Phillips & Millman hosts the annual Phillips Tee-Off for Tots Golf Tournament fundraiser every summer to help a youth against a life-threatening illness.  Frank Phillips started the charity, which has raised over $200,000 for children with such illnesses.  Jeff Millman is the chairman of the board for the annual tournament that is heading into its 25th year.

The law firm contributes to the Rotary Club of North Rockland. In fact, Frank Phillips is a Rotary member and chairs its annual pancake breakfast. The firm supports the Stony Point Lions Club and the Haverstraw Elks Club #877, both of which Frank Phillips is a member.

Phillips & Millman supports various ethnic charities such as the Haitian Karbit Neg Lakay, the Sons of Italia and the Italian-American Club.

The law firm makes sizable donations to various youth athletic activities.  Phillips & Millman funds and sponsors Just for Fun baseball and Little League baseball in Stony Point and New City.  Jeffrey Millman and Frank Phillips have coached Little League baseball for numerous years.   The firm also supports the Haverstraw Police Athletic League (HPAL), the Boy Scouts of America, the North Rockland Red Raider Football Club (funds to feed the team via The B’s Nest Deli), the Willow Grove Ski Club and numerous North Rockland school sports teams.  The firm donates annually to the Billy Kayser Memorial Baseball Tournament Fund in memory of a young boy that was killed by a drunk driver.  The law firm sponsors a travel baseball team in the New York Elite Baseball League and competes in various baseball tournaments in different states.  The firm has made donations to the Garfield High School (New Jersey) Football program in honor of an alumni, NFL defensive lineman, Luis Castillo.

Phillips & Millman helps fight against illnesses by supporting the American Heart Association, The American Cancer Society, The Burghard Memorial Foundation (multiple myeloma cancer), NAM Knights of America and United Hospice of Rockland County.  The firm is always there to support annual events such as the North Rockland Community Fun Run and Walk, the Stony Point Seals Polar Plunge, Cruisin for Kids Car Show and the Joseph Fiore Memorial Golf Tournament, all of which benefit people in need because of a serious medical illnesses.  The firm also helps Keller Williams Realty raise funds to help youths with cancer.

Phillips & Millman is a sponsor for the annual Rockland County PBA golf outing.  They support the Stony Point Ambulance Corps and Fire Family Transport.

The firm contributes to various secondary schools including Thiells and Stony Point Elementary Schools and Willow Grove Middle School.

Phillips & Millman help young kids compete in events that they could not afford compete in such as Big Dogg Motorsports.

In summary, the Law Firm of Phillips & Millman is not only a law firm, but a institution embedded in the fabric of the community to help others less fortunate for the good of society.

Auto accidents increased to record numbers directly related to the use of the mobile/cell phone.  When a driver operates their car they are charged with the responsibility to operate safely.  Pay attention to the road, the cars around you and the pedestrians that inevitably cross in front of your vehicle without notice.

How can a driver pay attention to all this while he is telephoning, texting, emailing, photographing, surfing the net and a host of other services offered by every cell phone on the market.

Well, the State of New York has changed the laws addressing cell phone usage while driving.  If you are charged with the violation of this Vehicle and Traffic Statute you are subject to a 2 point violation and a significant fine and surcharge.  Although this seems harsh, it is a small price to pay in comparison to the potential affects of cell phone usage while driving.

In my personal injury practice I have many car accident cases where the negligent driver was talking or texting on their phone as the accident occurred.  They risked their life and health as well as the other persons involved in the accidents life and health to talk or text on the phone.

So the next time you contemplate using your cell phone while driving consider the harsh penalties if your caught.  If your not fearful of getting caught for cell phone usage then consider the potential deadly consequences to your actions.  Maybe this will help reduce the number of serious injury automobile cases that occur on our roadways.

If the defendant raises the issue of the sufficiency of an accusatory instrument in a motion, the Court may review the instrument and to determine whether it is legally sufficient. The accusatory instrument must specify the times and dates of the commission of the offense along with the requisite elements of the offense as it is set forth in the New York State Penal Law.

By statute, the defendant has the right to be prosecuted by information. People v. Weinberg, 34 N.Y.2d 429, 431 (1974). The failure of an information to allege facts of an evidentiary character which support each and every element of the crime charged is a nonwaivable jurisdictional defect. People v. Alejandro, 70 N.Y.2d 133 (1987).

For example, in People v. Blake, N.Y. Slip Op 25035 (2005), a defendant was charged with a mode of communication alleged to be the crime of harassment. Defendant was entitled to be fully apprised of the nature of the communication(s) alleged with sufficient particularity to afford her the opportunity to defend the action. See, Blake, supra.

In People v. Alejandro, the information was insufficient on its face because it lacked the necessary nonhearsay allegations which would establish, if true, every element of the offense charged and the defendant’s commission thereof (CPL 100.40 [1][c]; 100.15[3]). The Court, continued, and stated “we hold that this omission constituted a jurisdictional defect which was not waived by defendant’s failure to raise the issue until after completion of the trial. People v. Alejandro, 70 N.Y.2d 133, 139-140 (1987).

In summary, at any time during a criminal proceeding, a Court may find that an accusatory instrument is facially insufficient and defective and dismiss the charges pursuant to New York State Criminal Procedure Law § 100.40.

Thus, it is imperative that a defendant, in a criminal proceeding, retain an attorney as soon as possible upon being charged with a crime.

Clients typically tell us they want enough insurance to protect their assets from lawsuits.  Basically, enough coverage to pay a person for their injuries without personal exposure.  But what few clients realize is that as part of their basic insurance they “self” insure themselves should an accident occur and the person who causes the accident has no insurance or insufficient insurance to compensate you for the value of your injury.  This policy provision is called SUM coverage (Supplemental Uninsured/Underinsured Motorist).  This self insurance we all have has a mandatory minimum protection of $25,000/$50,000 for the occurance.  But is this minimum we all have enough?

When we audit our clients policies we show them that to increase the limits of their self protection to match the limits of the liability coverage is very inexpensive.  We ask our clients would you spend a little more money on your policy to protect the client and their family should an accident occur and the person at fault has little or no coverage?  All of our clients agree and when they learn the “better” coverage is very inexpensive they make immediate changes.  Spend a few dollars to protect against a catastrophic loss.

Phillips & Millman lawyer, Beth Finkelstein, recently got all charges dropped for one of her clients. The client was acquitted of felony charges of robbery and second degree assault. The story from the Journal News in below:

A Rockland County Court jury acquitted three Haverstraw brothers on Monday of felony charges of robbing their next-door-neighbor with whom they feuded.

Brandon and Mark Moe and David Rizzotti were tried on accusations by Ray McKimmie that they beat him with their fists and a skateboard and then stole his neck chain on March 6, 2010.

Rizzotti’s defense lawyer, Beth Finkelstein, said Tuesday that McKimmie changed his account, including first telling police he “lost his chain.”

McKimmie also gave the jury different information on where he was hit — first the right side of his head and then the left side before contending that it was on top of his head, she said.

Finkelstein said the trial evidence showed McKimmie attacked Rizzotti and punched him into unconsciousness . She said Brandon and Mark Moe then assisted their brother.

Rizzotti’s mother testified to seeing McKimmie hit him, Finkelstein said, adding Rizzotti ended up hospitalized and McKimmie didn’t seek medical attention.

“No one attacked McKimmie,” Finkelstein said.

She said prosecutor Dominic Crispino called one witness, McKimmie, and criticized the investigation done by the Haverstraw police officers.

She said defense witnesses included a police officer and detective whose testimony was inconsistent with McKimmie’s.

McKimmie testified that he told police that Rizzotti made racial slurs to him, Finkelstein said. Police testified that McKimmie never told them about any slurs.

The Moes were defended by John Schwarz and Gary Eisenberg.

After deliberating for 30 minutes in the two-week trial before Judge William K. Nelson, the jury acquitted the three brothers of first-degree robbery, second-degree robbery and second-degree assault.

Story from Lohud.com

Our team of lawyers has decades of experience and is led by two former assistant district attorneys who prosecuted a wide variety of cases before moving into the private sector and becoming defense attorneys. This experience as prosecutors helps Phillips & Millman successfully defend clients facing charges ranging from minor traffic offenses and DWI charges to the most serious of felonies. During these critical times, we stand by our clients’ side and ensure they receive fair treatment.