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,…
Articles Posted in DWI / DUI
Defendant Claims Double Jeopardy
This involves an application for stay pending appeal to the United States Court of Appeals for the First Circuit from an order of the United States District Court for the District of Massachusetts denying applicant’s request for a temporary restraining order. The Court of Appeals likewise denied the petition. A…
Defendant Contends Search of Vehicle and Arrest Unlawful
The Facts: The seizure of evidence from the defendant was an offshoot of a joint investigation undertaken by the DEA and New York State law enforcement authorities. A New York DWI Lawyer said the purpose of the investigation was to identify the members of a drug dealing organization, its suppliers…
Court Finds Warrant Inappropriate
In 2003, the Village of Westbury in New York created a question of law that is bound to have effects across the state. A New York DWI Lawyer said the situation was born of a problem with an illegal boarding house. The laws of the villages in the state of…
Court Discusses Presence of Probable Cause
The Facts: A New York DWI Lawyer said a customer service agent for an airline at Los Angeles International Airport became suspicious of two cartons delivered to the terminal. The cartons had been left for shipment to New York’s Kennedy Airport, consigned to a certain individual, care of defendant. Acting…
Court Discusses 8th Amendment
The Facts: Defendant is charged with two counts of criminal sale of a controlled substance in the third degree, in violation of § 220.39(1) of the Penal Law, committed on 18 October 1973, and two counts of criminal possession of a controlled substance in the third degree, in violation of…
Court Grants Order to Show Cause
The case involves the petitioner, U.S. Bancorp Equipment Finance, Inc. The respondents in the matter are Abraham A. Rubashkin, Joseph Rubashkin, Rivka Rubashkin, Rosie Sandman, Gutol Leiter, Hilgar Limited, 452-53rd Street Reality Company, A.A. Rubashkin & Sons Inc. 410 East 17th Street, LLC, 404 Realty Associates, LLC, and John Doe’s…
Court Discusses Forfeiture of Property Used to Commit a Crime
The Facts: A special proceeding has been instituted to declare a forfeiture of respondent’s 1987 Volkswagen which was seized during the course of his arrest on a drug possession charge. The arresting officer claims that he observed respondent arriving in his vehicle at a known drug location, then he saw…
Defendant Questions Charges of Alcotest
The People of the State of New York are the plaintiffs in the case. The defendant is Leonard DiBari. The case is being heard in Westchester County, Justice City of the Town of North Castle. Judge Elyse Lazansky is overseeing the case. The defendant, Leonard DiBari, is charged with driving…
Court Discusses Search and Seizure in Traffic Stop
The plaintiff in the case is the People of the State of New York. The defendant in the case is Craig W. Dixon. The case is being heard in the District Court of Suffolk County, First District. Judge Howard M. Bergson is hearing the case. The defendant, Craig W. Dixon…