The people of the state of New York are the respondents in this particular case. The appellant in the case is Jessie Dunn. The case is being heard in the Fourth Department, Appellate Division of the Supreme Court. This case for appeal deals with the question of whether the rights…
New York Criminal Lawyer Blog
Defense Claims a Reduction in Sentence is Merited
The respondent in this matter are the People of the State of New York. The People of the State of New York are represented by the office of Patrick Henry, District Attorney in Riverhead. Michael Blakey is their counsel. The appellant of the case is Alan M. Buckmaster. He is…
Defendant Claims that His Plea Was Not Voluntary
The respondent in the matter is the People of the State of New York. The appellant of the case is Edwin W. Jones. The case is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. A New York Criminal Lawyer said…
Defendant Contends Prior Conviction Should Not be Held Against Him
On March 21, 2002, a defendant was sentenced to two years of probation in Michigan for attempted home invasion in the first degree. On August 22, 2003, the same man was charged in the Bronx with criminal sale of a controlled substance in the third degree and criminal possession of…
Court Discusses Ability to Consent
The complainant, a 19-year-old woman, reported to the town police that she had been raped and sodomized at gunpoint on a deserted beach near her home. The complainant testified that at about nine that evening she had received a phone call from a friend, telling her that he was in…
Defendant Contests Assault Charge
A woman had been living with a man for thirteen years and they had a seven year old daughter. The woman ended her relationship with her live-in partner and left the apartment she shared with the man. She took her daughter along. On February 13, 2007 the man invited the…
Court Looks at Corroborating Evidence in Rape Trial
In August 1971, a 14-year old girl lived in an apartment building. Their neighbor asked the girl to bring some music records from his apartment to his daughter-in law’s apartment. It was three o’clock on a summer afternoon and the 14 year old girl knew the man because he had…
Court Discusses Rape Trauma Syndrome
Offenses of rape and other sex crimes are clouded by myths that pervade most societies about the causes of rape. For many hundreds of years, the cause of rape was believed to be an overwhelming sexual desire. It has only been in recent years that American society has taken the…
Court Looks at Defendant’s Intent in Rape Charges
On March 25, 1991 The Supreme Court, Appellate Division, Second Department in New York heard an appeal on a case of murder associated with an attempted rape. The elements of the offense are seemingly so bizarre as to warrant mention. The offender was originally convicted on May 10, 1984, with…
Court Discusses Changes in Law for Rape Charges
Prior to 1974, a rape conviction was not able to be obtained on the uncorroborated testimony of the victim. In order to corroborate a testimony, the victim would have to be able to produce an eye witness or some other type of physical evidence. Prior to 1974, there was no…