The defendant has been convicted of criminal sale of a controlled substance (drug possession) in the first degree (Penal Law, § 220.43) for allegedly selling a pound and a half of heroin to two undercover police officers in Manhattan. At the trial the defendant denied selling the drugs and testified…
Articles Posted in Criminal Procedure
HIV Positive Defendant Charged With Biting Victim
The parties of the case had a quarrel between them wherein the defendant had bitten the complainant during their squabble. A New York Criminal Lawyer said the People filed a motion to order the removal from medical records and non-disclosure of the HIV status of the victim from the defendant.…
Court Discusses Grand Larceny vs. Petit Larceny Charges
A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. The resident of the apartment left the apartment door open and left the man at the door while she went inside the apartment…
Court Distinguishes Between Petit Larceny and Felony Petit Larceny
The state charged appellant with armed robbery and resisting a merchant. The jury found her guilty of the lesser included offense of petit theft and resisting a merchant. The trial court adjudicated her guilty of the two misdemeanors. At sentencing, however, the court reclassified her conviction pursuant to section 812.014(2)(c),…
Defendant Claims Right to Speedy Trial Violated
The People of the State of New York are the plaintiff’s in this matter against the defendants D.W., who is also known as A.J., W.N. who is also known as W., and C.P., who is also known as A.. This case is being heard in the Westchester County Court. The…
Court Hears Institutional Reform Case
This is the latest appeal growing out of the nearly two-decade old, racial discrimination in employment lawsuit involving the Alabama Department of Transportation (ALDOT) and the State Personnel Department (SPD). Those two state agencies were sued in 1985 by what became two plaintiff classes of black employees and prospective employees.…
Court Discusses Sex Offender Management and Treatment Act
This case is being heard in the Supreme Court of the state of New York in New York County. The People of the State of New York are the petitioners in this matter and the respondent is J.S.. Case Facts A New York Criminal Lawyer said J.S., the respondent in…
Court Denies Motion for Habeaus Corpus
Bronx County Rape 1 This case involves the People of the State of New York and ex rel. C.T. relater against the respondent R.M. as the Warden of the Auburn State Prison. The case is being heard in front of the Supreme Court of Cayuga County. A New York Criminal…
Court Looks at Intent to Commit Petit Larceny
A man went to a house in a residential neighborhood. It was eleven thirty in the evening and all the three residents of the house were fast asleep. The man went up the roof and was preparing to enter the house through a bedroom with an open screened window. A…
Defendant Contests Risk Assessment Designation
Defendant W. was arrested for acting in concert with J.S. in allegedly committing the crimes of Kidnapping in the First Degree (Penal Law § 135.25 [1]), Rape in the First Degree (Penal Law § 130.35 [1]), Sodomy in the First Degree (Penal Law § 130.50 [1]), and Unlawful Imprisonment in…