On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends. The house where the…
Articles Posted in Criminal Procedure
Court Rules Upon Third Petit Theft Conviction, Offense is a Felony
In a court proceeding, a man filed an appeal for his conviction and sentence for felony petit theft. He asserts that the subsection of the statue convicting him does not permit consideration of convictions for petit larceny. A New York Criminal Lawyer said that based on records, petit theft is…
In Consecutive Sentences it Depends on Whether the Acts Were Committed with the Requisite Intent
An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…
Court Looks at Complex Resentencing Issue for Defendant
Defendant was convicted of Criminal Sale of a Controlled Substance in the Third Degree and on November 19, 2002 given an indeterminate sentence of imprisonment with a term of 2-6 years. A Bronx Drug Crime Lawyer said that, the People assert that the Defendant engaged in the sale of $350…
Court Discusses Depraved Indifference to Murder Charge
On May 11, 2004, a firefighter conducting a routine building inspection discovered the body of 42-year-old woman on the roof of a building in the Bronx. A New York Criminal Lawyer said the black plastic bag covered the woman’s head and was knotted tightly around her neck. When the body…
Husband Accused of Lying Under Oath
The complainant husband was granted an uncontested divorce from defendant-wife on the ground of constructive abandonment. This cause of action, often referred to as sexual abandonment, is perhaps the ground most widely used in proceedings where both sides agree to the divorce. A New York Criminal Lawyer said that as…
Child Put in Foster Care After Severe Abuse
Appellants are parents of three children and their parental custody was removed by the court, thus, the appeal was filed before the court for resolution. In 1997, the father raped her 8-year old daughter during the time that his wife and two sons were asleep at the living room of…
Defendant Claims Insufficiency of Evidence in Heroin Possession Case
Defendant was charged with a drug crime, particularly, for possession of heroin and filed an appeal before the court for his conviction. Appellant averred that there was insufficiency of evidence, admissibility of the testimony pertaining to other drugs than those of which he was indicted and trial judge’s charge to…
Plaintiff Requests Anonymity in Sex Crimes Case
Plaintiff alleges that on October 10, 2007 at the nightclub “Tenjune,” in the Meatpacking District of New York City, defendant, an NBA basketball player “grabbed the plaintiff’s buttocks and `crotch’ area on multiple occasions without her permission and consent.” A New York Criminal Lawyer said that, plaintiff, now moves by…
Defendant Charged with Grand Larceny and Petit Larceny Challenges Sufficiency of Evidence
A man, who was found guilty of grand larceny and petit larceny, filed an appeal and urges the insufficiency of the evidence to support his convictions. But, the court finds the evidence sufficient to support the charges. The court therefore affirmed the conviction and sentence. Based on records, a New…