People v Murphy Court Discusses Whether the Sentence Imposed was Excessive in Driving While Intoxicated Offenses The defendant was convicted of aggravated driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2-a) (b), driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2), and…
New York Criminal Lawyer Blog
Mental Hygiene Law
Respondent is the subject of a sex offender civil management petition filed pursuant to article 10 of the Mental Hygiene Law. A hearing was conducted to determine whether probable cause exists to believe respondent is a sex offender requiring civil management pursuant to Mental Hygiene Law § 10.06 (k). The…
Rodriguez v. Wolfe
Rodriguez v. Wolfe Court Discusses Whether Forum Non Conveniens Precluded it from Exercising Quasi in Rem Jurisdiction The decedent who was a passenger in one of the motor vehicles involved in a car accident died in Florida after the defendant was DWI driving while intoxicated. The defendant pled guilty and…
70.25, subd. 2, of the Penal Law
In April 1969, the relator was convicted in the Nassau County Court of one count of grand larceny in the third degree, and one count of forgery in the third degree, on the basis of his prior plea of guilty. He was sentenced, on each count, to imprisonment in the…
Rules of Professional Conduct
A Queens Petit Larceny Lawyer said that, the defendant is charged with one count each of assault in the third degree, petit larceny, criminal possession of stolen property in the fifth degree, criminal possession of a weapon in the fourth degree and harassment in the second degree. A Queens Criminal…
Lynch-Fina v. Paredes
Lynch-Fina v. Paredes Court Discusses Whether Section 388 of the Vehicle and Traffic Law was Limited to only Negligence The plaintiff, who was the administratrix of the estate of the decedent, who was a young infant bought an action against the defendants who were the owner of the motor vehicle…
Defendant File Appeal Based on Improper Grand Jury Process
A man has been charged with grand larceny in the third and fourth degrees, forgery in the second degree, criminal possession of a forged instrument in the second degree and petit larceny. It is also alleged that the man executed forged savings account withdrawal slips on six separate occasions thereby…
New York Court Discusses Fellow Officer Rule
In November 2007, defendant was charged with violating one count of Section 1192.2 of the New York State Vehicle and Traffic law (Driving While Intoxicated [DWI]), a misdemeanor, and one count of Section 1192.2(a) of the New York State Vehicle and Traffic law (Aggravated DWI), also a misdemeanor. A Nassau…
UC’s experience and training
Ordered that the order is reversed, on the law, those branches of the criminal defendant’s omnibus motion which were to suppress physical evidence and identification testimony are denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith. A Queens Drug Crime Lawyer said…
Duress was inherent in the choice given these petitioners
The defendant is charged with violating the Penal Law, Menacing in the Second Degree and Disorderly Conduct. The People seek to introduce, and the defendant seeks to suppress, a written statement given by the defendant to the Port Authority Police. A Huntley hearing was held before Judicial Hearing Officer. The…