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…
Articles Posted in DWI / DUI
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…
Court Discusses Use of Opinion Testimony
The Facts of the Case: On a Tuesday morning, at 4:37 A.M, a police officer was called to the area outside an establishment by the report of a fight. Upon arriving, the officer saw no fight, but observed the defendant’s vehicle parked in the lot with the engine running and…
Plaintiff Contends Insufficient Evidence for the Charges Against Him
In this drug crime case, defendant was convicted after a jury trial of criminal possession of a controlled substance in the third degree and unlawful possession of marijuana. A New York Criminal Lawyer said on this appeal, defendant contends that his conviction for criminal possession of a controlled substance in…
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…