The defendant appeal the judgment of the County Court, Nassau County, convicting him of murder in the first degree, murder in the second degree, robbery in the first degree, and of grand larceny and assault, and after a jury recommendation, imposing sentence of life imprisonment on the conviction of murder…
New York Criminal Lawyer Blog
Code of Criminal Procedure
Defendant moves by writ of habeas corpus to dismiss an indictment pending against him in this court by reason of the People’s failure to bring said indictment on for trial within a period of 180 days. Although the defendant’s argument is versed in terms of an application pursuant to section…
Fourth and Fifth Amendment privileges
Defendants move for an order modifying a Grand Jury subpoena duces tecum directed to their accountant, which commands, inter alia, the production of personal income tax retuns of the defendants, FDO, Sr., MDO and GM. Defendants move to modify item number 3 of the subpoena duces tecum directed to their…
This is a motion to inspect the minutes of the Grand Jury
This is a motion to inspect the minutes of the Grand Jury. The indictment charges the defendant with the crime of grand larceny in the first degree. The testimony before the Grand Jury showed that criminal defendant was employed as a truck driver by a firm engaged in the installation…
Some circumstance not accounted for in the testimony,
This is a motion to inspect the minutes of the Grand Jury. The indictment charges the criminal defendant with the crime of grand larceny in the first degree. The testimony before the Grand Jury showed that criminal defendant was employed as a truck driver by a firm engaged in the…
Defendant owes $3,534.32
Defendant’s motion for an order directing that the People make disclosure, directing that they serve a bill of particulars, dismissing the accusatory instrument as facially defective, dismissing it on the ground that prosecution is barred by a legal impediment, dismissing it on the ground that there is a lack of…
IR testified that as an express train was pulling in, he observed, at a distance of 10 feet away, three men in conversation on the platform: KJ, HT and defendant
IR testified that as an express train was pulling in, he observed, at a distance of 10 feet away, three men in conversation on the platform: KJ, HT and defendant. A few passengers exited the train. The trio boarded the second subway car and stood near a door. MD followed.…
New York State Tax Law § 697(e)
Defendants move for an order modifying a Grand Jury subpoena duces tecum directed to their accountant, which commands, inter alia, the production of personal income tax retuns of the defendants, FDO, Sr., MDO and GM. Defendants move to modify item number 3 of the subpoena duces tecum directed to their…
The findings of fact implicit in the verdict are affirmed
The criminal defendant appeal the judgment of the County Court, Nassau County, convicting him of murder in the first degree, murder in the second degree, robbery in the first degree, and of grand larceny and assault, and after a jury recommendation, imposing sentence of life imprisonment on the conviction of…
Petitioner committed a new crime
Petitioner, by his attorney, has filed a writ of habeas corpus seeking vacatur of a parole warrant and release to parole supervision. Petitioner alleges that his right to due process and fundamental fairness was denied when the Division of Parole, having failed to establish probable cause at a preliminary hearing,…