In this proceeding, a man seeks to enjoin the district attorney from prosecuting an indictment which was filed by the grand jury. The man asserts that the district attorney lacks jurisdiction to proceed. The matter was started when the man was arrested and charged with assault in the second degree,…
In this Criminal case, defendant filed an appeal from a judgment of the Nassau County Court, convicting him of rape and sodomy in different degrees. A Nassau County Criminal attorney said that following defendant’s arrest in connection with the alleged sexual assault upon the 14 year old female complainant, the…
The defendant is accused by indictment with various crimes associated with a controlled substance including the drug crime of Criminal Sale of a Controlled Substance in the Third Degree. He now moves for dismissal of this, the fifth count of the indictment, on the ground that Penal Law § 70.00,…
This is an appeal by defendant from a resentence of the District Court of Suffolk County, First District imposed on 17 June 2009 upon his admission to a violation of probation. After being convicted of driving while intoxicated (Vehicle and Traffic Law § 1192[3]), defendant was sentenced on 4 May…
In an action against the property clerk of the Nassau County Police Department to recover possession of an automobile or, if possession could not be given, $1,000, its alleged value, together with $4,000 damages for its detention, a judgment was entered directing defendant to deliver to plaintiff the automobile, or…
Here, the marijuana allegedly open to public view is not recovered and thus the sole allegation that the exchanged item was marijuana is conclusory. The deponent officer gives no description of the allegedly exchanged marijuana to support his conclusion. Further, it appears that the factual allegations regarding his conclusions based…
People v Navarrette Court Discusses the Interpretation of the Word Operation in Section 600(2)(a) of the Vehicle and Traffic Law The defendant was charged with a class B misdemeanor, attempted leaving the scene of an incident without reporting, under section 110.00 Penal Law and section 600 (2) (a)Vehicle and Traffic…
Defendant was indicted in January or February, 1974 for the crimes of criminal sale of a controlled substance (cocaine) in the third degree, criminal possession of a controlled substance (cocaine) in the third degree, criminal sale of a controlled substance marijuana in the fifth degree and criminal possession of a…
People v. Philbert Court Discusses Whether the Defendant was given a Clear and Unequivocal Refusal Warning from a Warning Card The defendant was charged with driving while intoxicated pursuant to section 1192 of the Vehicle and Traffic Law after the police officer observed the defendant’s slurred speech, bloodshot eyes and…
This is a criminal proceeding wherein the appeal concerns the validity of New York City’s Amended Zoning Resolution governing the location of adult entertainment establishments throughout the five boroughs. The court concludes that the Supreme Court correctly granted summary judgment declaring that the challenged ordinance does not violate plaintiffs’ constitutional…