Plaintiff commenced this action seeking damages for false arrest, false imprisonment and malicious prosecution, based upon his arrest for assault which later became a murder charge for acts allegedly committed. Plaintiff was incarcerated for 333 days. The charges remained pending for nearly 8 more months after plaintiff was released from…
Articles Posted in Assault
Police Officer Receives Criminal Charges
This is a case of appeal being heard in the Second Department, Appellate Division of the Supreme Court of the state of New York. The appellant in the matter is Charles O. Sharkey. The respondents in the matter are the Police Department of the town of South Hampton, et al.…
Court Examines SORA Designation
The Facts: The defendant appeared before the Court for a risk level determination pursuant to the Sex Offender Registration Act. The defendant has a criminal history which dates back to the 1950’s and includes a number of crimes committed in Virginia, viz: Rape in Virginia, in 1955; Felony Cutting with…
Court Discusses Elements of Asssault
This involves a case where the Court of Appeals concluded that defendant acted with intent to prevent an emergency medical technician (EMT) from performing a lawful duty when he caused an EMT to suffer physical injury. On the day before Christmas 2006 at about 2:20 A.M., two emergency medical technicians…
Court Decides Case Where Defendant is Police Officer
This is a case of appeal being heard in the Second Department, Appellate Division of the Supreme Court of the state of New York. The appellant in the matter is Charles O. Sharkey. The respondents in the matter are the Police Department of the town of South Hampton, et al.…
Defendant Uses Failure to Report Rape as a Defense
Two women were hired, one after the other, as data entry technicians for a company that manufactures, markets and directly ships children’s clothing and accessories. Both women were immigrants from Russia without relatives or connections in the United States. Both complained of sexual harassment, sexual assault and sexual abuse from…
Defendant Brings Motion to Bring In Expert Testimony
This case involves the People of the State of New York versus the defendant Quentin Abney. The case is being heard in the Supreme Court of the State of New York located in New York County. Case Background The defendant has been convicted by a jury for the crime of…
Second Indictment of Defendant Nullifies First Indictment
The People of the State of New York are the plaintiffs in this case. The defendant of the case is Gus Franco. The case is being heard in the criminal term of the Queens County Supreme Court in the state of New York. The defendant has moved to have the…
Defendant Seeks Resentencing
This case involves the People of the State of New York versus the defendant Richard DeMarco a/k/a Richard Machado. The case is being heard in the Queens County Court. Judge John F. Scileppi is residing over the case. The defendant of the case has moved for a writ of error…
Court Discusses Changes in Law for Rape Charges
Prior to 1974, a rape conviction was not able to be obtained on the uncorroborated testimony of the victim. In order to corroborate a testimony, the victim would have to be able to produce an eye witness or some other type of physical evidence. Prior to 1974, there was no…