When a mentally ill offender commits a heinous crime in New York, the judicial court has the ability to determine whether the person should be considered not responsible for his actions by reason of mental disease or defect. A New York Drug Crime Lawyer said that in some cases, the…
New York Criminal Lawyer Blog
Court Discusses Search Warrants
The issue of search warrants and the rights of Americans to be free from illegal and unreasonable search and seizure in their own homes is balanced by the responsibility of the legislature and law enforcement to ensure that those laws are fair and enforced lawfully. What that means is that…
Court Discusses 4th Amendment Issues
In 2003, a senior building inspector for the Village of Westbury in Nassau County, New York, was working on a code violation case involving the operation of an illegal boarding house. The house in question was zoned as a single family dwelling house located at 335 Princeton Street. The home…
Court Discusses Mental Hygiene Law
On 6 January 1992, respondent pleaded guilty to two counts of first-degree robbery and single counts of first-degree burglary, first-degree rape, and first-degree sodomy. The plea satisfied charges arising from two separate criminal incidents, the robbery of a gas station attendant and a home invasion, for which respondent was arrested…
Defendant Contends Identification Procedures by Police Incorrect
Appeal from a judgment of the County Court rendered on January 6, 1981, upon a verdict convicting a man of the criminal act of rape in the first degree. On the evening of July 4, 1979, at approximately 9:45 p. m., the female victim, aged 19, was walking up Baker…
Defendant Accused of Disseminating Information to Commit a Crime
In 2005, a woman took a job working for the New York City Human Resources Administration as an Associate Staff Analyst Hearing Officer in the Employee Disciplinary Unit. As an officer of this department, she had access to confidential information relative to other employees in the department as well as…
Defendant Contends He Had No Knowledge his Actions Were Illegal
Bilingual detectives are an advantage to any police department. The problems that they solve cross boundaries that have existed for many years. However, problems can also arise that are exclusive to a bilingual undercover investigation. A New York DWI Lawyer said one such case occurred in 1983, when a bilingual…
Defendant Contends Abuse of Discretion by Trial Court
The Facts: A member of the New York City Police Department was detailed to work with the Drug Enforcement Administration Task Force (Task Force). His usual assignment with the Task Force was as an undercover officer (office-one), and that was the assignment he was performing, when, on 16 July 1981,…
Court Considers Reversing Indictment
The Facts: A member of the New York City Police Department was detailed to work with the Drug Enforcement Administration Task Force (Task Force). His usual assignment with the Task Force was as an undercover officer (office-one), and that was the assignment he was performing, when, on 16 July 1981,…
Defendant Claims Court Abused its Discretion
Appeals from two orders of the Supreme Court were made. The proceedings found the accused man to be a dangerous sex offender and confined him to a secure treatment facility. A New York Criminal Lawyer said the accused man has an extensive psychiatric and criminal history that includes convictions for…