The defendant moves to suppress physical evidence and his statements. He is charged in two (2) indictments as follows: the defendant is charged with the crimes of burglary in the second degree, grand larceny in the fourth degree, petit larceny and criminal possession of stolen property in the fifth degree.…
People v. LeBeau Court Discusses Lesser Included Offenses of Vehicular Assault The defendant was arrested and charged after he struck a pedestrian with his taxi after making a U-turn. The defendant admitted to the officer that the cause of the accident as a result of him drinking alcohol, taking cocaine…
A man filed an appeal from the decision of the Supreme Court convicting him of rape in the first degree, two counts of criminal sexual act in the first degree and incest, upon his plea of guilty and imposing sentence. The appeal brings up for review an order of protection…
A Queens Criminal Lawyer said that, defendant moves pursuant to Criminal Procedure Law §440.10(h) to vacate the judgments of conviction in six cases, arguing that his prior plea attorney failed to provide effective assistance of counsel during and prior to his guilty pleas in the Queens Misdemeanor Treatment Court (QMTC).…
Application of Mackell Court Discusses Whether the District Attorney was Permitted to Request that the Defendant Shave for a Line up The District Attorney made an application to the court requesting that the respondent be permitted to shave his beard under the direction of the prison warden for the purposes…
In this criminal case, defendant was convicted, after a jury trial, of placing a six inch knife to the throat of a thirteen year old girl and then ripping the chain off her neck. The victim was the only eyewitness to the crime, which lasted only seconds. No other evidence,…
People v Bain Court Discusses Whether the Evidence was Legally Insufficient for Conviction The defendant indicted and convicted for manslaughter in the second degree, vehicular manslaughter in the second degree, and driving while intoxicated after an accident that resulted in his wife’s death. The appealed the conviction on the ground…
This is a recommitment proceeding wherein defendant was at the scene of a drug raid for the purposes of purchasing marijuana. He refused the order of a police officer to leave and was arrested for disorderly conduct. As he was being placed under arrest, he pulled out a six-inch hunting…
The defendant man contends that the evidence against him was insufficient, as a matter of law, to establish guilt beyond a reasonable doubt. Viewed in a light most favorable to the People, the record establishes that a woman, the complaining witness, lent money to the defendant. Concededly the defendant did…
In this Criminal case, defendants filed a motion for an order dismissing this indictment. The defendants contend the doctrine of collateral estoppel is applicable and would warrant a dismissal of these proceedings. A Nassau County Criminal attorney said that in June 1969, five youths were arraigned upon a complaint in…