In these unrelated appeals, each accused challenges the denial of suppression of vials, crack cocaine possession and other physical evidence on the ground that his Fourth Amendment right to be free from unreasonable searches and seizures was violated by the warrantless police search of his car. In both cases, accused…
New York Criminal Lawyer Blog
Defendant Claims Confession Illegally Obtained
This case was brought in court to determine whether the rule applies even if the interrogator is unaware that an imprisoned man is represented by an attorney. Based on records, the right to counsel rule signifies that an accused in custody in connection with a criminal matter for which he…
Court Decides if Indictment Should Stand Due to Lack of Jurisdiction
A drug dealer in New York contacted a Lebanese courier who would be bringing ten kilograms of heroin into the United States. The drug dealer’s business constituted street-dealing heroin in Brooklyn. He agreed to meet the Lebanese courier in Boston, Massachusetts. A New York Sex Crimes Lawyer said that in…
Defendant Takes Issue of Reclassification of Drug Offense to a Felony
A man was charged in an indictment of two counts of criminal heroin possession and sale. The first count was due to drug possession and sale committed on October 19, 1973 and the second count was due to heroin possession and sale committed on October 23, 1973. On September 1,…
Defendant Claims Evidence was Illegally Obtained
A police officer, a nine-year veteran of the NYPD who has made 500 narcotics-related arrests, investigates drug sales in lower Manhattan. On February 28, 2010, the police officer, together with his detective partner entered the New York City Housing Authority (NYCHA) building in Manhattan to conduct a “vertical” –a floor-by-floor…
Sex Crime Includes Sex With a Minor
A man was convicted of criminal cocaine sale; and criminal marijuana sale when he sold cocaine and marijuana to an undercover police officer at nine different times and at nine different places. A New York Criminal Lawyer said because of the sales of controlled substances to undercover police officers, the…
Rape Defendant Takes Issue With Evidence
In January 20, 2002, a woman was living in with her fiancé who was then thirty-nine years old. The woman’s mother and 13 year old sister came over to visit them and they stayed in the same house that the woman shared with her fiancé. A New York Criminal Lawyer…
Defendant Contends Improper Use of Predatory Rape Statute
The Facts: On 2 May 2011, defendant forcibly compelled complaining witness-one to perform oral sex upon him and then forcibly subjected her to anal intercourse. On 14 May 2011, defendant forcibly touched the breasts of complaining witness-two with his hands and mouth, forcibly compelled her to perform oral sex upon…
Sex Crime Defendant Appeals for Technical Legal Issues
The Facts: On 2 May 2011, defendant forcibly compelled complaining witness-one to perform oral sex upon him and then forcibly subjected her to anal intercourse. On 14 May 2011, defendant forcibly touched the breasts of complaining witness-two with his hands and mouth, forcibly compelled her to perform oral sex upon…
Plaintiff Sues Employer for Sexual Offenses
The complainants filed an action that alleges forty-six allegations of fact in support of three causes of action. Their first two causes of action claims include sexual assault by the creation of a hostile work environment and the constructive discharge. The third cause of action is for intentional infliction of…