This is a case for appeal being heard in the Third Department, Appellate Division of the Supreme Court in the State of New York. Mark S. is the appellant of the case and the State of New York is the respondent. Mark S. is appealing two orders that were made…
New York Criminal Lawyer Blog
Court Decides Fourth Amendment Issue
On February 26, 2001, Detective McSherry, Sergeant MC and Police Officer F., assigned to anticrime patrol in an unmarked Chevrolet Blazer and traveling northbound on Valentine Avenue in Bronx, were stopped at a red light at the intersection of Valentine Avenue and 184th Street, a high crime area. The Chevrolet…
Defendant Claims Grand Jury Direction was Incorrect
The People of the State of New York are the plaintiffs in this case against the defendant L.P. This case is being heard in the Supreme Court of the State of New York in Bronx County, Part C. The People have moved for an order to amend the direction of…
Court Discusses Concept of Double Jeopardy
In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, #2, and #3, along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from May, 1971 until the…
Court Discusses Immigration Implications Regarding Sentencing
The people of the state of New York are the plaintiffs in this case being heard in the Supreme Court of Suffolk County. The defendant in the case is J.C.. The defendant has moved to have his conviction for the Class E felony of Rape in the third degree vacated.…
Defendant Contends Ineffective Assistance of Counsel
This is a case being heard in the Supreme Court of Bronx County. The case involves the People of the State of New York versus the defendant E.D.. Defendant’s Case A New York Criminal Lawyer said on or about the 6th of August, 2011, the defendant filed a pro se…
Defendant Argues Complaint Insufficient to State Cause of Action
The People of the State of New York are the plaintiffs in a case against the defendant S.M. This case is being heard in front of the Criminal Court of the City of New York in Kings County. The defendant in the case has been charged with attempted sexual abuse…
Court Discusses Blockburger Test
In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Appellate Court Agrees Trial Court Erred in Disallowing Expert Testimony
This is a case being heard in the Supreme Court of the State of New York in New York County. The case involves the People of the State of New York versus the defendant Q.A.. Case Background A New York Criminal Lawyer said on the second of June in 2005…
Defendant Contends Juror was Forced Into a Decision
The People of the State of New York are the respondents in this case of appeal. The appellant is J.L., who is appealing a verdict that was made by a jury in the Supreme Court of Bronx County on the 19th of March, 1984. This verdict convicted the defendant of…