On January 21, 1996, the Sex Offender Registration Act was created by the legislative body of the New York State legal system. It provided that each offender who commits a sexually related offense, must be registered with the state as a sex offender. A New York Criminal Lawyer said the…
New York Criminal Lawyer Blog
Defendant Contends Burden of Proof was Not Met
A girl was convicted of criminal sale of a controlled substance in the first degree, for which she was sentenced to a prison term of eight years to life. She was imprisoned and already served her three years term. The girl contends that the evidence at her trial failed to…
Court Decides What to Do with Money Uncovered During Crime
On March 1982, a police officer assisted in the arrest of a man after a search of his rented car. The search was allegedly based on probable cause. Drug paraphernalia amounting to $8,605 was found on the floor behind the driver’s seat and several suitcases of marijuana were also found…
Defendant Claims He Did Not Play an Active Role in Drug Transaction
A team of police officers conducted a buy and bust narcotics operation. The undercover officer carried bills which had been photostatted and drove to the location where twelve people were standing near the area. The officer called out from his automobile asking if anyone had dimes. A New York Criminal…
Defendant Claims Charges Unconstitutional
A man was arrested and charged with illegal heroin possession and illegal possession of hypodermic needle and syringe. Even before the man was brought for arraignment, he already filed a motion to dismiss the information on the ground that the laws punished the misdemeanor offense of illegal possession of hypodermic…
Defendant Contends Violation of Drug Reform Act
The Facts: On 21 March 2002, defendant was sentenced in Michigan to a two-year probation following his plea of guilty to attempted home invasion in the first degree under Criminal Law. A New York Criminal Lawyer said that on 22 August 2003, defendant was charged in Bronx County with criminal…
Defendant Claims Prior Felony Should Not Be Counted
The Facts: On 10 November 1952, appellant pleaded guilty of attempted violation of section 1751 of the Penal Law as a felony; a violation of the Public Health Law with respect to narcotic drugs; a drug crime. A New York DWI Lawyer was presented therein that the appellant had been…
Defendant Claims Illegal Search and Seizure by Police
On October 10, 1979, three uniformed police officers in a marked police car approached the vicinity of Seventh Avenue between 143rd and 144th Streets. At that time, one of the police officers saw the defendant at 144th Street and Seventh Avenue, a known area for drug crimes. A New York…
Court Determines if Unlawful Surveillnce is a Sex Crime
A 55 year old man, after violating a criminal law, has been placed under the Strict and Intensive Supervision and Treatment (SIST) under a sex offender civil management proceeding. Subsequently, the State filed for a petition to revoke the respondent SIST’s placement and requested the court for the respondent to…
Error Occurs in Collection of Evidence
Often, questions arise in the court system that involve how to handle mistakes that happen in the justice system. Among these mistakes can be the mishandling of evidence. A New York Criminal Lawyer said that while losing evidence can be a devastating blow to a prosecution’s case, it is even…