A man lived in his mother’s house with his sister who was a minor. One day, the man chanced upon his sister in the bathroom of their house. The man tried to rape his sister. The sister resisted and was able to escape from her brother. She reported the incident…
Articles Posted in New York
Defendant Moves to Suppress Physical Evidence
An undercover policeman, equipped with a hidden transmitter, entered a social club and, for fifty dollars, purchased cocaine from a man in the front room. He left the club and radioed his backup team. Because the transmission was garbled, they understood only that he had made a buy. The sergeant…
Defendants Court Had Improper Jurisdiction in Rape Case
On December 10, 1980, two men armed with a shot gun entered a fast food restaurant in Nassau County. They threatened the employees with bodily harm if they did not hand over the cash in the cash box. When the two female employees handed to the two armed men all…
Petitioner Requests a Recalculation of his Sentence
In 1996, after a jury trial, petitioner was convicted of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree. He was sentenced to concurrent indeterminate terms of 7½ to 15 years on each charge. In 1997, petitioner was…
Court Looks at Defendant’s Repeated Parole Violations
This case is about the Petition for a Writ of Habeas Corpus filed by the Petitioner who challenged his continued incarceration in the custody of the New York State Department of Correctional Services (DOCS). He argued that the delinquent time assessment imposed on November 5, 2008 following his final parole…
Court Discusses Immunity Offer Made by Grand Jury
Television shows often idealize the criminal who turns states evidence and is given immunity from prosecution. Because of this, people who commit crimes sometimes think that they can just turn evidence on a co-defendant and get immunity for the crimes that they have committed. A New York Criminal Lawyer said…
EMT Assaulted During Call
Many people do not appreciate the unpredictability that comes with the job for an emergency medical technician. Often, a New York Sex Crimes Lawyer said they do not have any idea of the volatility of the situation that they have been dispatched to. In most cities, if the call is…
Court Looks at Jurisdiction Issue
When people have contacts that are strong in other countries, they can sometimes become confused about how to handle family law situations so that they are in compliance with the laws of New York. New York is well known for being a hub for many different cultures. Many people from…
Defendant Moves to Have Sentence Set Aside
The defendant moves pursuant to Section 440.20 of the Criminal Procedure Law to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. A New York Drug Possession Lawyer said the sole issue raised by the defendant is…
Defendant Refuses to Give DNA Sample
Seven men were grouped together outside a house. They were talking loudly together and drinking. One of the neighbors called the police and so two uniformed police officers were dispatched to the scene. The police officers had their police badges and did not have their guns drawn. A New York…