On August 24, 2010, after a jury trial, defendants, AR and HT, were convicted of Grand Larceny in the Fourth Degree (PL § 155.30[5]) and Criminal Possession of Stolen Property in the Fifth Degree (PL § 165.40). Defendant, AR, moves, pursuant to CPL § 440.10, to vacate the conviction, on…
In this case, we are asked whether a three- or six-year statute of limitations applies to causes of action for negligence and breach of fiduciary duty by a school district against a former member of the school board. We hold that the six-year limitations period in CPLR 213(7) is applicable…
On August 24, 2010, after a jury trial, defendants, AR and HT, were convicted of Grand Larceny in the Fourth Degree (PL § 155.30[5]) and Criminal Possession of Stolen Property in the Fifth Degree (PL § 165.40). Defendant, AR, moves, pursuant to CPL § 440.10, to vacate the criminal conviction,…
The two cases hereunder involves an appeal on conviction involving the crime of grand larceny. The first was an appeals by (1) criminal defendant NJ from a judgment of the County Court, Nassau County, rendered October 14, 1983, convicting him of grand larceny in the second degree, attempted grand larceny…
Defendant, charged with robbery in the first degree and related offenses, moves for a dismissal of the indictment and for other forms of relief on the ground of discriminatory prosecution in that he is being prosecuted as a major offender by the Bronx District Attorney. The major offense program, which…
The criminal defendant is a physician who had been employed by SG Company located in Nassau County. The company had a contract with UMD, Inc., covering its employees, and some of these employees or their wives were treated privately by the defendant after he left SG’s service. The People charged…
Defendant appeals from a judgment of the Supreme Court, Bronx County rendered December 10, 2007, convicting him, after a jury trial, of manslaughter in the first degree as a crime of terrorism, attempted murder in the second degree as a crime of terrorism, criminal possession of a weapon in the…
The question raised on this appeal is whether the trial court properly denied defendant’s motion to vacate a judgment of conviction, grounded on claims of prosecutional misconduct, juror misconduct and misrepresentation by a prosecution witness, without initially conducting an evidentiary hearing. We hold that the facts of this case do…
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…
The defendant, who has been charged in Bronx County with failing to register with the Sex Offender Monitoring Unit in New York County, has moved for dismissal of the complaint on the ground that the court lacks geographic jurisdiction over this prosecution because the defendant’s alleged failure to register occurred…