A man was convicted of criminal cocaine possession and 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. Because of the sales of controlled substances to undercover police officers, the police had enough bases…
New York Criminal Lawyer Blog
Defendant Charged with Sexual Abuse of Minor
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…
Court Discusses Risk Levels of Sex Offenders
The Facts: On 5 March 1993, defendant was arrested, and charged with Rape in the First Degree, Sex Abuse in the First Degree, and Endangering the Welfare of a Child based upon the complaint of child-one, a ten-year old who stated that defendant had removed her clothing, spread her legs,…
Court Discusses Jurisdiction Over Juvenile Defendant
The Facts: Two witnesses testified at a fact-finding hearing. On 7 September 1978, sometime after 5:30 P.M., the victim alleges that he heard rocks strike the side of his house. A New York Drug Possession Lawyer said that such an event had occurred previously and he testified that he knew…
Defendant Contends He Was Not Given Psychiatric Evaluation
A man was arrested for alleged acts of sodomy with a 12-year-old male child and was indicted on five counts, all involving such acts. He pleaded not guilty. Although the record is incomplete as to the various steps which were taken thereafter, it is clear that the man was sent…
Defendant Contends Penal Law Unconstitutional
The complainants, a prostitute and a patron seek a judgment declaring sections of the Penal Law unconstitutional. The laws prohibit prostitution and patronizing a prostitute. A New York Criminal Lawyer said the action was commenced and the opponents, the City Mayor and the City Police Commissioner moved to dismiss on…
Court Discusses Hearsay in Establishing Criminal History
On this proceeding, the court argues on the matter that in what extent can a psychiatrist rely on out-of-court materials, such as pre-sentence reports and department of parole records, in compiling a history of sex offenses committed by a man in order to formulate a psychiatric opinion and whether the…
Court Weighs Possibility of Taking DNA Samples
A man is charged with menacing in the third degree, sexual misconduct, sexual abuse in the third degree and harassment in the second degree. The opponent moves for an order to permit the taking of DNA samples from the man’s cheek cells for the purpose of testing and analysis. The…
Defendant Claimed that Repeated Playing Offensive Video Swayed the Jury
The state of New York filed a complaint charging a man with three counts of forcible touching, three counts of sexual abuse in the second degree, three counts sexual abuse in the third degree, two counts of endangering the welfare of a child, aggravated harassment in the second degree, and…
Defendant Contends Grand Jury Indictment
A New York Sex Crimes Lawyer said a man was convicted of rape, a sex crime, in South Carolina sometime in October 19, 1992. He was sentenced to a prison term and he has fully served his prison sentence. During his incarceration, the Sex Offender Registration Act was enacted which…