In this appeal on a criminal case, the court was asked whether defendant’s entry of a guilty plea forfeited his claim that the misdemeanor information was deficient. A New York Criminal attorney said that in January 2006, defendant was a passenger in an automobile that was stopped by a New…
New York Criminal Lawyer Blog
FOIL
In September 1996, a seven-count indictment was filed with the court charging defendant with two counts of murder in the second degree; one count of attempted murder in the second degree; one count of reckless endangerment in the first degree; one count of criminal possession of a weapon in the…
Pursuant to the foregoing undisputed facts
The matter at bar is a civil forfeiture proceeding wherein the plaintiff/claiming authority, Suffolk County Attorney seeks the forfeiture of a 1967 Chevrolet owned by defendant. A Nassau County Criminal attorney said that defendant was arrested in June 2006 for driving while intoxicated. He submitted to a blood test after…
Defendant was also sentenced for driving while intoxicated
The defendant man operated a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating a motor vehicle in this state or his privilege of obtaining a license issued by the commissioner was suspended or revoked, and the suspension or…
People have provided that information to a court
The defendant is charged with one count of criminal possession of a controlled substance in the seventh degree, a class A misdemeanor. Pursuant to the Criminal Court complaint, a paralegal with the Kings County District Attorney’s Office states that she is informed by a Police Officer that on or about…
First and Second Department Rules
The indictment charged the defendant with three counts of grand larceny in the second degree in stealing $46,500 from the estate, in stealing $16,500 from a husband and in stealing $2,500 from an attorney. The jury convicted the defendant of the third count but acquitted him of the first two…
CPLR 1312(3)
This is a motion by the plaintiff herein, the District Attorney of Queens County, pursuant to the recently enacted Article 13-A of the CPLR, entitled “Proceeds of a Crime Forfeiture”, for a preliminary injunction enjoining the defendants pending the determination of this forfeiture action, from selling, giving, transferring, pledging, mortgaging…
The offender then agreed to speak with her about the incident.
At approximately 11:30 p.m., a student was shot to death. Four days later, detectives investigating the homicide were informed that an individual, arrested on an unrelated robbery, claimed to have information about the gun crime. The individual told the detectives that he had overheard a conversation in a local candy…
DLP and JEP fit exactly within the text of the 2009 DLRA.
After committing class B felonies involving narcotics, DLP, JEP and JAP were sentenced to indeterminate prison terms under the Rockefeller Drug Laws. This law governed the sentencing of drug offenders until 2005. DLP and JEP received sentences of 2 to 6 years while JAP received a sentence of 5 to…
Section 2445 of the Penal Law
In this Criminal Gun Crime action, a Motion ‘for an order granting the defendant a permission to inspect the grand jury minutes and the testimony upon which the indictment herein was founded, or in the alternative for an order dismissing the indictment against the defendant charging him with the crime…