In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Articles Posted in Petite Larceny
Court Discusses the Elements of Burglary
Sometime on July 14, 1995 at 11:30 pm two police officers were in a police cruiser and they were parked with the headlights turned off. They were observing two men outside an auto mechanic’s garage which was already closed for the night. A New York Criminal Lawyer said the two…
Court Discusses the Blockburger Test
In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Court Finds Citation Should be Dimissed for Lack of Service
Probate laws are specific about timed deadlines. In New York, Surrogate’s Court Act §59(2) provides that timely service of a probate citation to appear or produce documents must be served in a certain period of time. The time that is allowed for a document to be produced once a person…
Young Girl Charged with Cocaine Possession
On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. She was charged with criminal sale of a controlled substance in the third degree when an undercover police officer alleged in the complaint that she along several others, were…
Court Confirms Warrant for Arrest Appropriate
This case involves the People of the State of New York against Daphne Barber, Timothy Barber and Eric Jean as the defendants. The case is being heard in the Criminal Term of the Supreme Court, Suffolk County Part II. The defendants in the case, Timothy Barber, Daphne Barber, and Eric…
Court Decides if States have Concurrent Jurisdiction with Federal Law
The plaintiff in the matter is the Greenview Trading Company. The defendants in the matter are Hershman & Leicher, P.C., Harold M. Hershman, Indu Craft, PLC of New York, Incorporated, and Richard Rottman. The case is being heard in the Supreme Court in the state of New York located in…
Defendant Claims Initial Questioning by Police was Unjustified
The Facts: An NYPD Officer, a nine-year veteran, investigates drug sales in lower Manhattan. He has made 500 narcotics-related arrests. On 28 February 2010, the officer and his partner entered the New York City Housing Authority (NYCHA) building. They were there to conduct a vertical floor-by-floor patrol of the premises…
Court Discusses Elements of Probable Cause
In a criminal case, a Westchester Criminal Lawyer said that, at approximately 9:45 a.m., a civilian resident living at 174 Tibbetts Road, Mr. James Nolan, heard his doorbell ring. When he answered the door, he observed a male Hispanic, wearing a blue jacket and yellow hood, who asked him if…
Court Decides Case Where Defendant is Police Officer
This is a case of appeal being heard in the Second Department, Appellate Division of the Supreme Court of the state of New York. The appellant in the matter is Charles O. Sharkey. The respondents in the matter are the Police Department of the town of South Hampton, et al.…