These are two unrelated proceedings joined for the purpose of this decision due to common questions of law and common prayers for relief under Section 240.70 of the Criminal Procedure Law. This decision is one of first impression dealing with the permissible sanctions for failure to comply with a Demand…
This is an Appeal by the defendant from a judgment of the Supreme Court, Suffolk County, convicting him of attempted robbery in the first degree, robbery in the first degree (two counts), and grand larceny in the second degree, upon a jury verdict, and imposing sentence. A Suffolk County Grand…
People v Bici Court Discusses Whether the Defendant was Prejudiced with the Admission of an Abstract into Evidence The defendant was arrested of driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the third degree, and unlicensed operation of a motor vehicle. He was arrested after the police…
On the evening, the defendant and three of his associates were engaged in a business transaction on a busy street in Queens County. The business being conducted was the illegal sale of cocaine and the purported buyer was an undercover police officer. Arrested shortly after the sale by a police…
In this case, defendant man was indicted for two counts of Criminal Sale of a Controlled Substance in the Third Degree, two counts of Criminal Possession of a Controlled Substance in the Third Degree, two counts of Criminal Possession of a Controlled Substance in the Fifth Degree, two counts of…
People v Dzvonyk Court Discusses Whether the Defendant’s Constitutional Right was Violated after Failure to give Refusal Warning in his Native Language. The defendant, who was a Russian immigrant, was arrested and charged with three counts of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs, two…
A Suffolk Marijuana Possession Lawyer said that, the defendant is charged, with Criminal Possession of Marijuana in the Fifth Degree, in violation of Penal Law § 221.10(1), and, , with Driving While Intoxicated DWI, Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, Operating an Uninsured Vehicle, Operating…
At about 1:00 a.m. on 2 September 2007, defendant ND’s vehicle was stopped at a New York State Police sobriety checkpoint on Fluvanna Avenue in the City of Jamestown. For allegedly displaying certain outward indicia of intoxication and failing four out of five field sobriety tests, defendant was asked to…
In this Drug crime, a motion to suppress physical evidence upon which a hearing was ordered. At the conclusion of the People’s proof the Defendant moved to dismiss and the Court directed that a memorandum of law be submitted as to the ‘standing’ of the defendant to suppress the evidence.…
A Queens Criminal Lawyer said that, this is a proceeding for judgment pursuant to Article 78 of the CPLR that was originated by the petition of petitioner, including his June 23, 2010 Affidavit in Support of Order to Show Cause, verified on June 23, 2010 and filed in St. Lawrence…