A job contractor entered into a contract with an elderly homeowner for minor repairs to his house. When the minor repairs were finished, the job contractor asked the man to sign a receipt. A New York Criminal Lawyer said the homeowner was functionally literate, that is he can only read…
Articles Posted in Grand Larceny
Appellant Contends Summary Judgment was in Error
In her complaint the appellant averred that she was maliciously prosecuted when the appellees, acting in concert, caused her arrest and induced the County Solicitor of Dade County to file information in which she was charged with grand larceny, a charge the appellees knew was false. The pleader detailed the…
Court Decides Conspiracy Charges
In this criminal case, a shoplifter had been apprehended and brought to the office of Carl G., a 22-year old office manager of a food store, and after some discussion G agreed to ‘forget’ the whole incident upon payment to him of $500. A New York Criminal Lawyer said upon…
Defendants Contend Court Lacks Jurisdiction
The Facts: Stemming from a grand larceny case where defendants were convicted, at an Extraordinary Special and Trial Term of the Supreme Court, of conspiracy in the fourth degree, hindering prosecution in the third degree and official misconduct, the Appellate Division, on appeal, found that the evidence was legally insufficient,…
Court Discusses Crime of Conspiracy
This involves a case where the court dismissed the indictment against defendants for conspiracy in the fourth degree (two counts), hindering prosecution in the third degree (two counts) and official misconduct (two counts). In the early 1960s, JF, a resident of Queens County and meter reader for a company, entered…
Court Reviews Judiciary Law
This case is being heard in the Appellate Division of the Supreme Court of the State of New York, First Department. The matter at hand deals with the attorney and respondent of the case, Eric Alan Klein. The petitioner in the case is the Departmental Disciplinary Committee for the First…
Defendant Files Motion to Dismiss Due to Transactional Immunity
In 1980, the district attorney summons a grand jury to investigate allegations concerning a gas company. In connection with that investigation, the district attorney issued a subpoena directing the company’s president, to present to the grand jury numerous books and records of the company. In addition,a New York Criminal Lawyer…
Court Discusses Elements of Asssault
This involves a case where the Court of Appeals concluded that defendant acted with intent to prevent an emergency medical technician (EMT) from performing a lawful duty when he caused an EMT to suffer physical injury. On the day before Christmas 2006 at about 2:20 A.M., two emergency medical technicians…
Court Discusses Whistleblower Law
A woman was employed from a not for profit agency. She worked as a coordinator of the employment services. A New York Criminal Lawyer said when she was still a probationary, she was terminated for alleged unsatisfactory job performance. Eleven months later, she initiated an action claiming that she was…
Defendant on Trial for Larceny by Embezzlement
An Armored Courier Corp. warehouse in Bronx County was burglarized and robbed of some $11 million by individuals unconnected to the company, who were later apprehended and prosecuted. In the aftermath of the robbery, the Bronx County District Attorney’s office focused its attention on the company’s-own business practices. A series…