(People v T, NY Slip Op 02442) The issue addressed here is whether a part of witness testimony was properly admitted as past recollection recorded, to supplement trial testimony. This court held that the trial court made a proper determination in admitting grand jury testimony, as part of past recollection…
(People v W, NY Slip Op 07926) The court states that pursuant to PL170.10 a sporting event ticket carries with it a legal right, obligation, interest or status. Therefore, the defendant can be prosecuted pursuant to PL 170.25. The defendant was accused of selling counterfeit tickets and was charged with…
People v. Gregory 2018 NY Slip Op 05332 Decision This is an appeal by Queens County Supreme Court where the defendant was convicted of second-degree burglary; second degree attempted burglary; fifth-degree criminal possession of stolen property and two counts of petit larceny. The defendant brings an appeal requiring suppression of…
People v. Cunny 2018 NY Slip Op 05191 July 11, 2018 Decision The defendant appeals a Supreme Court decision from Kings County, New York, where the defendant was convicted of assault in the 1st degree. Judgment was affirmed. On June 2, 2012, the complainant was hit in the head with…
Assault means something very specific when it comes to torts and personal injury law. In tort law, an assault refers to an attempt or threat of violence – not actual violence itself. This may surprise people. But it’s one of the first things most American lawyers learned in law school.…
Petitioner, by his attorney, has filed a writ of habeas corpus seeking vacatur of a parole warrant and release to parole supervision. Petitioner alleges that his right to due process and fundamental fairness was denied when the Division of Parole, having failed to establish probable cause at a preliminary hearing,…
Defendant was originally charged in criminal court with assault in the second degree, Penal Law § 120.05 (3), assault in the third degree, Penal Law § 120.00 (1), resisting arrest, Penal Law § 205.30, public lewdness, Penal Law § 245.00 (a), and disorderly conduct, Penal Law § 240.20 (1). Following…
Defendant and complainant are husband and wife. Immediately prior to his arrest, defendant and his wife were staying in separate cooperative apartments, each jointly owned by them, in the same apartment building in Manhattan. The larger of the two apartments was the couple’s marital home, while the smaller served as…
A Kings Criminal Lawyer said that, the defendant, charged with Attempted Assault in the Third Degree (PL §110/120.00[1]), moves to dismiss the superseding information pursuant to CPL 170.35(1)(a) for facial insufficiency. The People oppose. The accusatory portion of the superseding information alleges that, the Police Officer says that on or…
This is an appeal from the judgments of the Supreme Court, Bronx County, rendered March 26, 1992, convicting each defendant of two counts of robbery in the first degree, and one count each of assault in the first degree, grand larceny in the third degree, and criminal possession of stolen…