This is a proceeding wherein the defendant is charged with the felony of Sexual Abuse in violation of Section 130.65 of the Penal Law and the misdemeanor of Assault, covered by section 120.00 of the Penal Law. At a preliminary hearing the complainant, RM, testified that she had hitchhiked her…
Numerous defendants were arrested in a series of raids in Chinatown, carried out by police officers armed with search warrants. A New York Criminal lawyer said that the amended informations charge the defendants with the crimes of promoting gambling and possession of gambling devices in violations of sections 225.05 and…
While on patrol in a marked radio car with a fellow officer, a police officer received a radio run reporting shots fired in the vicinity of 142nd Street and Rockaway Boulevard. Arriving at the scene within approximately two minutes, the police were waved down by a man. The latter reported…
Defendant and complainant are husband and wife. Immediately prior to his arrest, defendant and his wife were staying in separate cooperative apartments, each jointly owned by them, in the same apartment building in Manhattan. The larger of the two apartments was the couple’s marital home, while the smaller served as…
This is a proceeding wherein the petitioner, DK, petitions for an order and judgment, pursuant to CPLR 7801-7806, annulling and vacating the 25 January 2011 final determination of respondent Board of Examiners of Criminal Sex Offenders of the State of New York on the grounds the determination was arbitrary and…
In one evening, a Detective, who was assigned as backup to an undercover police officer who was attempting to buy controlled substances at a social club. There is no evidence in the record that the undercover officer was able to achieve that objective. However, at 8:00 P.M., the undercover officer…
This is a proceeding wherein the defendant moves pursuant to CPL 440.10 to vacate his judgment of conviction on the grounds that, unbeknownst to criminal defendant, the complainant had recanted her accusation both to the court and the district attorney’s office prior to the entry of defendant’s plea of guilty,…
According to the Property Clerk’s invoices, on May 15, 2008 and May 19, 2008, Detective YL of the New York City Police Department’s Major Case Squad seized from Petitioner various items of property and classified them as Investigatory under Property Clerk’s invoices P002313, P002358, P002361, P002363, P002364, and P002360, hereinafter…
Policy considerations, however, may militate against entertaining an action for declaratory judgment that is instituted to challenge a criminal court’s ruling. On this basis, both declaratory relief and prohibition have been limited as a means for attacking penal statutes or court rulings. On reviewing the reasons underlying those decisions, it…
A Queens Shoplifting Lawyer said that, this case before the court involves a supermarket owner (the complainant) who, while manning the checkout register near the exit, saw the defendant go past him with an armful of meat, subsequently estimated at $30 worth. When he called out, defendant quickened his pace…