In this Criminal case, the Defense Counsel moved for the dismissal of the Indictment upon the grounds of: Multiplicity, Duplicity, Double Counting; Vagueness and Resulting Insufficiency, and Sufficiency. A Queens County Criminal attorney said that the Assistant District Attorney opposed such motion and this Court then calendared oral argument. On…
Articles Posted in Gun Possession
A felony murder is committed
A Queens Criminal Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered March 5, 1984, convicting him of murder in the second degree, and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The…
The FBI furnished two important leads
A Queens Criminal Lawyer said that, while the delay has been extensive, the other factors favor the prosecution. Two bar owners were shot point blank after defendant’s cohort allegedly became enraged over a spilled drink, resulting in second degree murder charges. There was virtually no pretrial incarceration. The defense has…
Penal Law § 265.15(3)
A Queens Criminal Lawyer said that, the testimony before the Grand Jury indicated that on February 4, 1986, at about 9:15 P.M. at the Highland Park parking lot in Queens, Police Officer observed a parked 1975 vehicle. The defendant was in the driver’s seat, and the other defendant was in…
A police officer may frisk a detainee if the officer reasonably suspects that he or she is in danger of physical injury
Pursuant to CPLR 3211(a)(7) and/or CPLR 3212, the defendants, by notice of motion dated 15 November 2010, move for an order dismissing plaintiff’s claims against them. This motion is opposed by the plaintiff. On 21 May 2008, MM and JC, NYPD officers assigned to the prisoner van component of a…
The court, however, grants probationer a CRD for employment purposes only.
This proceeding is an application by the defendant probationer through the Probation Department, for a limited certificate of relief from disabilities pursuant to Correction Law § 702 which would authorize him to apply for hunting licenses and use long gun solely in governmental recognized hunting areas outside of New York…
The motion is denied in all respects and defendant is ordered held for the grand jury.
On 22 September 1978, the fifteen year old defendant was arrested and charged with Robbery, Second Degree, P. L. Sec. 160.10, an act for which a fifteen year old may be held criminally responsible. P.L. Secs. 10, 30, as amended Ch. 481, L.1978 pursuant to P.L. Secs. 10, 30, as…
Under Kings County Indictment No. 3098/93, the defendant was charged with multiple crimes arising out of two separate incidents
A Kings Grand Larceny Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered May 16, 1994, convicting him of robbery in the first degree, criminal possession of a weapon in the third degree, and grand larceny in the fourth…
Multiple crimes are charged
A Bronx Grand Larceny Lawyer said that, defendant was arrested on December 31, 1986 and charged with grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, reckless endangerment in the first degree, unauthorized use of a vehicle in the third degree, and resisting arrest.…
Defendant is brought before Gand Jury twice
In this criminal case, a motion to dismiss was filed pursuant to CPL 30.30(1)(a) which requires the court to determine how the Second Department’s decision in a case law affects the calculating of the prosecutor’s speedy trial time. In October 1988, the court dismissed an indictment charging defendant with robbery…