A hearing was held on the accused man’s request to enter the Judicial Diversion Program. The man has been charged in a 23 count indictment with 21 counts of criminal possession of a forged instrument, one count of grand larceny and one count of scheme to defraud. Both the State…
Articles Posted in New York
Issue Involved Whether Defendants Guilt was Proven Beyond a Reasonable Doubt
In this criminal case, defendant appealed from a judgment of the County Court, Nassau County (Jonas, J.), rendered November 18, 1991, convicting him of attempted murder in the first degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the second degree, criminal possession of…
Court Rules on Discusses Exclusionary Rule
The laws of arrest in the United States are well defined. The laws that provide a police officer with the ability to stop a car or a person to determine if they are involved in a crime are also well defined. However, in both cases, case law continues to define…
Defendant Contends He Should Have Received Concurrent Sentences
In this criminal case, the proof established that in the five-year period from 1984 to 1989, the defendant represented himself as a spiritual healer, generally charging people $20 per consultation. During the consultations, the defendant purported to transform himself into various spirits who would offer advice and claim that they…
Court Rules on Juror Misconduct
When jurors are chosen to sit on a trial jury, they are required to take the position seriously. The responsibility that is inherent to the position of a juror in a trial is heady to say the least. That is especially true when the person is called to put their…
Court Determines if Defendant was Unlawfully Adjudicated a Persistent VFO.
In this case, the Nassau Criminal Lawyer said that, defendant was convicted of robbery in the first degree, a class B violent felony under Penal Law § 70.02 (1) (a). At his sentence, the People filed information alleging that defendant was a persistent VFO having been convicted of two previous…
Defendant Charged with Offering a False Instrument
In this criminal case, in 1986 although the installation of individual water meters was required in commercial and industrial buildings, 630,000 one and two family homes were unmetered and billed for water on an arcane basis unrelated to usage and predicated on property frontage. A New York Criminal Lawyer said…
Court Discusses Larceny Charges
In this case, Defendant has been charged with grand larceny, grand larceny by extortion, money laundering, and intimidating a witness. Complainants are the principal officers of the general contractor engaged in the rehabilitation of a hotel. A New York Criminal Lawyer said the defendant demanded periodic cash payments from Complainants…
Court Decides if Trial Court Erred in Vacating Sentence
This is a proceeding brought pursuant to Article 78 of the CPLR to prohibit respondent 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 and District Attorney, Bronx…
Defendant Arraigned on a Fugitive from Justice Complaint
The Facts: On 20 May 2009, defendant was arraigned on a fugitive from justice complaint based on an arrest warrant issued on 11 May 2009, Delaware County of the Commonwealth of Pennsylvania. The arrest warrant charged the defendant with the following felonies: one count of Criminal Solicitation, two counts of…