The defense motion to dismiss the charge of Driving While Ability Impaired by Alcohol, a traffic infraction, pursuant to the speedy trial provisions of Criminal Procedure Law (CPL) is denied. While CPL does not apply to traffic infractions there is a constitutional right to a speedy trial which has not…
Articles Posted in New York
Court Weighs Plaintiffs Injuries Against Applicable Insurance Law
A motion by the accused woman for an order awarding her summary judgment dismissing the claims of the complainant that she did not sustain a serious injury within the meaning of Insurance Law is granted. A cross-motion by the complainant husband for an order awarding him summary judgment dismissing the…
Accused DWI Defendant Claims Police was Coerced to Take Breathalyzer Test
A police officer was called to the scene of a traffic accident involving two vehicles. When the police officer arrived he noticed that one of the drivers who figured in the accident had slurred speech, red and watery eyes and he was unsteady on his feet. The police officer immediately…
Court Looks at Complex Resentencing Issue for Defendant
Defendant was convicted of Criminal Sale of a Controlled Substance in the Third Degree and on November 19, 2002 given an indeterminate sentence of imprisonment with a term of 2-6 years. A Bronx Drug Crime Lawyer said that, the People assert that the Defendant engaged in the sale of $350…
Court Decides Whether Prior DUI Convictions are Allowed as Evidence
The Facts of the Case: On 11 October 1988, the petitioner was charged in the circuit court with three traffic-related offenses. One of the charges was for DUI (DWI) in violation of the Florida Statutes, to wit: that any person who is convicted of a fourth or subsequent DUI violation…
Defendant Claims Ineffective 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. Defendant’s Case On or about the 6th of August, 2011, the defendant filed a pro se motion to have his conviction of rape…
Defendant Cites 6th & 14th Amendment
Under Massachusetts procedure, a ‘two-tier’ system is utilized for trial of a variety of criminal charges. The initial trial under this system is in a county district court or the Municipal Court of the City of Boston. No jury is available in these courts, but persons who are convicted in…
Defendant Moves to Supress Physical Evidence
On January 20, 1984, two police officers were on patrol in a marked police car, when they observed a white, 2-door Pontiac stopped or standing adjacent to a fire hydrant, at the intersection in the Bronx. he police officer who had been operating the patrol car stopped and requested the…
Defendant’s Probation is Revoked
The People of the State of New York are the respondents of this case. Steve Hobson is the appellant. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The defendant is appealing an amended judgment from the County…
Defendant Challenges Indictment
This is a case where the court affirmed that custody of the appellant to a representative of the commonwealth of Massachusetts, pursuant to a warrant issued by the Governor of New Jersey under section 5278, is valid and binding. Appellant committed a robbery in Massachusetts on or about August 18,…