On March 22, 1996, the police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County. The warrant authorized seizure of cocaine possession and crack-cocaine possession and evidence tending to demonstrate that the premises are utilized for the unlawful possession, packaging and sale of crack-cocaine and…
Articles Posted in Sex Crimes
Court Looks at Whether Key Evidence Should be Excluded
This involves a criminal case where the court excluded the evidence sought to be introduced in a prior, uncharged incident stating it was largely irrelevant from the alleged crime from which defendant is being indicted. A New York Criminal Lawyer said on September 20, 1985, police officers chased herein defendants…
Court Orders New Trial
Plaintiff commenced this action seeking damages for false arrest, false imprisonment and malicious prosecution, based upon his arrest for assault which later became a murder charge for acts allegedly committed. Plaintiff was incarcerated for 333 days. The charges remained pending for nearly 8 more months after plaintiff was released from…
Special Narcotics Court Reviews Case
In New York City, there is a special Grand Jury that handles cases from the Special Narcotics Courts of the city. When they are called to review a case, it generally means that the persons who are in line to be indicted are the result of many months of undercover…
Defendant Moves to be Resentenced Pursuant to Drug Law Reform Act of 2009
Defendant was convicted of Criminal Sale of a Controlled Substance in the Third Degree and on November 19, 2002 given an indeterminate sentence of imprisonment with a term of 2-6 years. The People assert that the Defendant engaged in the sale of $350 of cocaine to an undercover police officer…
Defendant Refuses to Give DNA Sample
Seven men were grouped together outside a house. They were talking loudly together and drinking. One of the neighbors called the police and so two uniformed police officers were dispatched to the scene. The police officers had their police badges and did not have their guns drawn. A New York…
Court Decides Defendant Should be Offered the Judicial Diversion Program
A hearing was held on the accused man’s request to enter the Judicial Diversion Program. The man has been charged in a 23 count indictment with 21 counts of criminal possession of a forged instrument, one count of grand larceny and one count of scheme to defraud. Both the State…
Issue Involved Whether Defendants Guilt was Proven Beyond a Reasonable Doubt
In this criminal case, defendant appealed from a judgment of the County Court, Nassau County (Jonas, J.), rendered November 18, 1991, convicting him of attempted murder in the first degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the second degree, criminal possession of…
Court Rules on Discusses Exclusionary Rule
The laws of arrest in the United States are well defined. The laws that provide a police officer with the ability to stop a car or a person to determine if they are involved in a crime are also well defined. However, in both cases, case law continues to define…
Defendant Contends He Should Have Received Concurrent Sentences
In this criminal case, the proof established that in the five-year period from 1984 to 1989, the defendant represented himself as a spiritual healer, generally charging people $20 per consultation. During the consultations, the defendant purported to transform himself into various spirits who would offer advice and claim that they…