesses who observed the actions of our client that day actually denied that any incident took place. One of those witnesses being the child who was the subject of the report.

Following hours of live testimony, and months of deliberation, the Administrative Law Judge agreed with us that the State failed to meet their burden or demonstrate that any abuse or neglect took place.

Our client's report will now be amended from "indicated" to "unfounded" and all records of the incident will be sealed.

We are thrilled for our client and happy they can put this situation behind them for good.