The Facts: Defendant has been found guilty of assault in the second degree, with intent to rape. He is now before the court for sentencing. A New York Sex Crimes Lawyer said that a “prior offense” Information has been filed by the District Attorney which alleges that the defendant is…
New York Criminal Lawyer Blog
Rape Trauma Syndrome Discussed by Appellate Court
The Facts: On 10 September 1988, the victim, a married college professor, was driving from her home to a family wedding when, at about 7:30 P.M., she was stopped on the Northway by defendant, then a uniformed State Trooper. At defendant’s request, she gave him her license and registration. Defendant…
Court Discusses Crime of Rape in the Third Degree
The Facts: Defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sexual abuse in the third degree; a six-count indictment on criminal law violations. A New York Criminal Lawyer said these the crimes were allegedly committed on 26 September 1967, the prosecution was…
Attorneys Argue Issue of Consent
The Facts: On 21 May 2008, as amended on 28 May 2008, defendant was convicted by the Supreme Court, Bronx County of rape in the third degree, a criminal law violation. He was sentenced as a second felony offender to a term of 2 to 4 years. The Ruling: Defendant,…
Defendant Contends All Evidence Is Circumstantial
A woman who lived alone in an apartment in Manhattan called her boyfriend who lived in the Bronx. She said that a man was in her apartment. The man (the accused) had knocked and asked her if she could help him find the man who had raped his wife and…
Court Discusses Probable Cause for Blood Sample
In August 1991, two police officers from Yonkers, New York were sent to investigate a reported rape and robbery which occurred in an apartment building. A New York Sex Crimes Lawyer said the woman who claimed to have been raped told the detectives that she was raped at knifepoint. She…
Defendant Contends Incriminating Evidence Being Used
On August 24, 1977, a woman reported to the police that she had been raped that morning. One month after the reported rape, the District Attorney applied to the court to compel the accused to participate in a line up in connection with the investigation of the August 1977 rape.…
Defendnt Claims Jury Was Prejudiced Against Him
A female civilian employee at a correctional facility was walking down a hallway reserved for civilian employees only. Suddenly a man came up behind her and put his hand over her mouth. The woman struggled to free herself and asked the man what he wanted. He did not reply. He…
Court Discusses Use of Uncorroborated Evidence
The Facts: On 10 October 1965, defendant broke and entered a room, housing at that time the complainant alone, armed with a knife, forcibly committed upon her person (according to the complainant’s testimony) an act of consummated, though uncorroborated, rape. Thereafter, defendant is charged with the crimes of Burglary Third…
Court Discusses Offense of 3d Degree Sexual Abuse
The Facts: According to a New York Sex Crimes Lawyer, the defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sexual abuse in the third degree; a six-count indictment on criminal law violations. As the crimes were allegedly committed on 26 September 1967,…