Stalking is a crime that affects everyone who is around the intended victim of the crime. Stalking is a crime that causes a pervasive level of fear that is intolerable for most people. However, a New York Criminal Lawyer said people who have never seen this crime often have a…
New York Criminal Lawyer Blog
Defendant Claims Double Jeopardy
This involves an application for stay pending appeal to the United States Court of Appeals for the First Circuit from an order of the United States District Court for the District of Massachusetts denying applicant’s request for a temporary restraining order. The Court of Appeals likewise denied the petition. A…
Court Discusses Prima Facie Evidence Provision
Respondents committed criminal acts of burning a cross and properties during a gathering. They were convicted of violating Virginia’s cross-burning statute, Sec. 18.2-423. The statute provides: “It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause…
Defendant Challenges Indictment
This is a case where the court affirmed that custody of the appellant to a representative of the commonwealth of Massachusetts, pursuant to a warrant issued by the Governor of New Jersey under section 5278, is valid and binding. Appellant committed a robbery in Massachusetts on or about August 18,…
Court Discusses Fourth Article of Constitution
This is an action of trespass brought by a complainant man against another man and others for breaking and entering the complainant’s house. The opponents justify upon the ground that large numbers of men were assembled in different parts of the state for the purpose of overthrowing the government by…
Defendant Contends Unlawful Stop and Frisk
Police patrol officers encounter a wide variety of calls for service. Some of these calls are hazardous some are humorous. Some of these calls are somewhere in between the two. That was the case when two seasoned patrol officers in New York responded to a radio call in the early…
Defendant Charged with Third Degree Rape
Incidents of rape and sexual assault cases involve many different laws. Each case is reviewed in relationship to how it addresses each element of each law. A New York Criminal Lawyer said the most appropriate law or multiple laws are then charged by the prosecution. In some case, a charge…
Court Hears Illegal Abortion Case
In 1955, abortion was illegal in New York State. That meant that the only termination of a valid pregnancy was if it was necessary to save the life of the mother. In the case of an abortion to save the life of the mother, it is called a therapeutic abortion.…
Court Determines Confession is not Valid
New York statutory law requires that certain crimes be convicted only if there is corroboration that the event took place. If there is no corroboration, then the defendant cannot be found guilty. However, the statutory law does not include this requirement for corroboration if the crime that has been committed…
Defendant Claims he was Denied a Right to a Speedy Trial
The right to a speedy trial is a right that is essential to the Constitution of the United States of America. Each person is granted the right to a speedy trial before a jury of their peers. However, the Constitution does not define the term speedy. Lawyers and legislatures have…