On November 22, 2006, defendant executed in open court a written waiver of his constitutional right to be prosecuted by indictment and consented to be prosecuted instead by a superior court information charging him with first-degree of grand larceny, which requires that the value of the property stolen exceed $…
Respondent inmates brought this class action in Federal District Court challenging the constitutionality of numerous conditions of confinement and practices in the Metropolitan Correctional Center (MCC), a federally operated short-term custodial facility in New York City designed primarily to house pretrial detainees for federal criminal offense. A New York Criminal…
On February 20, 1967, the then City Manager of respondent city of Independence, appointed petitioner to an indefinite term as Chief of Police. In 1972, petitioner and a new City Manager, engaged in a dispute over petitioner’s administration of the Police Department’s property room. In March of that year, a…
This is a proceeding brought pursuant to Article 78 of the CPLR to prohibit respondent Covington, a Justice of the Supreme Court, Bronx County from vacating petitioners’ convictions and the sentences imposed thereon in violation of Article 440 of the Criminal Procedure Law, and to prohibit respondents J.C. and P.G.,…
A complainant man seeks an order to prevent the justices of the Supreme Court and the district attorney from proceeding to try him on an allegation returned against him by the grand jury. A New York Criminal Lawyer said the indictment charges the complainant and another man with various degrees…
The indictment charges against defendant with others with various degrees of possession of a dangerous drug are as follows: Count 1: 1st degree–possession of 16 ounces and more of heroin; Count 2: 4th degree–possession of a narcotic drug (heroin) with intent to sell; and Count 3: 6th degree–possession of a…
A man who owned a bar saw two of his customers having an argument while inside the bar. He went over to them and told them to take their argument outside. The two men left the bar and stayed on the sidewalk just outside the bar and the argument escalated…
This involves a case where the court ruled that the indictment against the defendant be reinstated. During 1981 police officers conducted a large-scale investigation into the distribution of narcotics in New York, Queens and Bronx counties. A New York Criminal Lawyer said the investigation, which included a number of drug…
The April 25, 1975 affidavit of the State Police Investigator in support of the application for the warrant to search the house and automobile of the defendants contains five distinct elements which in some way indicate that defendants were keeping illicit drugs in or about their house. A New York…
An accused man was questioned at length by his attorney to establish that he no longer used heroin and was involved in a methadone program. A New York Criminal Lawyer said his direct testimony was interlaced with differing references to his having been off heroin for at least one month,…