The Facts: Defendant is charged with two counts of grand larceny in the third degree arising out of a homosexual incident between the complainant and defendant. The People allege that the incident was consensual in nature and that defendant thereafter extorted money from the complainant by threatening to expose him…
New York Criminal Lawyer Blog
Defendant Claims Rape of Wife Was Allowable Due to Marriage
The Facts: On 7 June 1982, defendant and his wife separated after fourteen years of marriage. Defendant moved out of their marital residence and rented an apartment. A New York Criminal Lawyer said that on 3 November 1982, defendant was summoned and appeared before the Family Court to answer charges…
Court Discusses Rape Shield Law
A female college student from Columbia University surfed the net looking for other Columbia students with whom she can chat. She began an online conversation through email with the accused who was also a student from Columbia University. The accused shared his interests in the occult and the bizarre. He…
Defendant Asks to Seal Prior Convictions
It is no secret that people make mistakes when they are young. It is not unreasonable to offer a second chance to those who are able to mature past their youthful indiscretions. The Rockefeller Drug Law reforms were created as a means to offer second chances to those offenders who…
Defedant Seeks to Have New Parole Hearing
On November 17, 1990, a thirty-two year old plumber who was married with three children lived on West 143rd Street in Manhattan. At around 6:43 in the evening, the plumber met his brother’s wife’s boyfriend in front of 225 West 129th Street. The began to argue. They parted and went…
Court Discusses Rape Trauma Syndrome
A 19-year old woman received a phone call from a male friend who told her that he was very upset and wanted to talk to her in person. The 19-year old borrowed her mother’s car and went to the parking lot where she agreed to meet her friend. As she…
Court Decides Outcome of Repeated Probation Violations
Many people view juvenile delinquency as a problem that the child will outgrow. Unfortunately, violence among teenagers has become extreme with the addition of gangs and gang violence in the United States. These juveniles are often on the road to becoming career criminals no matter what actions that the courts…
Defendant Contends Impropriety of Prosecutors Office
On September 10, 1992, the area of east 213th Street and Bronxwood Avenue in the Bronx, New York was a hotbed of drug activity. Rival drug gangs competed with each other for the drug turf using guns and violence to hold their sales areas. On this night, two brothers who…
Court Looks at Intent in Criminal Assault Case
Sometimes, the cases that reach the Supreme Court on appeal represent a question of law that is similar among several cases. When this happens, the cases are grouped into one with several cases included. One such composite case involved a defendant who was indicted for attempted murder in the second…
Court Determines Probable Cause for Weapons Charge
Parents have told their teenagers for years to watch the company that they keep. That is especially true if the teens are associating with persons who are likely to commit a crime (felony or misdemeanor). The courts are full of people who were in the wrong place at the wrong…