People v. B 2018 NY Slip Op 04032 June 7, 2018 The defendant was charged with possession of a switchblade knife and charged with criminal possession of a weapon in the 4th. A switchblade knife is defined by Penal Law 265.00(4), which states it is a knife where it opens…
Articles Posted in Gun Possession
Defendant Seeks to Represent Himself in Court
People v. S New York Slip Op. 02286 April 3, 2018 There are two issues to address in this case. The defendant argues that he was denied the right to represent himself in court when he asked to do so. He also argues that he was denied his right to…
Criminal Possession of a Weapon in the Second Degree
NY Criminal Defense and New York Penal Law 265.03 – Criminal Possession of a Weapon in the Second Degree Criminal Possession of a Weapon in the Second Degree, pursuant to New York Penal Law 265.03, is unquestionably one of the most serious criminal charges that an individual can face in…
Florida to New York Firearm Trafficking Ring Disarmed
Florida to New York Firearm Trafficking Ring Disarmed: Brooklyn DA Announces Arrest and 105 Count Indictment The Brooklyn District Attorney’s Office has announced that along with the 105 count indictment against defendants for Criminal Possession of a Weapon and Criminal Sale of a Firearm, the NYPD has taken 56 guns…
Criminal Possession of a Weapon in the Third Degree
Under the New York Penal Law, a person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and…
SJB sometimes preyed on area residents
Defendant appeals from a judgment of the Supreme Court, Bronx County rendered December 10, 2007, convicting him, after a jury trial, of manslaughter in the first degree as a crime of terrorism, attempted murder in the second degree as a crime of terrorism, criminal possession of a weapon in the…
New York’s Penal Law § 15.20
Defendant was a Federal corrections officer in Danbury, Connecticut, and asserted that status at the time of his arrest in 1977. He claimed at trial that there were various interpretations of fellow officers and teachers, as well as the peace officer statute itself, upon which he relied for his mistaken…
Grand Jury was “severely undermined”
On Saturday afternoon, December 22, 1984, A, B , C, and D boarded an IRT express subway train in The Bronx and headed south toward lower Manhattan. The four youths rode together in the rear portion of the seventh car of the train. Two of the four, C and B,…
Fourth Amendment issues
While on patrol in a marked radio car with a fellow officer, a police officer received a radio run reporting shots fired in the vicinity of 142nd Street and Rockaway Boulevard. Arriving at the scene within approximately two minutes, the police were waved down by a man. The latter reported…
The defendant may have been attempting to strike up a conversation with a female
In one evening, a Detective, who was assigned as backup to an undercover police officer who was attempting to buy controlled substances at a social club. There is no evidence in the record that the undercover officer was able to achieve that objective. However, at 8:00 P.M., the undercover officer…