A man moved for an examination of the stenographic minutes from a grand jury proceeding for the purpose of determining whether the evidence was legally sufficient to support the charge contained in the indictment and whether the legal instructions given to the grand jury were sufficient. He also seeks dismissal…
In this case, the defendant is a self-styled Hispanic civil rights advocate. He threatened to wreak one-half million dollars’ worth of damage to Citibank’s automatic teller machines in an attempt to induce Citibank to give money to several organizations. A New York Criminal Lawyer said that on the evening of…
The appellant was convicted by a jury on the charges of possession of marijuana possession with intent to distribute and conspiracy to possess marijuana with the intent to distribute. The appellant is appealing the convictions on two grounds. First, he states that the evidence in the case is insufficient for…
The government is appealing the sentence of only 55 months for the defendant for being a felon in the possession of a firearm. A New York Criminal Lawyer said the government challenges the determination from the Supreme Court that the defendant was not an armed career criminal. Furthermore, the government…
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. As they were…
Respondent inmates brought this class action in Federal District Court challenging the constitutionality of numerous conditions of confinement and practices in the Metropolitan Correctional Center (MCC), a federally operated short-term custodial facility in New York City designed primarily to house pretrial detainees for federal criminal offense. A New York Criminal…
A man broke into and entered a dwelling house. Once inside, he committed grand larceny by taking away from the premises properties belonging to the owner of the dwelling house which amounted to more than one hundred dollars. The prosecutor was charged under an information with two crimes: the breaking…
The People of the State of New York are the respondents in this case of appeal. The appellant is J.L., who is appealing a verdict that was made by a jury in the Supreme Court of Bronx County on the 19th of March, 1984. This verdict convicted the defendant of…
This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. § 2244(d)(1); and the rule that pleading amendments relate back to the filing date of the original pleading when…
This is a matter of an application made by the petitioner Ronald M. in regard to a judgment that was filed in the Franklin County Clerks office on the 29th of January, 2008. The respondent in the case is Brian F. who is the Commissioner for the NYS Department of…