A 19-year old woman received a phone call from a male friend who told her that he was very upset and wanted to talk to her in person. The 19-year old borrowed her mother’s car and went to the parking lot where she agreed to meet her friend. As she…
Articles Posted in DWI / DUI
Defendant Convicted of Conspriracy Brings Appeal
There is no secret to the fact that the federal government has many different organizations that are created with the intent of preserving the nation’s laws and integrity. One of the groups that were tasked with taking action against subversive groups was created in 1912 under the name of the…
Defendant Claims Charges Unconstitutional
A man was arrested and charged with illegal heroin possession and illegal possession of hypodermic needle and syringe. Even before the man was brought for arraignment, he already filed a motion to dismiss the information on the ground that the laws punished the misdemeanor offense of illegal possession of hypodermic…
Defendant Claims Prior Felony Should Not Be Counted
The Facts: On 10 November 1952, appellant pleaded guilty of attempted violation of section 1751 of the Penal Law as a felony; a violation of the Public Health Law with respect to narcotic drugs; a drug crime. A New York DWI Lawyer was presented therein that the appellant had been…
Court Decides Alleged Violation of 4th Amendment Rights
In these unrelated appeals, each accused challenges the denial of suppression of vials, crack cocaine possession and other physical evidence on the ground that his Fourth Amendment right to be free from unreasonable searches and seizures was violated by the warrantless police search of his car. In both cases, accused…
Court Discusses Risk Levels of Sex Offenders
The Facts: On 5 March 1993, defendant was arrested, and charged with Rape in the First Degree, Sex Abuse in the First Degree, and Endangering the Welfare of a Child based upon the complaint of child-one, a ten-year old who stated that defendant had removed her clothing, spread her legs,…
Court Weighs Possibility of Taking DNA Samples
A man is charged with menacing in the third degree, sexual misconduct, sexual abuse in the third degree and harassment in the second degree. The opponent moves for an order to permit the taking of DNA samples from the man’s cheek cells for the purpose of testing and analysis. The…
sex crimes
The Facts: A police officer allegedly observed the defendant remain in or wander about a public place for twenty minutes, during which defendant repeatedly beckoned to passers-by and stopped two passers-by, engaging in conversation with said passers-by; stop only male passers-by and defendant did not beckon to or converse with…
Court Discusses Use of Defendant’s Prior Acts Presented at Trial
Drug crimes are a problem in every city in the United States, but courts do not usually expect to find them on their own back doorsteps. A New York DWI Lawyer said in the case of the Supreme Court of Bronx County in 1972, they did not expect to find…
Court Discusses Discrimination Based on Sexual Orientation
This is a case involving an application for Gena M. Daniels to change her name to Gena M. Zaks. The petitioner is being represented by Yetta G. Kurland from New York City. The case is being heard by Judge Paul G. Feinman. Petition The petitioner, Gena M. Daniels, is seeking…