Respondent is a Judge of the Criminal Court of the City of New York, New York County. In 1981, two women accused of prostitution, which carries a three-month maximum sentence, appeared before the respondent Judge and moved for trial by jury. The defendants argued that CPL 340.40 (subd. 2), directing…
New York Criminal Lawyer Blog
Officer Graham approached defendant
Upon defendant’s motion, the Court conducted a combined hearing. The People called three witnesses, a Detective assigned to the Police Commissioner’s office, and 2 Police Officers. The defendant’s father testified for the defendant. A Queens County Criminal attorney said that an Officer overheard these radio reports. While in the vicinity…
CPL 60.42
A New York Sex Crimes Lawyer said that, the defendants were indicted for the crimes of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree and assault in the second degree. Although the alleged crimes occurred on April 4, 1975, the trial did…
Section 395, Code Cr.Proc
In this Criminal case, the indictment charges the defendant with the crime of ‘Carrying a Dangerous Weapon’ in that he ‘had and carried concealed upon his person, a pistol loaded with ammunition at the time, without a valid, written license therefor.’ A Queens County Criminal attorney said that the only…
Miranda warnings
While on motor patrol in August 1977, a Police Officer received a call that shots were fired at premises located at a street in Queens. He proceeded to that location with his partners. Upon arriving and receiving information that someone had been seen on the roof, the Officer received permission…
Correction Law §§ 168-l and 168-n
This is a proceeding wherein the defendant, a convicted sex crimes offender, appeals from an amended order determining that he is a “level three” risk under the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq. As a matter of first impression at the appellate level, the court…
Supreme Court correctly defined the crime
In this Criminal case, the defendant appealed from a judgment convicting him of falsely reporting an incident in the third degree (two counts), upon a jury verdict, and imposing sentence. A Queens County Criminal attorney said that in the early morning hours of May 2007, the defendant appeared at a…
Consequently, the court decided to settle the motion.
A man is charged with three counts of forgery in the second degree, criminal buying and receiving stolen property, criminal concealing and withholding stolen and wrongfully acquired property, possessing a pistol loaded with ammunition as a felony, and possession of a pistol, a bludgeon and a set of metal knuckles…
Defendant’s challenges to the court’s charge have not been preserved for appellate review
This is an appeal by defendant from a judgment of the Supreme Court, Queens County, convicting him of rape in the first degree, robbery in the first degree, burglary in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
Department of Correctional Services
This is a proceeding wherein the Defendant appeared before the Court for a risk level determination pursuant to the Sex Offender Registration Act (SORA). First, defendant moved to have this Court declare SORA unconstitutional and argues that the SORA Risk Assessment Instrument (RAI) does not measure the risk of re-offense…