The Facts: Stemming from a grand larceny case where defendants were convicted, at an Extraordinary Special and Trial Term of the Supreme Court, of conspiracy in the fourth degree, hindering prosecution in the third degree and official misconduct, the Appellate Division, on appeal, found that the evidence was legally insufficient,…
Articles Posted in New York
Defendant Contends Double Jeopardy
The Facts: On 18 April 1975, in the County of Queens, a person was assaulted and robbed. Among the items taken were a 1970 Cadillac, a wallet and four blank checks. Thereafter, that person’s signature was forged on two of the checks which bore the date 18 April 1975 and…
Evidence Inadvertently Destroyed Prior to Trial
The charges in this case arise from five separate incidents, beginning in July 1986. On July 3, 1986, a man representing himself as an executive of a foreign branch of a major company, asked that $5,000 in travelers’ checks be prepared and delivered to an associate. Thereafter, defendant appeared at…
Defendant Seeks to Withdraw his Plea
The Facts: On 6 July 2006, defendant was arrested and charged with Criminal Sale of a Controlled Substance in the Second Degree, Criminal Possession of a Controlled Substance in the Third Degree and Criminal Possession of a Weapon in the Fourth Degree. On 13 September 2006, defendant was arrested and…
Court Discusses Conspiracy Charges
The Facts: In the early 1960s, a man who was a resident of Queens County and a meter reader for a certain Company entered upon a scheme under which he accepted money from various investors, agreeing to pay them a return of 1% a week and explaining to them that…
Daughter Brings Wrongful Death Action
The Facts: Sometime in January 1990, a debtor shot and killed her husband (the decedent). Thereafter, the daughter of the decedent and Administratrix of the decedent’s estate filed a wrongful death claim in Texas State Court. Under the Texas wrongful death statute, the daughter as Administratrix (in charge with the…
Court Looks Whether Injunctions Should be Terminated
The Facts: Sometime in 1993, a 42 U.S.C. § 1983 action was brought by Plaintiffs-Appellees, a certified class of detainees in the Cameron County, Texas jail, against Cameron County and the State of Texas, the governor of Texas, and various members of the Board of the Texas Department of Criminal…
Defendant is Charged with Robbery
The Facts: In the early fall of 1986, defendant-appellant and his friend travelled from the friend’s home in Fort Lauderdale, Florida to New York. On 10 October 1986, defendant-appellant dropped his friend off at a shopping mall on Long Island, New York. When he returned a few hours later, he…
Court Discusses Setting Bail
The Facts: Sometime in 1971, the plaintiffs brought a class action 10 against eight judges and other state officials including the State Attorney of Dade County, Florida, asking the federal district court to declare unconstitutional and to enjoin two practices of the defendants: the pretrial detention of arrestees without a…
Court Discusses Jurisdiction of Police Departments
The Facts: A deputy sheriff of the Orleans Parish Criminal Sheriff Department and another officer were parked on the side of the road checking for traffic violations when they observed plaintiff-appellee’s vehicle with an expired brake tag. A New York Criminal Lawyer said after stopping the plaintiff-appellee, the deputy sheriff…