The Facts of the Case: Petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request was denied. Thereafter, the jury found…
Articles Posted in Sex Crimes
Court Discusses the Elements of Burglary
A man entered a home in Dade County, Florida. A New York Criminal Lawyer said he did this in the middle of the night without the knowledge and consent of the two people who lived in the premises, a brother and a sister. The man ransacked the house and took…
Court Upholds Possession with Intent to Distribute Charges
The defendant’s convictions arose from a series of drug transactions which began when a certain person contacted another person and informed the latter that he had heroin for sale. The former was unaware that the latter was a confidential informant for the Drug Enforcement Administration (DEA). The parties and co-defendant…
Defendant Charged with Two Crimes from Single Conversion of Money
In this criminal case, appellant, was charged by information with robbery under section 812.13(2), Florida Statutes (1981) (Count I), and with grand theft, second degree, under section 812.014, Florida Statutes (1981) (Count II). The facts adduced at trial indicated that appellant and two other males had shopped lift a convenience…
Doctor Charged with Negligently Prescribing Opiates
This action concerns a young woman who at an early age became addicted to drugs. In 2005 when she was 18, she became a patient of the accused orthopedist and employee of orthopedic rehabilitation center for treatment of lower back pain and, a month later, for left ankle pain. From…
Court Discusses Intent in Criminal Possession of Controlled Substance Charges
In this drug crime case, defendant was convicted after a jury trial of criminal possession of a controlled substance in the third degree and unlawful possession of marijuana. A New York Criminal Lawyer said on this appeal, defendant contends that his conviction for criminal possession of a controlled substance in…
Court Discusses Elements of Grand Larceny
A man broke into and entered a dwelling house. Once inside, he committed grand larceny by taking away from the premises properties belonging to the owner of the dwelling house which amounted to more than one hundred dollars. The prosecutor was charged under an information with two crimes: the breaking…
Court Decides Parole for Sex Offender
Petitioner is an inmate at a correctional facility at Franklin County. He filed the petition for a Writ of Habeas Corpus to question his imprisonment under the custody of the New York correctional services wherein the accused asserted the limitations and conditions set for his particular residence amounted to question…
Defendant Claims Right to Speedy Trial Violated
The People of the State of New York are the plaintiff’s in this matter against the defendants D.W., who is also known as A.J., W.N. who is also known as W., and C.P., who is also known as A.. This case is being heard in the Westchester County Court. The…
Court Hears Institutional Reform Case
This is the latest appeal growing out of the nearly two-decade old, racial discrimination in employment lawsuit involving the Alabama Department of Transportation (ALDOT) and the State Personnel Department (SPD). Those two state agencies were sued in 1985 by what became two plaintiff classes of black employees and prospective employees.…