The charges arose from alleged unlawful rent increases obtained from the New York Temporary Housing Rent Commission by the defendant as one of the owners or managers of a rent controlled apartment house property in Mount Vernon, New York, by falsely stating, or by aiding, abetting and inducing the false…
Articles Posted in Criminal Procedure
Court Discusses Elements of Larceny
A couple was on welfare. A New York Criminal Lawyer said they received a check from the New York Department of Social Services. They were entitled to a sum but they received a check that was over and above the sum they usually received. On the back of the welfare…
Defendant Charged with Assault in Times Square Incident
Defendant was indicted on two counts of assault in the second degree, one count of robbery in the third degree, and one count of reckless endangerment in the first degree based on an incident early New Year’s morning 1985 near Times Square. A New York Criminal Lawyer said it was…
Defendant Pleads Guilty to Grand Larceny Charges
A man was charged with grand larceny for having taken a car from its owner. A New York Criminal Lawyer said the car was valued at $500. The indictment stated that the man intended to deprive the owner of the car the use and benefit of the car. And when…
Defendant Claims the People Failed to Establish Burden of Proof in Larceny Case
This is an appeal by defendant from a judgment of the County Court, Suffolk County, rendered April 21, 1976, convicting him of grand larceny in the second degree (13 counts) and grand larceny in the third degree (2 counts), upon a jury verdict, and sentencing him to indeterminate terms of…
Court Decides Domestic Violence Charges
First Case: On or about 8 July 2008, a Family Court in Bronx County found that respondent mother permanently neglected her children. The judgment was appealed and the court now affirms said order, without costs. Here, a New York Criminal Lawyer said the court finds that the neglect findings are…
Defendant Brings Omnibus Motion to Suppress Identification Testimony
This is an appeal by the defendant from a judgment of the County Court, Dutchess County, rendered February 13, 2008, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch…
Defendant Contends Four Level Enhancement of Sentence Was Incorrect
A New York Drug Crime Lawyer said the defendant is appealing a 75 month sentence that was imposed on him when he pled guilty to being a felon in possession of a firearm. The defendant argues on appeal that the district court made an error when they imposed a four…
Defendant Contends Confession was Coerced
In summary, the accused was arrested for possession of a weapon and when brought to the station he asked the police officer that he would cooperate in bringing additional guns through his wife. A few hours later, he was already suffering from heroin withdrawal that prevented him to being brought…
Police Officer Hurt in Domestic Violence Call
First Case: Sometime in March 1998, petitioner who is a police officer since 1989 was suffering from depression and suicidal ideation and was admitted to a psychiatric hospital. A New York Criminal Lawyer said the petitioner was out of work for several months after which time she returned to light-duty…