On 23 October 2003, pursuant to the Sexual Offender Registration Act (SORA), the Board of Examiners of Sex Offenders (“the Board”) submitted a Risk Assessment Instrument (RAI) and recommended that defendant be designated as a Risk Level 2 Sexually Violent Offender upon his release from custody, based on his conviction…
This is an Article 78 proceeding filed by petitioner UJC against the respondents, the New York Police Department (NYPD) and its commissioner, to compel the production of records relating to raids on certain bondage, dominance, sadism and masochism (BDSM) establishments, pursuant to New York’s Freedom of Information Law (FOIL) (Public…
On 3 May 2000, at approximately 11:00 p.m. within the vicinity of East 23rd Street and White Plains Road in Bronx County, S was with her friend R. There they saw defendant, MW, whom R knew. R talked to him while S was standing close by. S and R then…
The defendant was charged with Driving While Intoxicated Per Se, Vehicle and Traffic Law, Driving While Intoxicated, Turning Movements and Required Signals, and Consumption or Possession of Alcoholic Beverages in Certain Motor Vehicles. After a trial by jury, the defendant was convicted of Driving While Intoxicated Per Se, Driving While…
A Suffolk Criminal Lawyer said that, the defendant moves pursuant to Section 440.20 of the Criminal Procedure Law to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. This is a case of ‘second impression’–the first time…
While it is true that the arresting officer filed reports with the Housing Authority and with the Criminal Court, those files and reports are not available to the Housing Authority at this time. The certificate of disposition submitted by the petitioner clearly indicates that the charges were dismissed and sealed.…
Ruggerio v. Aetna Life & Cas. Co. Court Discusses Whether the Defendant was Indemnified against Liability arising from an Accident The plaintiff was involved in an accident with a taxi operator at a time when the operator did not possess a license to operate a taxi and his operator license…
The petitioner man was arrested by a member of the Housing Authority Police Department in Queens. He was arrested for criminal contempt in the second degree (violation of an order of protection) and sexual harassment. The officer acted on the basis of information supplied to him by the person who…
At approximately 3:30 a.m., a woman was sleeping in her apartment which she left unlocked because she was expecting her boyfriend to come over. She was then awoken by a knock and believed that it was her boyfriend at the door. She thought that he had forgotten the key she…
People v Guaman Court Discusses Whether the Judicial Hearing Officer at a Suppression Hearing was Biased The defendant was charged with two counts of driving while intoxicated DWI and one count of aggravated driving while intoxicated. The defendant requested a suppression hearing to suppress the breathalyzer results. The hearing was…