Daniel N Arshack

Daniel N Arshack

February 14, 2019 | New York Law Journal

Discoverability of Proffer Interview Notes

Statements made by a defendant to a prosecutor during a “proffer” interview are discoverable in New York, and defendants should demand the notes that prosecutors take during these interviews in order to gauge their accuracy and properly anticipate their use at trial.

By Daniel N. Arshack and Matthew Reisman

8 minute read

August 05, 2015 | New York Law Journal

Sentencing for Oxycodone Based on Faulty Calculation

Congress fixed the sentencing disparity for crack in 2010. They now need to do so for Oxycodone, correcting sentencing ranges to reflect its potency in relation to other drugs such as heroin and morphine.

By Daniel N. Arshack

4 minute read

August 04, 2015 | New York Law Journal

Sentencing for Oxycodone Based on Faulty Calculation

Congress fixed the sentencing disparity for crack in 2010. They now need to do so for Oxycodone, correcting sentencing ranges to reflect its potency in relation to other drugs such as heroin and morphine.

By Daniel N. Arshack

4 minute read

March 20, 2015 | New York Law Journal

Accusatory Instruments and Jurisdictional Sufficiency

Daniel N. Arshack and Ria Rana write that applications challenging the jurisdictional sufficiency of an accusatory instrument are frequently made in misdemeanor cases. However, the confusion between the dual standards of review for a "complaint" and an "information" is often the cause of error.

By Daniel N. Arshack and Ria Rana

10 minute read

March 19, 2015 | New York Law Journal

Accusatory Instruments and Jurisdictional Sufficiency

Daniel N. Arshack and Ria Rana write that applications challenging the jurisdictional sufficiency of an accusatory instrument are frequently made in misdemeanor cases. However, the confusion between the dual standards of review for a "complaint" and an "information" is often the cause of error.

By Daniel N. Arshack and Ria Rana

10 minute read

November 18, 2013 | New York Law Journal

Clarifying 'Holmes' Position on Subpoena of N.Y. Journalist

By Daniel N. Arshack and Richard D. Willstatter

5 minute read

August 03, 2012 | New York Law Journal

Prosecutors 'Don't Get It'

By Daniel N. Arshack

3 minute read

March 07, 2013 | New York Law Journal

It's Just Not OK - Sexual Relations Between Physicians and Their Patients

Daniel N. Arshack, the managing partner at Arshack, Hajek & Lehrman, and David J. Knight, of counsel at the firm, analyze a Court of Appeals decision which established that it is medical malpractice for a physician of any specialty to have sex with a patient to whom he has provided mental health treatment.

By Daniel N. Arshack and David J. Knight

7 minute read