The defendant moves pursuant to Section 440.20 of the Criminal Procedure Law to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. A New York Drug Possession Lawyer said the sole issue raised by the defendant is…
Articles Posted in Queens
Court Looks at Double Jeopardy Issue
According to a New York Drug Crime Lawyer, on April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from…
Court Holds Municipality has no Immunity
On February 20, 1967, the then City Manager of respondent city of Independence, appointed petitioner to an indefinite term as Chief of Police. In 1972, petitioner and a new City Manager, engaged in a dispute over petitioner’s administration of the Police Department’s property room. In March of that year, a…
Court Discusses 4th Amendment Issues
On February 26, 2001, three detectives, assigned to anticrime patrol in an unmarked Chevrolet Blazer and traveling northbound on Valentine Avenue in Bronx, were stopped at a red light at the intersection of Valentine Avenue and 184th Street, a high crime area. The Chevrolet Blazer was the first in line…
Court Discusses Amended Habeas Petition
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…
Plaintiff Alleges Assault
In this case of the People of the State of New York verses the defendants Smithtown General Hospital, Lorna Salzarullo, David Lipton, Harold Massoff, Lorna Salzarullo, and Mary Chiu, are charged with allowing a prosthetic devices salesman to participate in a meaningful way during a surgical procedure that was being…
Court Discusses Mental Hygiene Law
This is a case of the People of the State of New York versus the defendant, Gil Rivera. The case is being heard in the Criminal Court of the City of New York in Bronx County. The defendant has moved to set aside the sentence that has been imposed on…
Defendant Shown to Have Mental Illness
Suffolk Drug Crime 20 This case involves a matter of a recommitment proceeding in relation to Criminal Procedure Law in relationship to the respondent Francis S. The petitioners and appellants in this case are the District Attorney of New York County and the Commissioner for the New York State Office…
Court Reverses Decision in Robbery Case
Suffolk Drug Crime 23 The People of the State of New York are the respondents in this case. Peter Wayne Orth is the appellant. The case is being heard in the Supreme Court, Appellate Division, Second Department. The defendant is appealing a judgment made by the Supreme Court of Suffolk…
Defendants Contend Out of Court Identifications Should Be Supressed
On July 11, 1977, in their Coral Gables home, a couple was robbed at gunpoint by two men, who took several items of jewelry and other valuables and then fled. The husband had had a recent eye operation and could make no identification. The wife, on the other hand, got…