At about 6:30 p.m., a 15 year old boy violated the criminal law. The boy was in unlawful barbiturates possession (Drug Possession) that can only be obtained by a doctor’s prescription. The boy, prior to his arrest, has been observed by the witness being approached by another youth who placed…
New York Criminal Lawyer Blog
Court Discusses Antiterrorism Act of 1996
This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. § 2244(d)(1); and the rule that pleading amendments relate back to the filing date of the original pleading when…
Court Finds Evidence Submitted in Error
This case is taking place in the Appellate Division of the Supreme Court of New York, Second Department. The appellant in the matter is the People of the State of New York. The respondent in the case is F.W. The defendant is appealing a judgment made by the County Court…
Defendant Contends Testimony was Prejudicial
A man was convicted of multiple counts of criminal sale of marijuana and criminal sale of a controlled substance. A New York Criminal Lawyer said since the investigation which led to the man’s indictment was an ongoing one and the sales were to persons who purchased the drugs for their…
Defendant Ordered to Attend Alcohol and Drug Treatment Program
This proceeding is taking place in the Supreme Court of the State of New York in St. Lawrence County. The case deals for a judgment that is pursuant to Article 78 of CPLR that was originated by a petition made by T.J. and verified on the 13th of November, 2007.…
Defendant Claims he was Subjected to Custodial Interrogation
The respondent of this case is the People of the State of New York. The appellant in the case is M.T. This case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. M.T. is appealing a decision that denied his motion to…
Appellant Claims Due Process Right Violated
The defendant in this case, R.C., is appealing a judgment made by the Supreme Court of Suffolk County. The judgment convicted the appellant of criminal sale of a controlled substance in the third degree. A New York Criminal Lawyer said the appeal brings up issues of denial of the defendant’s…
Defendant Claims Court Erred in Not Allowing Key Testimony
The People of the State of New York are the respondents and Zachary R. Gibian is the appellant in this case being held in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. The defendant is appealing a judgment made by the Supreme Court of…
Plaintiffs Sue Author for Publishing Defamatory Matter
This case involves the respondent D.R. and the appellants. The case is being heard in the Court of Appeals of New York. The action is for defamation as the plaintiff is a Justice of the Supreme Court in the Second Judicial District. He alleges that he was libeled in the…
Court Decides Possible Acquittal by Reason of Mental Disease
This case involves a matter of a recommitment proceeding in relation to Criminal Procedure Law in relationship to the respondent Francis S. The petitioners and appellants in this case are the District Attorney of New York County and the Commissioner for the New York State Office of Mental Health. A…