Legality as it involves persons who are mentally ill can become convoluted. Many cases have reached crossroads where the offender is mentally ill. The rights of the victim become confused with the ability of the offender to understand what occurred. In some cases, it is an even more horrendous injustice.…
Drug Possession crimes are a problem in every city in the United States, but courts do not usually expect to find them on their own back doorsteps. In the case of the Supreme Court of Bronx County in 1972, they did not expect to find the drug problem on the…
The Facts: At the time of the rape, the victim (or claimant) was 20 years of age and had a history of psychiatric problems, including several hospitalizations. She was hospitalized at South Beach in 1990 after trying to jump from a window. Other probable suicide attempts include setting the bathroom…
A woman who lived alone in an apartment in Manhattan called her boyfriend who lived in the Bronx. She said that a man was in her apartment. The man (the accused) had knocked and asked her if she could help him find the man who had raped his wife and…
The Facts: On 21 May 2008, as amended on 28 May 2008, defendant was convicted by the Supreme Court, Bronx County of rape in the third degree, a criminal law violation. He was sentenced as a second felony offender to a term of 2 to 4 years. The Ruling: Defendant,…
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…
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…
It is no secret that people make mistakes when they are young. It is not unreasonable to offer a second chance to those who are able to mature past their youthful indiscretions. The Rockefeller Drug Law reforms were created as a means to offer second chances to those offenders who…
The Facts: On 7 June 1982, defendant and his wife separated after fourteen years of marriage. Defendant moved out of their marital residence and rented an apartment. A New York Criminal Lawyer said that on 3 November 1982, defendant was summoned and appeared before the Family Court to answer charges…
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…