In the case at bar, the criminal court assumes the most stringent standard in People v Vilardi, that is, the “reasonable possibility” standard to apply. Defendant’s contention fails because of the lack of evidence that DM’s suspicion predated his decision to accuse defendant and to cooperate with the D.A.’s office.…
The defendant was convicted after a jury trial of Kidnapping in the First Degree, Rape in the First Degree (five counts), Sodomy in the First Degree (four counts), Robbery in the Third Degree, and Assault in the Second Degree. He was sentenced to an aggregate indeterminate term of incarceration amounting…
This is a proceeding wherein the defendant has moved for relief pursuant to C.P.L. §440.10(1)(b),(c),(f),(g) and (h). She was convicted after a jury trial of one count of sodomy in the second degree, one count of sodomy in the third degree (both as to complainant CB), bribing a witness (DM),…
A boy, 10 years old, had just finished his lunch, his mother had left the room to go visiting and he was all alone in their fifth floor apartment watching television. He heard a scream and, as he looked out the living room window onto the third floor roof of…
This proceeding was originated by the Petition for a Writ of Habeas Corpus of JKB, filed in the Franklin County Clerk’s office on 30 March 2010. Petitioner, who is an inmate at the Bare Hill Correctional Facility, purported to challenge his continued incarceration in the custody of the New York…
It is the defendant’s argument that the proposed amendment would, indeed, change the theory of the prosecution because the indictment specifies CB as the specific person about whose “race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation” the defendant had formed beliefs or perceptions which…
The People move pursuant to Criminal Procedure Law section 200.70 for an order permitting amendment of count one of the instant indictment so that the words “CB” are replaced with “CB as legal custodian for and acting in loco parentis on behalf of the minority student population at PS 256”…
A Queens Criminal Lawyer said that, respondent who was adjudicated to be a juvenile delinquent by order dated March 11, 2011, has moved for an order pursuant to Family Court Act §355.1 vacating the adjudication of juvenile delinquency and the order of disposition entered on November 30, 2010, and for…
Respondent is the mother of the three subject children. Prior to the commencement of this proceeding, all three children resided in Brooklyn with respondent and her husband. The eldest son was born in the Dominican Republic. Respondent moved to the United States when he was about one year old. The…
In a juvenile delinquency proceeding, the appeal is from an order of disposition of the County Family Court which adjudged her to be a juvenile delinquent and placed her in the custody of the New York State Office of Children and Family Services for a period of 12 months with…