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…
Articles Posted in Bronx
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…
Court Looks at Whether Key Evidence Should be Excluded
This involves a criminal case where the court excluded the evidence sought to be introduced in a prior, uncharged incident stating it was largely irrelevant from the alleged crime from which defendant is being indicted. A New York Criminal Lawyer said on September 20, 1985, police officers chased herein defendants…
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…
Issue Involved Whether Defendants Guilt was Proven Beyond a Reasonable Doubt
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…