The defendant in this case was charged with Rape in the first degree. He filed a motion to suppress any line-up or photograph identification. He argued that the result of a line-up conducted by the Suffolk County Police Department violated his rights under the Fourth, and Fourteenth Amendments of the…
Articles Posted in Bronx
Defendant Had Eviction Notice Filed Against her for Drug Activity
On August 2006, a detective recovered a loaded handgun and approximately 300 small glassine and zip lock bags which were later tested and found to contain a total of 1/8 oz + 0.2 grains of heroin and 1/8 oz + 4.5 grains of cocaine from a woman’s bedroom. An individual…
Court Discusses Plain View Doctrine
This involves a drug crime case where the court concluded that the warrantless seizure of the package by the police officers to the defendant was proper. The police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County in conjunction with a long-term narcotics investigation, during…
Defendant Contends his Right to Counsel was Violated
In January 1971 a liquor store was robbed by four armed men. While they were robbing the liquor store, the owner of the liquor store was shot and he died. The police who investigated the liquor store robbery arrested three of the four armed men. A New York Criminal Lawyer…
Court Decides Whether to Disbar a Lawyer
In October 1993, a lawyer, a member of the New York Bar was arrested at 9pm on a street corner in the Bronx. He was arrested and charged with criminal crack cocaine possession. In June 1998, the same lawyer was apprehended by police officers at a street corner after he…
Court Hears Motion to Amend Grand Jury Instruction
The People of the State of New York are the plaintiffs in this case against the defendant Luis Pantojas. This case is being heard in the Supreme Court of the State of New York in Bronx County, Part C. The People have moved for an order to amend the direction…
Defendant Brings Motion to Surppress Motion for Incriminating Statements
Defendant was indicted for second degree murder, second degree assault, and second degree weapon possession in connection with a shooting in Brooklyn. One man was shot to death and another was wounded. Thereafter, the Defendant was arrested for a drug crime in Manhattan where he was represented by counsel for…
Claimant Claims She was Incarcerated too Long
The claimant who is now 54 years old, has a long history of drug abuse and a lengthy criminal history, consisting primarily of drug crime offenses. Lapidus dropped out of school in the seventh or eighth grade because she was having problems at home, and began using speed and heroin…
Defendant Claims Court Erred Under SORA Guidelines
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…
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…