After trial by jury, a man was convicted on a consolidated indictment of promoting prostitution in the first degree, endangering the welfare of a child, sodomy in the second degree and eleven counts of sodomy in the third degree. He filed an appeal and claims that it was an abuse…
Articles Posted in Sex Crimes
DOCS
This is a proceeding involving Article 10 of the Mental Hygiene Law, enacted in 2007, which provides that certain imprisoned sex crimes offenders may be transferred to mental hospitals, rather than being released, when their prison terms expire. The statute raises important questions concerning the procedural and substantive rights of…
Correction Law § 168-d(3)
This is a proceeding wherein the defendant was charged under Indictment number 98027 with two counts of Sexual Abuse in the First Degree under PL § 130.65, a D violent felony, and Endangering the Welfare of a Child under PL § 260.10, an A misdemeanor. The defendant pled guilty on…
The court disagrees as to the exclusivity of the remedy
A man was sentenced to concurrent terms of three years for assault in the second degree and one year for promoting prostitution in the fourth degree. At the time of sentencing, the court did not impose the mandatory period of post-release supervision as required by the law. In spite of…
Penal Law § 130.60[2]
This is a proceeding wherein the petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he is a sex offender subject to registration pursuant to the Sex Offender Registration Act. Supreme Court granted the petition and annulled the determination, concluding that petitioner was not subject to…
New York and United States Constitutions
In this Criminal action, Defendant-appellant was charged with multiple petty offenses. None carries a maximum term of incarceration greater than six months upon conviction when prosecuted individually. A New York Criminal attorney said that Defendant was originally charged, under two separate informations, with multiple misdemeanors and lesser offenses relating to…
Section 230.00 of the Penal Law
In this criminal case, defendant was arrested and charged with the violation of Penal Law Section 230.00, a class B misdemeanor. A bench trial was held. The People presented the testimony of Police Officer assigned to the Brooklyn South Public Morals Division (BSPMD). He testified that in January 1994, he…
Article 1 of the U.S. Constitution
A New York Prostitution Lawyer said that, petitioner is the lessee of the premises at 6693 Broadway, Bronx, New York, which was ordered closed for one year by Police Commissioner Ward, pursuant to the Padlock Law and the regulations promulgated thereunder. The Padlock Law, effective August 6, 1984, authorizes the…
Family Court Act § 380.1(2)
This is a proceeding wherein the defendant, JC, was convicted, upon his plea of guilty, of sexual abuse in the first degree. In evaluating the defendant for registration as a sex offender pursuant to Correction Law article 6–C, the Sex Offender Registration Act, the New York State Board of Examiners…
Original SORA Decision,
In this Criminal case, defendant, a 78 year old man, was convicted by plea of guilty of one count of Assault in the Second Degree and one count of Attempted Sexual Abuse in the First Degree. Thereafter, he was sentenced to a determinate sentence of imprisonment of 5 years with…