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 criminal complainant was a woman that plaintiff had met at a…
The rules of evidence in regards to admissibility of evidence are important to be successful in a trial. The jury should not be exposed to prejudicial material which may put the defendant in a precarious position to ensure that the trial is fair. In the People v Asmar the prosecution…
There is a well-known rule in the area of criminal law that every count in an indictment should contain one offence. This rule is to ensure that an accused has a fair trial because he/she ought to know with certainty what the charge is. The accused person should be able…
In this Sex abuse case, Defendant pled guilty before the Court in violating Penal Law Section 130.60, Sexual Abuse in the Second Degree, a class “A” misdemeanor, with a promised sentence of one-year incarceration. A Nassau County Criminal lawyer said that the case was adjourned for a sex offender risk…
Sometime in August 1998, the defendant was released from state prison after serving a three year sentence following his conviction on October 25, 1995 to sexual abuse in the first degree. The defendant, who was a Cadet Leader of an eight year old boy, pled guilty to fondling the boy’s…
In June 1998, respondent pleaded guilty in the Southern District of New York to an information charging one count of computer transmission of material involving sexual exploitation of minors. That charge arose from allegations that respondent had transmitted via the Internet three photographs of juveniles engaged in sex abuse explicit…
Defendants are charged with acting in concert to commit the sex crime of Prostitution. Co-Defendant was originally charged with Promoting Prostitution in the third degree (P.L. 230.25[1] ) and Possession of a Gambling Device . The promoting prostitution charge was reduced to Promoting Prostitution in the fourth degree A Nassau…
The defendant appeals from a judgment of the Supreme Court, Kings County, rendered 5 May 2008, convicting him of rape in the first degree, upon his plea of guilty and imposing sentence. The sex appeal brings up for review the denial, after a hearing, of suppression of identification testimony. The…
On 12 May 2008, the County Court of Suffolk County rendered judgment convicting a certain defendant of criminal sexual act in the first degree (two counts), attempted rape in the first degree, sexual abuse in the first degree, and endangering the welfare of a child, upon a jury verdict. Domestic…
In this Sex Crime, Petitioner commenced this Article 78 proceeding against the respondents Police Department (PD) and its Commissioner to compel the production of records relating to raids on certain bondage, dominance, sadism and masochism establishments, pursuant to New York’s Freedom of Information Law (“FOIL”), and for attorneys’ fees and…