The Facts: On 10 October 1965, defendant broke and entered a room, housing at that time the complainant alone, armed with a knife, forcibly committed upon her person (according to the complainant’s testimony) an act of consummated, though uncorroborated, rape. Thereafter, defendant is charged with the crimes of Burglary Third…
Articles Posted in Nassau
Defendant Files a 440 Motion
The Facts: Defendant was originally charged with Rape in the First Degree, Sodomy in the First Degree, Sexual Abuse in the First Degree, and Menacing in the Third Degree. Thereafter, defendant was found guilty of Sodomy in the First Degree but not guilty on the rest of the charges. Defendant…
Court Decides Outcome of Repeated Probation Violations
Many people view juvenile delinquency as a problem that the child will outgrow. Unfortunately, violence among teenagers has become extreme with the addition of gangs and gang violence in the United States. These juveniles are often on the road to becoming career criminals no matter what actions that the courts…
Court Decides if Confession of Minor is Admissible
A peace officer (not a police officer) was walking along the corner of 14th Street and 31st Avenue at around 6:30 p.m. on July 19, 1963. He saw a 15 year old boy standing on that street corner. A New York Drug Crime Lawyer said he saw another person approach…
Defendant Contends Burden of Proof was Not Met
A girl was convicted of criminal sale of a controlled substance in the first degree, for which she was sentenced to a prison term of eight years to life. She was imprisoned and already served her three years term. The girl contends that the evidence at her trial failed to…
Defendant Claims Illegal Search and Seizure by Police
On October 10, 1979, three uniformed police officers in a marked police car approached the vicinity of Seventh Avenue between 143rd and 144th Streets. At that time, one of the police officers saw the defendant at 144th Street and Seventh Avenue, a known area for drug crimes. A New York…
Defendant Claims Confession Illegally Obtained
This case was brought in court to determine whether the rule applies even if the interrogator is unaware that an imprisoned man is represented by an attorney. Based on records, the right to counsel rule signifies that an accused in custody in connection with a criminal matter for which he…
Court Discusses Jurisdiction Over Juvenile Defendant
The Facts: Two witnesses testified at a fact-finding hearing. On 7 September 1978, sometime after 5:30 P.M., the victim alleges that he heard rocks strike the side of his house. A New York Drug Possession Lawyer said that such an event had occurred previously and he testified that he knew…
Defendant Claimed that Repeated Playing Offensive Video Swayed the Jury
The state of New York filed a complaint charging a man with three counts of forcible touching, three counts of sexual abuse in the second degree, three counts sexual abuse in the third degree, two counts of endangering the welfare of a child, aggravated harassment in the second degree, and…
Court Seeks to Raise Defendant’s Sex Crime Offender Level
This is a case being heard in the Supreme Court of the State of New York in Kings County. The case involves the people of the state of New York versus Alexis Liston. Case This is an instant action brought forth against the defendant to raise his level of sex…