On March 21, 2002, a defendant was sentenced to two years of probation in Michigan for attempted home invasion in the first degree. On August 22, 2003, the same man was charged in the Bronx with criminal sale of a controlled substance in the third degree and criminal possession of…
Articles Posted in Drug Possesion
Can the Mentally Ill Understand the Consequences of Their Actions?
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.…
Rape Charges Dismissed for Lack of Evidence
The man was charged with kidnapping in the second degree, two counts of assault in the second degree, attempted rape in the first degree and attempted sexual abuse in the first degree. The man was also charged with similar counts previously involving another woman but was later dismissed. Evidently, the…
Defendant Claims Bringing Up Prior Acts Prejudiced Jury
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…
Is Rape During a Hospital Stay Medical Malpractice?
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…
Defendant Contends All Evidence Is Circumstantial
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…
Court Discusses Use of Uncorroborated Evidence
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…
Issue of Consent Discussed in Rape Charge
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,…
Court Said Element of Penal Law Lacking
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…
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…