The complainants, a prostitute and a patron seek a judgment declaring sections of the Penal Law unconstitutional. The laws prohibit prostitution and patronizing a prostitute. A New York Criminal Lawyer said the action was commenced and the opponents, the City Mayor and the City Police Commissioner moved to dismiss on…
Articles Posted in New York
Defendant Contends He Was Not Given Psychiatric Evaluation
A man was arrested for alleged acts of sodomy with a 12-year-old male child and was indicted on five counts, all involving such acts. He pleaded not guilty. Although the record is incomplete as to the various steps which were taken thereafter, it is clear that the man was sent…
Defendant Claims Plaintiff Recanted Her Statement
The Facts: Defendant, who was then 24 years old, had known the complaining witness, then 20 years old, for several years. Allegedly, on 24 April 1976, at the complaining witness’s home, following a visit with the complainant’s family and defendant’s mother, defendant told the complainant that he wanted to have…
Son Sexually Attacks Mother, Mother Accused of Sexual Abuse
A woman who was originally from the Dominican Republic had a son whom she left in the Dominican Republic when she migrated to the United States. She obtained permanent residence status when she married an American citizen with whom she had two other children. A New York Criminal Lawyer said…
Defendant Contends Grand Jury Indictment
A New York Sex Crimes Lawyer said a man was convicted of rape, a sex crime, in South Carolina sometime in October 19, 1992. He was sentenced to a prison term and he has fully served his prison sentence. During his incarceration, the Sex Offender Registration Act was enacted which…
Defendant Claims Court Lacked Jurisdiction for Order for Protection
On this proceeding, a man filed an appeal from a judgment convicting him of burglary in the second degree, criminal contempt in the first degree and second degree, upon his plea of guilty. The offense happened on the last quarter of 2004 when the man assaulted his former girlfriend on…
Court Discusses the Crime of Predatory Sexual Assault
The indictment alleges that on May 2, 2011, the man forcibly compelled the complaining witness to perform oral sex upon him. A New York Criminal Lawyer said that according to the indictment, the man then forcibly subjected the woman to anal intercourse. The indictment further alleges that, on May 14,…
Court Confirms Probable Cause for Defendant’s Arrest
In the early morning hours of May 11, 2004, near Sheridan Avenue in Brooklyn, the man accosted the woman, grabbed her around the neck, pointed a knife at her, and demanded money. When she told him that she had none, he pulled her into a nearby yard and raped her…
Court Discusses the SORA act
The Facts: On 15 November 1988, the respondent was arrested in Kings County and subsequently indicted for robbery in the first degree and related offenses. A New York Drug Possession Lawyer said on 15 November 1989, he entered a plea of guilty to attempted robbery in the first degree. Sentencing…
Defendant Seeks to Lower his Risk Assessment Level
This case is being heard in the Second Department Appellate Division of the Supreme Court of the State of New York. The appellant of the case is Robert Fareira. The appellant is represented by Steven Banks, New York, New York, with Joanne Legano Ross for counsel. The respondent of the…