Jason C. Henskee Attorney & Counselor At Law

Jason C. Henskee Attorney & Counselor At Law Buffalo, NY based lawyer offering services in criminal defense, DWI defense and vehicle and traffic tickets. Jason C. Henskee, Esq. of Buffalo, NY provides clients legal representation
in the area of criminal and D.W.I.

Defense. His practice is primarily limited to the
representation of individuals charged with crimes, Vehicle & Traffic Violations, and
alcohol related driving offenses. He practices in Erie, Wyoming, Genesee, Allegany,
Livingston, Monroe, Chautauqua, Cattaraugus, and Niagara Counties.

Operating as usual

BBC Earth

Amazing. Truly uplifting to see developments like this.

Can Africa's 'Great Green Wall' bring dry land back to life?
(Via BBC World Hacks)


Case of the Week: PEOPLE V. BROWN, 28 NY3d 392 holds that a prosecutors off calendar statement of readiness for CPL 30.30 speedy trial purposes is presumed truthful and accurate. The burden is on the defense to show that prior readiness was illusory.

Defense counsel should always pay attention to CPL 30.30 readiness. The district attorney only has so much time in order to have their case ready for trial otherwise the case is subject to possible dismissal upon motion of the defendant.


Case of the Week: PEOPLE V. ALLARD, 128 AD3d 1081 (2nd Dept. 2016). The Appellate Court held that the prosecution failed to show that it attempted with due diligence to make the accuser available to support a claim that 32 days were excusable under CPL 30.30. The People were not ready within the statutory time therefore defense counsel's CPL 30.30 motion should have been granted.


Case of the Week: People v. Proper (2016 NY Slip Op51111(u) Webster Town Court July 25, 2016.)
The Court held that the Officer did not have probable cause or reasonable suspicion to stop the defendant's vehicle. The stop was based on a 911 call made by a complainant involving a "family dispute" . The caller did not know how the driver was intoxicated and could have been motivated by a desire to embarrass or harass the driver. The charges for DWI were dismissed.


Case of the Week: PEOPLE V. NICHOLAS, 130AD3d 1314 (3rd Dept. July 23, 2015)
The appellate court held that the defendant was deprived of a fair trial due to the cumulative effect of erroneously admitting evidence of prior uncharged crimes and the improper vouching by a prosecution witness.
The only direct evidence the People had was the testimony of a confidential informant and that the defendant was present at the "buy". The lower court's evidentiary rulings were improper requiring the appellate court to remit for a new trial.


Case of the Week: PEOPLE V. PALENCIA, 130 AD3D 1072 (2nd Dept. 2015) The Appellate Court held that the defendant was deprived of his right to a fair trial by the court's admission of the results of the portable breath test given at the scene of the accident that brought the defendant to law enforcement's attention. The prejudicial effect of that evidence outweighed its probative value. This is because the results of the preliminary breath test (the roadside breath test) are not considered scientifically reliable.


Good Morning. It's going to be cold and snowy with poor traffic conditions. Please take it slow and be safe.


Case of the Week: PEOPLE V. TISDALE, 140 AD3d 1759 (4th Dept. 2016) the lower court erred by denying the defendant's motion to suppress crack co***ne found when he was strip searched during an arrest for unlawful possession of ma*****na. The facts present did not justify the strip search based upon the officer's knowledge at the time the search was conducted. There was no reasonable suspicion that the defendant was concealing anything beneath his clothing.


Case of the Week: PEOPLE V. KING, 137AD3d 1572 (4th Dept.) is a good example of how a simple traffic stop can develop into a full blown search resulting in a drug arrest. The court held that the lower court did not err in denying the defendant's motion for suppression of the drugs found on the defendant after a traffic stop. The stop was lawful, the defendant's license was suspended, and the drugs were found as the result of a "search incident to a lawful arrest".


Case of the Week: PEOPLE V. RIVERA, 127 AD3d 595. The 1st Department held that the lower court erred in finding that the defendant lacked standing to move to suppress weapons found in a box on a car seat. The defendant was driving the vehicle but it was owned by the passenger. The defendant had automatic standing to challenge the seizure of the weapons where the People did not demonstrate that the possession charges were based on anything other than the statutory presumption in Penal Law 265.15(3).


Case of the Week: PEOPLE V. CRONIN, 60 NY2d 430. The issue presented was whether the lower court abused its discretion in limiting the defense attorney's ability to use expert testimony as it related to the element of "intent". Here the defendant was charged with burglary after consuming up to a case of beer, several ma*****na ci******es, and 5 to 10 Va**um tablets.
The lower court permitted defense counsel to introduce the expert testimony of a forensic psychiatrist skilled in drug and alcohol abuse, but would not allow inquiry about the defendant's state of mind, his intent or ability to have intent.
The Appellant Division reversed the lower court and ordered a new trial.


Case of the Week: PEOPLE V. MCGEE, 136 AD3d 580 (2016) addressed the issue of whether the court below erred in denying the defendant a Wade Hearing. A Wade Hearing is a hearing where the People have to provide an independent source for an identification by clear and convincing evidence or that introduction of the Identification was harmless error.
The complainant was sitting in a police car when the defendant was coincidentally brought into the station in handcuffs at the same time. Such circumstances required the lower court to have a hearing to determine if the identification was in fact police arranged.


Case of the Week: PEOPLE V. KENDRICK, 128 AD3d 1482 (4th Dept.) The Court held that the lower court erred in finding that the Defendant lacked standing to contest the search of his automobile resulting in the seizure of a large quantity of co***ne. The error was not harmless as the defendant plead guilty to 2nd degree possession with a sentencing commitment of 6 years to life. The matter was remitted to the lower court for a suppression hearing.


Case of the Week: PEOPLE V. PANNIZZO, 130 AD3d 467. The Appellate Court reversed the lower court's conviction of the defendant for attempted possession of burglar tools. The Court found that the officer's observations of the defendant, during the day, wherein he stopped his bicycle between two or three cars and looked through the driver's side front window was not in and of itself, sufficient to support the inference that the defendant intended to use the tools he had on his person to steal any items from the cars.


Case of the Week :PEOPLE V. SALVODON, 127 AD3d 1239 (2nd Dept. 2015) The court held that the prosecution at the suppression hearing did not meet its burden of showing that the police officer's conduct was lawful with regard to the seizure of physical evidence. The evidence was taken from the defendant's phone after the police responded to a notification that a gunshot victim had been brought to the hospital but had no information that the injury was related to a burglary or robbery report. After a police officer went through the defendant's phone he found that the defendant gave a false name and was the defendant. The court suppressed this evidence obtained from the phone.


Case of the Week: PEOPLE V. BUTLER, 127 AD3d 623 (1st Dept. 2015): The Appellate Division found that the lower court erred in not suppressing the pills found in the defendant's pocket after a vehicle stop. "The officer's observation of the defendant passenger turning his head back and forth, a lot of movement in the front passenger seat area, and the defendant pulling his hand from his jacket did not create "reasonable suspicion that would justify the frisk of the defendant that resulted in finding the pills.

Ma*****na First Offense - Jason C. Henskee Esq

Get out of jail free? Learn more about what can happen with your first ma*****na offense:


MA*****NA GET OUT OF JAIL FREE CARD If you’ve been charged with possession of ma*****na as a first offense, you may be entitled to a dismissal of the charge pursuant to the applicable provisions of the criminal procedure Law. For many first offenses defense counsel can make application to the court…


Did you know? Coffee, a cold shower, or exercise will not make a person more sober; only time will. Drive responsibly this weekend!


Getting arrested for a DWI is a very serious charge. Here at Henskee Law, we will fight for every one of our clients, to obtain the best possible outcome. Visit our website for more information!



I've added new articles to my blog recently, "The initial D.W.I. appearance" and Canadian Citizens & Speeding Tickets." Each article provides an overview and information regarding these subjects.

The initial D.W.I. appearance discusses the licensing issues one faces at arraignment and how to obtain a hardship license if eligible. The issue of Bail and Release is also discussed at length.

The Canadian Citizens & Speeding article discusses the reciprocity between Canada and New York and how New York traffic tickets can in fact affect Canadian licenses.

I offer a referral service for real-estate cases.Since my focuses are criminal defense, D.W.I. defense, and Vehicle and ...

I offer a referral service for real-estate cases.

Since my focuses are criminal defense, D.W.I. defense, and Vehicle and Traffic Tickets, I refer real estate work to a colleague who focuses their practice in this area of law.



Buffalo, NY

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Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 5pm
Saturday 8am - 5pm


(716) 464-3705


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