In July 2010, the Attorney General, filed a petition contending that Respondent is a detained sex offender who has a mental abnormality, as that term is defined in Article 10 of the New York State Mental Hygiene Law (“MHL” or “Article 10”), § 10.03, such that Respondent should be confined…
Articles Posted in Sex Crimes
People opposed a downward departure
This is a proceeding wherein the defendant challenges a determination of the Supreme Court, Kings County, designating him a risk level two sex offender pursuant to Correction Law article 6–C, the Sex Offender Registration Act upon the Supreme Court’s denial of his application for a downward departure to risk level…
People v Stone (1974)
The case involves a respondent named PH who is the subject of a sex offender civil management petition filed pursuant to article 10 of the Mental Hygiene Law. On 22 September 2008, a hearing was conducted to determine whether probable cause exists to believe that PH is a sex offender…
Penal Law § 110.00
In this criminal case, defendant was arraigned on a felony complaint and charged with assault in the second degree, assault in the third degree, criminal possession of a weapon in the fourth degree, menacing in the third degree, and harassment in the second degree. The case was later adjourned for…
VCR was hidden in the ceiling
It is alleged that on April 12, 2006, the three defendants were part of an undercover enforcement operation which, at the time, was a purported unlicensed massage parlor. After the defendants and other police officers arrested the owner of the establishment and seven of his female employees, those individuals were…
New York continues to rely on the Frye test
Defendant was indicted for two counts of first degree rape, two counts of endangering the welfare of a child, and one count of unlawfully dealing with a child pornography, and defendant moved to suppress a statement he made to Sheriff’s Department Investigator and a letter he wrote to the victim.…
Post-Offense Behavior
Bronx Sex Crimes Lawyer said that, following a jury trial in which he was found guilty of six counts of sodomy in the first degree , one count of attempted sodomy in the first degree , two counts of sodomy in the second degree , and one count of sex…
At R–194 there appears the testimony of witness
In this Criminal case, the Court is unanimous in its determination that the doctrine of res ipsa loquitur is applicable to this case and, therefore, the court discussed only the arguments advanced in the dissent. A New York Criminal lawyer said that the dissent contends that the Trial Court erred…
People v Leone
This is a proceeding wherein the defendant appeals from a judgment of the County Court, Nassau County, rendered 1 February 1971, which convicted him, upon a jury verdict, of the crime of rape and sexual abuse, both in the first degree, and imposed appropriate sentences. The court reverses the judgment,…
Mental Hygiene Law
A New York Sex Crimes Lawyer said that, the Court ordered that the petitioners be subject to all of the required procedures under Article 10 of the Mental Hygiene Law which had become effective on April 13th, 2007, after the petitions had been filed but prior to the time the…