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. The man tried to rape his sister. The sister resisted and was able to escape from her brother. A New York Criminal…
Articles Posted in New York
Court Contends Mental Hygiene Hearing was Unnecessary
This is a case for appeal being heard in the Third Department, Appellate Division of the Supreme Court in the State of New York. Mark S. is the appellant of the case and the State of New York is the respondent. Mark S. is appealing two orders that were made…
Court Discusses Concept of Double Jeopardy
In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, #2, and #3, along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from May, 1971 until the…
Defendant Claims Grand Jury Direction was Incorrect
The People of the State of New York are the plaintiffs in this case against the defendant L.P. This case is being heard in the Supreme Court of the State of New York in Bronx County, Part C. The People have moved for an order to amend the direction of…
Court Discusses Blockburger Test
In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Defendant Contends Ineffective Assistance of Counsel
This is a case being heard in the Supreme Court of Bronx County. The case involves the People of the State of New York versus the defendant E.D.. Defendant’s Case A New York Criminal Lawyer said on or about the 6th of August, 2011, the defendant filed a pro se…
Court Determines an Error in Sentencing
In this case, the appellant was tried before the court without a jury and found guilty of the crime of breaking and entering a dwelling with intent to commit a felony, to-wit, grand larceny, and of the crime of grand larceny. Separate sentences were imposed thereon for imprisonment for a…
Appellate Court Agrees Trial Court Erred in Disallowing Expert Testimony
This is a case being heard in the Supreme Court of the State of New York in New York County. The case involves the People of the State of New York versus the defendant Q.A.. Case Background A New York Criminal Lawyer said on the second of June in 2005…
Court Discusses Concept of Reasonable Suspicion
In this criminal case, at the hearing, the People called two witnesses: New York Drug Enforcement Administration Special Agent Salvador Aceves, and New York City Police Department Detective John Reilly. The defense called no witnesses. Agent Aceves testified that on April 3, 2008, he, along with his supervisor, K.B, and…
Court Discusses Jury’s Pardon Power
Respondent was charged with and convicted of robbery of property having a value of less than $100. At trial, he requested a jury instruction on petit larceny. The court refused the request, instead instructing the jury on attempted robbery. A New York Drug Crime Lawyer said that on appeal, the…