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,…
New York Criminal Lawyer Blog
Defendant Contends Incriminating Evidence From Prior Conviction Should Not be Included
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.…
Court Said Element of Penal Law Lacking
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…
The Extent of Plaintiff’s Resistence During Rape Discussed by Court
The accused, a bachelor of approximately thirty-seven years of age met an incoming plane at LaGuardia Airport, from which disembarked a twenty-year-old petite, attractive second-year student woman, an unworldly girl, evidently unacquainted with New York City and the sophisticated city ways, a girl who proved to be, as indicated by…
Defendant Say He Cannot Be Indicted on Uncorroborated Testimony
The fifteen year old alleged kid victim related that on July 13, the accused approached him in back of a store and started to talk to him about different things, such as drugs and pinball machines. The accused reached into his pocket for some old coins. He accused the kid…
Defendant Claim Law He Was Convicted of Has Been Repealed
In 2007, a man was convicted of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. The case stemmed from an incident that was witnessed by an on duty uniformed police officer in Chemung County, New York. A New York…
Defendant Contends Elements of Rape Crime Not Met
A man filed a motion for him to file a late notice of explanation. The man’s counsel has established good reason for late filing of the notice which is attached to the moving papers. As explained on the counsel’s letter, a New York Criminal Lawyer said the alleged criminal acts…
Court Discusses How an Individual Under Age 17 is Unable to Give Consent
The man is charged with the offense of rape in the first degree and incest. However, the man moved his legal action for certain relief, discovery and inspection as well as dismissal of the accusatory instrument. The man alleged that the provisions of penal law are unconstitutional and therefore the…
Court Finds Insufficient Evidence for Grand Jury Indictment of Rape
The Facts: Two male persons, defendants, forcibly abducted the victim (of the assaults) in an automobile. While being carried away in the car, the victim was given a choice of either participating in sodomy or submitting to rape but refused either alternative. A New York Sex Crimes Lawyer said after…
Defendant Files a 440 Motion
The Facts: Defendant was originally charged with Rape in the First Degree, Sodomy in the First Degree, Sexual Abuse in the First Degree, and Menacing in the Third Degree. Thereafter, defendant was found guilty of Sodomy in the First Degree but not guilty on the rest of the charges. Defendant…