On April 22, 23 and 28, 2008, this Court conducted a hearing pursuant to defendant’s 710.20 motion to suppress a gun, the magazine in the gun and the nine rounds of ammunition in that magazine. The issue of preclusion of other recovered objects is not before this court. A New…
People v. Viano Courts Discusses Whether Failure to File a Special Information was Fatal to a Felony Charge of Driving While Intoxicated The defendant was indicted with driving while intoxicated as a felony, pursuant to Vehicle and Traffic Law § 1192(3). The defendant was previously convicted for driving while intoxicated…
This is drug crime where defendants are charged with one count of Criminal Possession of a Controlled Substance in the Second Degree. The challenge is directed to the motivation for and legality of a search for stolen property which also resulted in the not surprising seizure of other items including…
This is a proceeding wherein the petitioner made a FOIL request to the New York City Police Department in November 2007, requesting documents relating to his rape arrest. On 16 September 2008, petitioner commenced an Article 78 proceeding to challenge a determination by the NYPD denying his request. On 30…
This is an Appeal by the defendant from a judgment of the Supreme Court, Suffolk County, convicting him of murder in the second degree, burglary in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. A Suffolk County Criminal…
People v Batista Court Discusses Whether the Defendant Fulfilled the Requirements for the Judge to give the Jury a Missing Witness Charge Instruction The defendant was arrested and indicted for driving while intoxicated as a felony DWI, unlicensed operation of a motor vehicle and unlawful possession of marijuana. The charges…
A Queens Criminal Lawyer said that, defendant moves, at the commencement of his jury trial, for this Court to re-inspect the Grand Jury minutes and dismiss the Indictment. The defendant herein is charged with Murder in the Second Degree and Criminal Possession of a Weapon in the Second Degree. He…
People v Bolson Court Discusses Whether a Family Member can be classified as a victim within the meaning of Section 390.30 (3) (b) of the CPL The defendant was convicted of driving while intoxicated but acquitted of manslaughter and vehicular assault. The defendant’s Queens County Criminal Attorney during the sentencing…
This is a Criminal case where the Court rendered a decision revoking a sentence of probation previously imposed by the County Court, Suffolk County, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in…
A Suffolk Criminal Lawyer said that, the defendant appears before this Court having pled guilty in the United States District Court for the Northern District of Texas to the crime of Enticement of A Minor To Engage In Sexual Activity in violation of 18 U.S.C. §2422[b] in satisfaction of a…