People v Noreiga Court Discusses Whether the Warrantless Search of the Defendant’s Motor Vehicle was Legal The defendant was arrested and charged with two counts of driving while intoxicated, one count of failing to obey a traffic control device and one count of consumption or possession of alcoholic beverage in…
In November 2009, the Suffolk County District Attorney indicted the respondent on one count of grand larceny in the second degree, in violation of Penal Law § 155.40, one count of forgery, in violation of Penal Law § 170.10(2), one count of criminal possession of a forged instrument in the…
This is an appeal by the defendant from a judgment of the Supreme Court, Kings County rendered 5 May 2008 convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of suppression of…
A Suffolk Criminal Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered July 13, 1983, convicting him of grand larceny in the second degree, upon a jury verdict, and sentencing him to a definite prison term of one year. A…
A Nassau Rape Lawyer, on this appeal we are called upon to consider the effect and interplay of CPL 160.50 (sealing of records upon termination of criminal action in favor of the accused) and General Municipal Law § 50-e (notice of claim). Since the Supreme Court did not give proper…
People v. Blajeski Court Discusses Whether there was Probable Cause to Suspect the Defendant for Driving While Intoxicated DWI The defendant was arrested for driving while intoxicated after parking in a drug prone area. The defendant was found drug prone area with in a vehicle with two other males while…
A Suffolk Criminal Lawyer said that, at about 6:50 P.M. on January 19, 1981, Detective of the Suffolk County Police Department Homicide Squad went to premises commonly known and referred to as 8 Nina Place in Farmingville where the homicide giving rise to the prosecution of this action occurred. Upon…
This proceeding was originated from the appeal of a man. The man, who is an inmate at one correctional facility, is challenging the computation of his jail time credit associated with his current sentence of imprisonment. The court then issued an order to show cause, and has received and reviewed…
The line which marks the boundary between permissible police action and an unwarranted intrusion in violation of Fourth Amendment rights is frequently thin and not readily distinguishable. The need for on-the-spot decisions by law enforcement officials does not afford them the luxury of a contemporaneous in-depth analysis or consultation with…
This is a proceeding wherein the defendant appeals from a judgment of the Supreme Court, Queens County, rendered 25 July 1980, convicting him of rape in the first degree, unlawful imprisonment in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and…