A 17-yr old defendant’s motion places in prospective whether his satisfactory “second chance” experience, as a full-time participant in a residential drug rehabilitation program, designed to return addicts (ex) or substance abusers to society, constitutes such a compelling factor, consideration or circumstance to warrant dismissal of the two top counts…
Articles Posted in Sex Crimes
Defendant Contends Due Process Rights Violated
Defendant is a New York City police officer who was arrested in a “sting operation” wherein he was made to believe that he was being hired by a drug dealer for the purpose of protecting transported drug money (the fruit of a drug crime). A New York Sex Crimes Lawyer…
Defendant Charged with Murder
A man was convicted of gun crime murder of another man whom he personally knew. The murder occurred one Sunday of March 1975 at two o’clock in the morning. A woman, who is a sole nonparticipant eyewitness to the gun crime, lived in a one-family residence on the north side…
Defendant Charged with Criminal Possession of a Weapon
Two plainclothes police officers were sitting in an unmarked car which was parked near a high crime area just outside a bar. For the past two weeks prior to the incident, there had been hold-ups in the neighborhood. They noticed a car with African-American males in it slow down in…
Court Convicts Man of Robbery
A man was charged with robbery in the first degree and related offenses. The man then filed a motion seeking various forms of pretrial relief. His motion for court inspection of the grand jury minutes is granted and his motion for release of the grand jury minutes is denied. A…
Court Discusses Probable Cause in Drug Possession Case
The police officers of the 32nd precinct in New York City were assigned to conduct surveillance over the corner of 128th Street and 8th Avenue because this was known as a high-drug crime area. Many arrests for cocaine possession and heroin possession have been made at this corner. A New…
Drug Possession Defendant Contends No Probable Charge for Search
One early morning in August of the year 2000, a police officer and his partner were on patrol in uniform in a marked patrol car. The officer testified that he had been a member of the New York City Police Department for four years and had made approximately 10 arrests…
Defendant Contends Lack of Jurisdiction for Warrant
Issues surrounding search warrants can become complicated, especially if the court that issues the search warrant is not sure if they are even able to issue a search warrant. On September 25, 2003, an associate village justice signed a search warrant for a building inspector. A New York Criminal Lawyer…
Robbery Defendant Claims Circumstantial Evidence
The accused man and his accomplice as well as the two female complainants boarded a subway train at 125th Street. Once on the train, the accused man and his accomplice sat down near, although not immediately beside, each other and engaged in a conversation. A New York Criminal Lawyer said…
Court Decides Larceny Case
The Facts: On 7 December 2001, defendant and two acquaintances approached a man as he was walking with his friends in Queens, New York. Defendant held out his hand and that man, believing that the stranger was attempting to greet him, returned the gesture by slapping him “five.” A New…