This case is being heard in the Second Department, Appellate Division, of the Supreme Court. The appellant of the case is Donald Booker. He is being represented by Patrick R. Garcia from Brooklyn. The respondent of the case is the People of the State of New York, et al. The…
Articles Posted in New York
Magazine Publisher Sues City Police Under Freedom of Information Law
The complainants, a magazine publisher, two men and a woman seek a judgment declaring certain records of the accused, city police department subject to disclosure, pursuant to the Freedom of Information Law (FOIL) and Public Officers Law (POL) to allow the complainants to inspect and obtain copies of records, declaring…
Defendant Contends No Probable Cause for Search of Glove Box
A man is charged with criminal possession of a weapon; criminal possession of stolen property and one count of bribery. He moves to suppress physical evidence seized at the time of his arrest and any custodial statements attributed to him. On the morning of January 23, 1982, a police officer…
Court Discusses Reasonable Suspicion of Police
Two police officers in a patrol car received a report over the radio that a fight had just been witnessed and called in at 1411 Grand Concourse. A New York Criminal Lawyer said that the anonymous report stated that one of those who engaged in the fight had a knife.…
Class Action Filed Against Handgun Manufacturers
On June 24, 2003, several families of victims of gun crimes (possession of a weapon) filed a class action suit against seven firearms manufacturers to recover damages as a result of their family members deaths. The concept behind this lawsuit was that the manufacturers of these handgun had created a…
Are the Actions of Private Security Subject to Constitutional Restraints?
Facts: A security officer, a retired member of the New York City Police Department which the court takes judicial notice of, at the Long Island Jewish Hospital, was instructed by his security supervisor, via radio transmission, to proceed to a Children’s Hospital parking lot. He was told to locate a…
Court Decides Possession of a Weapon Charge
Defendant allegedly fired a handgun at two individuals, who just prior to his firing, had fired a handgun at him causing him serious physical injury; handgun crimes. Defendant was charged with two counts of Criminal Possession of a Weapon in the Second Degree and one count of Criminal Possession of…
Cab Driver Charged with Criminal Possession of a Weapon
A cab driver was caught with a loaded .22 caliber revolver while in his taxicab on February 24, 1978. The District Attorney convened a Grand Jury to deliberate on whether or not to issue an indictment against the cab driver. A New York Criminal Lawyer said the District Attorney accused…
Court Contends Defendant is Mentally Ill
On 29 November 2005, defendant entered a plea of not responsible by reason of a mental disease or defect to the crime of Criminal Possession of a Weapon in the Second Degree, and to other related offenses, in violation of criminal laws. On 23 January 2004, it was alleged that…
Court Discusses Felony Murder Rule
On October 4, 1975 a man and a woman went inside a boutique. The woman tried on dresses but did not buy any. While the woman was trying on dresses, her boyfriend asked the boutique owner if he could use her bathroom. The man observed that there was a big…