By order to show cause, the defendants move for renewal and re-argument of so much of the Court’s prior decision and order, entered December 2, 1993 as denied, after an inspection of the Grand Jury minutes, that branch of their respective omnibus motions to dismiss or reduce the first count…
A woman moves to vacate her plea of guilty to disorderly conduct, the judgment of conviction and sentence rendered on her. She asserts that her prior convictions are directly related to her arrests for prostitution offenses, and that because she is a victim of human trafficking. At trial, the woman…
Respondent, a Housing Authority was created by the Legislature to, inter alia, build and operate low-income apartments in New York City. Respondent is required by federal and state law to provide safe, decent, and sanitary housing to public housing tenants. Pursuant to 42 USC § 1437d(l)(6), leases must include the…
The defendant, during his alcohol related driving trial, opposed introduction of the foundational documents customarily offered to validate the admission of the results of a breath test and subsequently objected to the results being admitted due to lack of foundation. The defendant’s basis for the objections was his inability to…
One evening, police officers were called to an alleyway and found a lifeless body of a man, who had been fatally shot in the right temple with a .25 caliber pistol. At trial, evidence revealed that the owner of the caliber pistol, the alleged offender, was a member of a…
The People appealed from an order of the Supreme Court, in this Criminal case, which, after a hearing, suppressed the use of a gun and a cartridge as evidence against the defendants. The indictment charges the defendants with the crime of criminal possession of a weapon in the third degree,…
In this criminal action, a demurrer was duly filed to an indictment charging this defendant with the crimes of robbery in the first degree, grand larceny in the second degree, assault in the second degree (nine counts), and carrying a dangerous weapon as a felony. The demurrer states that the…
A New York Criminal Lawyer said that, petitioners, Property Clerk of the Police Department of the City of New York and the New York City Police Department commenced this Article 78 proceeding by order to show cause seeking to annul as arbitrary, capricious and contrary to law a Memorandum Decision…
People v. Allison Court Discusses the Interpretation of the term “Duly Licensed” Under Sections 220.25(1) and 265.15(3) of the Penal Law The defendant was arrested and charge for criminal possession of controlled substance in the first degree and criminal possession of a weapon in the third degree. The defendant who…
A New York Police Department (NYPD) undercover detective posing as a participant in an Internet chat room was contacted by another chat room participant known by the alias website. The alias website engaged in several exchanges with the detective, stating that he wanted to engage in sexual acts with underage…