This case involves the People of the State of New York against the defendant, Hopeton Gooden. The case is being heard in the Supreme Court of the State of New York located in Bronx County. The defendant of the case has moved to vacate his judgment of conviction. Case Background…
Articles Posted in DWI / DUI
Defense Claims a Reduction in Sentence is Merited
The respondent in this matter are the People of the State of New York. The People of the State of New York are represented by the office of Patrick Henry, District Attorney in Riverhead. Michael Blakey is their counsel. The appellant of the case is Alan M. Buckmaster. He is…
Court Discusses Ability to Consent
The complainant, a 19-year-old woman, reported to the town police that she had been raped and sodomized at gunpoint on a deserted beach near her home. The complainant testified that at about nine that evening she had received a phone call from a friend, telling her that he was in…
Court Discusses Concept of Equal Protection
The Facts: Sometime in 1978, defendant and his wife got married. In October of that year, shortly after the birth of their son, defendant began to beat his wife. In early 1980, the wife brought a proceeding in the Family Court in Erie County seeking protection from the defendant. On…
Rape Trauma Syndrome Discussed by Appellate Court
The Facts: On 10 September 1988, the victim, a married college professor, was driving from her home to a family wedding when, at about 7:30 P.M., she was stopped on the Northway by defendant, then a uniformed State Trooper. At defendant’s request, she gave him her license and registration. Defendant…
Defendant Brings an Appeal for Incest Charges
The accused was indicted for rape, assault and incest. The complainant is his thirty-six year old half-sister. The court dismissed the first count of the indictment charging rape by force, and the jury found the accused guilty of the remaining count of rape under the Penal Law, assault and incest.…
Attorneys Argue Issue of Consent
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,…
Defendnt Claims Jury Was Prejudiced Against Him
A female civilian employee at a correctional facility was walking down a hallway reserved for civilian employees only. Suddenly a man came up behind her and put his hand over her mouth. The woman struggled to free herself and asked the man what he wanted. He did not reply. He…
Defendant Say He Cannot Be Indicted on Uncorroborated Testimony
The fifteen year old alleged kid victim related that on July 13, the accused approached him in back of a store and started to talk to him about different things, such as drugs and pinball machines. The accused reached into his pocket for some old coins. He accused the kid…
Court Discusses How an Individual Under Age 17 is Unable to Give Consent
The man is charged with the offense of rape in the first degree and incest. However, the man moved his legal action for certain relief, discovery and inspection as well as dismissal of the accusatory instrument. The man alleged that the provisions of penal law are unconstitutional and therefore the…