A Queens Petit Larceny Lawyer said that, the defendant is charged with one count of petit larceny (Penal Law §155.25) and one count of criminal possession of stolen property in the fifth degree (Penal Law §165.40). The defendant has moved to suppress statements on the ground that they were involuntarily…
Petitioner was charged under a governor’s warrant with being the South Carolina fugitive, who allegedly escaped from the Anderson South Carolina Stockade in 1976. The fugitive was serving a sentence of seven years for passing several bad checks and a probation violation from a prior grand larceny. Petitioner has lived…
This is a Criminal case where the defendant moves to dismiss the indictment against him upon the ground that there is insufficient evidence to sustain any of its 44 counts charging Forgery in the Second Degree and the single count of Grand larceny in the Second Degree. In a case…
This case is a consolidation of eight juvenile delinquency proceedings for a dispositional hearing after a determination that each respondent has committed at least one act which, if committed by an adult, would constitute a crime. In each case, the court requested that the New York City Department of Probation…
Defendant has moved to dismiss the information on the grounds that the current charge of possession of a controlled substance in the 6th degree should have been joined under CPL Section 200.20 with an earlier charge for DWI driving while intoxicated which the defendant pled guilty to in March 1974.…
The judgment convicted appellant of the sale (first count) and possession (second count) of a narcotic drug, marijuana, sentenced him to a term of five to seven years on the first criminal count and suspended sentence on the second count. The evidence produced by the prosecution indicated that appellant had…
This is a proceeding wherein the defendant, D.S.D. entered a plea of not responsible by reason of mental disease or defect pursuant to CPL 220.15 to the crime of Criminal Possession of a Weapon in the Second Degree, and to other related offenses. It was alleged that on 23 January…
A Suffolk Marijuana Possession Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered December 8, 1983, convicting him of criminal possession of marijuana in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for…
People v. Coniglio Court Discusses Whether a Dying Declaration was Admissible in a Murder Trial The defendant was indicted for two counts of murder and one count of attempted murder. The defendant requested a motion to suppress statements made by the deceased and by himself, and the gun and bullets…
People v Cabrera Court Discusses Whether the Conduction of a Checkpoint was Unconstitutional The defendant was arrested for driving while intoxicated DWI after being stopped at a police vehicle checkpoint. The defendant requested a pre-trial suppression of his breathalyzer results on the ground that the conduction of the checkpoint was…