In this criminal case, defendant appealed from a judgment of the County Court, Nassau County (Jonas, J.), rendered November 18, 1991, convicting him of attempted murder in the first degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the second degree, criminal possession of…
Articles Posted in New York
Defendant Contends He Should Have Received Concurrent Sentences
In this criminal case, the proof established that in the five-year period from 1984 to 1989, the defendant represented himself as a spiritual healer, generally charging people $20 per consultation. During the consultations, the defendant purported to transform himself into various spirits who would offer advice and claim that they…
Court Determines if Defendant was Unlawfully Adjudicated a Persistent VFO.
In this case, the Nassau Criminal Lawyer said that, defendant was convicted of robbery in the first degree, a class B violent felony under Penal Law § 70.02 (1) (a). At his sentence, the People filed information alleging that defendant was a persistent VFO having been convicted of two previous…
Defendant Charged with Offering a False Instrument
In this criminal case, in 1986 although the installation of individual water meters was required in commercial and industrial buildings, 630,000 one and two family homes were unmetered and billed for water on an arcane basis unrelated to usage and predicated on property frontage. A New York Criminal Lawyer said…
Court Discusses Larceny Charges
In this case, Defendant has been charged with grand larceny, grand larceny by extortion, money laundering, and intimidating a witness. Complainants are the principal officers of the general contractor engaged in the rehabilitation of a hotel. A New York Criminal Lawyer said the defendant demanded periodic cash payments from Complainants…
Court Decides if Trial Court Erred in Vacating Sentence
This is a proceeding brought pursuant to Article 78 of the CPLR to prohibit respondent a Justice of the Supreme Court, Bronx County from vacating petitioners’ convictions and the sentences imposed thereon in violation of Article 440 of the Criminal Procedure Law, and to prohibit respondents and District Attorney, Bronx…
Defendant Contends Double Jeopardy
The Facts: On 18 April 1975, in the County of Queens, a person was assaulted and robbed. Among the items taken were a 1970 Cadillac, a wallet and four blank checks. Thereafter, that person’s signature was forged on two of the checks which bore the date 18 April 1975 and…
Evidence Inadvertently Destroyed Prior to Trial
The charges in this case arise from five separate incidents, beginning in July 1986. On July 3, 1986, a man representing himself as an executive of a foreign branch of a major company, asked that $5,000 in travelers’ checks be prepared and delivered to an associate. Thereafter, defendant appeared at…
Court Discusses Conspiracy Charges
The Facts: In the early 1960s, a man who was a resident of Queens County and a meter reader for a certain Company entered upon a scheme under which he accepted money from various investors, agreeing to pay them a return of 1% a week and explaining to them that…
Daughter Brings Wrongful Death Action
The Facts: Sometime in January 1990, a debtor shot and killed her husband (the decedent). Thereafter, the daughter of the decedent and Administratrix of the decedent’s estate filed a wrongful death claim in Texas State Court. Under the Texas wrongful death statute, the daughter as Administratrix (in charge with the…