A motion by the accused woman for an order awarding her summary judgment dismissing the claims of the complainant that she did not sustain a serious injury within the meaning of Insurance Law is granted. A cross-motion by the complainant husband for an order awarding him summary judgment dismissing the…
New York Criminal Lawyer Blog
Plaintiff Contends Gross Negligence by Newspaper Reporter
The case is about a libel suit filed by the Turkish national against the publisher, together with its managing director and other investigative reporters, for the republication into a book pertaining to several newspaper articles regarding worldwide narcotic trade covering several continents. A New York Drug Crime Lawyer said the…
Defendant Says Ineffective Counsel Resulted in Unjust Conviction
An appeal was filed by the state for the denial of the court of its motion for summary judgment to dismiss the claim of the claimant who maintained an action for wrongful conviction. A New York Sex Crimes Lawyer said the court reviewed the records of the case and found…
Petit larceny
In a court case, a man was charged with two counts of grand larceny on an allege breaking and entering with intent to commit a felony. Consequently, he was found guilty of the first count and also guilty of petit larceny as a lesser offense of the second count. A…
Accused DWI Defendant Claims Police was Coerced to Take Breathalyzer Test
A police officer was called to the scene of a traffic accident involving two vehicles. When the police officer arrived he noticed that one of the drivers who figured in the accident had slurred speech, red and watery eyes and he was unsteady on his feet. The police officer immediately…
Court Decides of Act of Murder was an Act of Terrorism
The appeal was filed by the defendant for his conviction of the penal offenses of manslaughter that is considered a crime of terrorism, attempted murder, gun crime and conspiracy. A law was enacted by the Congress that penalized acts of terrorism due to the terrorist attacks that happened in 2001…
In Consecutive Sentences it Depends on Whether the Acts Were Committed with the Requisite Intent
An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…
Court Rules Upon Third Petit Theft Conviction, Offense is a Felony
In a court proceeding, a man filed an appeal for his conviction and sentence for felony petit theft. He asserts that the subsection of the statue convicting him does not permit consideration of convictions for petit larceny. A New York Criminal Lawyer said that based on records, petit theft is…
Court Discusses Act of Depraved Indifference in Murder Trial
On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends. The house where the…
Defendant Claims Insufficiency of Evidence in Heroin Possession Case
Defendant was charged with a drug crime, particularly, for possession of heroin and filed an appeal before the court for his conviction. Appellant averred that there was insufficiency of evidence, admissibility of the testimony pertaining to other drugs than those of which he was indicted and trial judge’s charge to…