Respondent who is charged with committing acts which, were she an adult, would constitute the crimes of Prostitution, Resisting Arrest, Obstructing Governmental Administration in the Second Degree, and False Personation, has moved pursuant to Family Court Act § 311.4(3) for an order directing the substitution of a petition alleging that…
This is an action for false imprisonment, malicious prosecution and civil rights violations which stems from plaintiff’s arrest in the Village of Lake Placid, Essex County, on 2 November 1995 for rape and sodomy in the first degree. The complainant was a woman that plaintiff had met at a party…
This is a proceeding wherein the criminal court in this appeal asks for the first time to consider the admissibility of expert testimony proffered on the issue of the reliability of a confession. While in a proper case expert testimony on the phenomenon of false confessions should be admitted, the…
A Nassau Sex Crimes Lawyer said that, before the Court is an Article 10, child abuse and neglect proceeding brought by the Department of Social Services (hereinafter referred to as “DSS”) on behalf of the children. The Respondent is charged, as a parent substitute, with sexually abusing the child, the…
In this Criminal case, a jury has found the defendant guilty of assault, second degree, with intent to rape. He is now before me for sentence and in connection therewith the District Attorney has filed a prior offense information which alleges that the defendant is now a second felony offender…
The criminal defendant is adjudicated to be a Level Three Sex Offender after a Sex Offender Registration Act hearing held on 5 August 2008. The defendant was charged under this indictment with Rape in the First Degree stemming from an incident that occurred on 18 February 1976. He was convicted…
A Queens Sex Crimes Lawyer said that, the “adult” establishments at the center of this controversy offer various forms of sexual expression. These businesses include bookstores, theaters, stores dealing in videotaped material and places of live entertainment. In 1965, there were only nine such establishments in New York City. That…
In this Criminal action, defendants filed a motion for ‘an order directing the dismissal of the indictment herein upon the ground that the Grand Jury which returned said indictment was unconstitutionally selected and therefore did not acquire jurisdiction to charge the defendants. Before dealing with the merits it is necessary…
In response, the People contend that the facts alleged make out a completed rape and Defendant’s own statements and DNA testing confirm that he had sexual intercourse with the victim. The People then claim that, pursuant to another case, Courts are not limited to the single charge to which Defendant…
Defendant was arrested for acting in concert with co-defendant in allegedly committing the crimes of Kidnapping in the First Degree, Rape in the First Degree, Sodomy in the First Degree, and Unlawful Imprisonment in the First Degree, against a lady victim. Defendant and co-defendant were subsequently indicted for all of…