A man was sentenced to concurrent terms of three years for assault in the second degree and one year for promoting prostitution in the fourth degree. At the time of sentencing, the court did not impose the mandatory period of post-release supervision as required by the law. In spite of…
In this criminal case, defendant was arrested and charged with the violation of Penal Law Section 230.00, a class B misdemeanor. A bench trial was held. The People presented the testimony of Police Officer assigned to the Brooklyn South Public Morals Division (BSPMD). He testified that in January 1994, he…
In this Criminal action, Defendant-appellant was charged with multiple petty offenses. None carries a maximum term of incarceration greater than six months upon conviction when prosecuted individually. A New York Criminal attorney said that Defendant was originally charged, under two separate informations, with multiple misdemeanors and lesser offenses relating to…
This is a proceeding wherein the petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he is a sex offender subject to registration pursuant to the Sex Offender Registration Act. Supreme Court granted the petition and annulled the determination, concluding that petitioner was not subject to…
Property Clerk of the Police Dept. of the City of N.Y. v Burnett Court Discusses the Krimstock v. Kelly Principle after the Seizure of Motor Vehicle On February 16, 2004, the defendant was arrested on three drug charges: felony possession of a controlled substance, Viagra, with intent to sell; felony…
This is a proceeding wherein the defendant, JC, was convicted, upon his plea of guilty, of sexual abuse in the first degree. In evaluating the defendant for registration as a sex offender pursuant to Correction Law article 6–C, the Sex Offender Registration Act, the New York State Board of Examiners…
A New York Prostitution Lawyer said that, petitioner is the lessee of the premises at 6693 Broadway, Bronx, New York, which was ordered closed for one year by Police Commissioner Ward, pursuant to the Padlock Law and the regulations promulgated thereunder. The Padlock Law, effective August 6, 1984, authorizes the…
Respondent was found to suffer from a Mental Abnormality under Article 10 at a jury trial. The evidence from that trial was made a part of the record of the instant proceeding. At the trial, the State presented the testimony of two psychologists who opined that the Respondent suffered from…
A Kings Criminal Lawyer said that, in an action, inter alia, to enjoin a public nuisance, the defendants appeal from a judgment of the Supreme Court, Kings County, dated August 15, 1989, which, after a nonjury trial, inter alia, directed them to pay a civil penalty in the sum of…
In this Criminal case, defendant, a 78 year old man, was convicted by plea of guilty of one count of Assault in the Second Degree and one count of Attempted Sexual Abuse in the First Degree. Thereafter, he was sentenced to a determinate sentence of imprisonment of 5 years with…