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. he man tried to rape his sister. The sister resisted and was able to escape from her brother. She reported the incident…
Defendant is a violent predicate felon. On June 6, 1996, he entered a plea of guilty to the crime of assault in the second degree pursuant to Penal Law, Sec. 120.05(7), a subdivision which is applicable to assaults committed inside a prison facility. A New York Criminal Lawyer said he…
In this case, the Appellants were charged with informations of robbery and convicted of grand larceny. Since the informations contained no allegation of the value of the stolen property, the court reversed the conviction and remanded the case for entry of judgments of petit larceny only. A New York Drug…
In this drug offense case, defendant was found in his apartment with 6¼ grams of heroin about twenty to thirty minutes after a package containing 13 grams of heroin was delivered by mail to his apartment. Customs and postal inspectors had discovered the heroin in the package when it had…
Sometime on July 14, 1995 at 11:30 pm two police officers were in a police cruiser and they were parked with the headlights turned off. A New York Criminal Lawyer said they were observing two men outside an auto mechanic’s garage which was already closed for the night. The two…
The complainant brought this action to recover damages for injuries he claims to have suffered as a result of being knocked down as he attempted to board a bus operated by the accused. At the time of jury selection, the complainant moved to preclude the accused from offering evidence of…
On the night of the accident, a city police officer, while in his patrol car, stopped a man’s automobile in the area where the breaking and entering had occurred. An officer with the sheriff’s department saw a record player, a record player stand, assorted women’s clothing, and a rifle in…
In this case, the Appellant sought review of the sentences imposed based upon inaccurate sentencing guidelines scoresheet, and a written probation order that included a condition which was not pronounced orally at the sentencing hearing. The court reversed the sentence imposed and remanded the case for resentencing. A New York…
In this criminal case, petitioner fired several shots into the home of an African-American family and made a statement which he later retracted that he did not want the family in his neighborhood because of their race. A New Jersey Criminal Lawyer said that, he was charged under New Jersey…
This case is about an appellant who was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). Appellant argued that the evidence presented by the prosecution was insufficient to support his conviction. Although the sufficiency of the proof presented a close question, after…