This is a proceeding wherein the defendant, RJ, is a convicted sex offender pursuant to Correction Law § 168-a having pled guilty on 6 April 1994, to one count of Attempted Rape in the First Degree, a lesser-included crime of Count I of the Indictment charging Rape in the First…
New York Criminal Lawyer Blog
Subdivision (e) of section 1104
Finally, subdivision (e) of section 1104 specifies that “the foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for…
Supreme Court upheld a comparable Kansas civil commitment
In July 2010, the Attorney General, filed a petition contending that Respondent is a detained sex offender who has a mental abnormality, as that term is defined in Article 10 of the New York State Mental Hygiene Law (“MHL” or “Article 10”), § 10.03, such that Respondent should be confined…
People opposed a downward departure
This is a proceeding wherein the defendant challenges a determination of the Supreme Court, Kings County, designating him a risk level two sex offender pursuant to Correction Law article 6–C, the Sex Offender Registration Act upon the Supreme Court’s denial of his application for a downward departure to risk level…
People v Stone (1974)
The case involves a respondent named PH who is the subject of a sex offender civil management petition filed pursuant to article 10 of the Mental Hygiene Law. On 22 September 2008, a hearing was conducted to determine whether probable cause exists to believe that PH is a sex offender…
Appellate Division reversed
A New York DWI Lawyer said that, at 3:57 p.m. on September 20, 2004, defendant a road patrol deputy in the Monroe County Sheriff’s Office, was on routine patrol in a marked police vehicle when he received a radio dispatch from the Office of Emergency Communications dispatch or “911 center”…
Penal Law § 110.00
In this criminal case, defendant was arraigned on a felony complaint and charged with assault in the second degree, assault in the third degree, criminal possession of a weapon in the fourth degree, menacing in the third degree, and harassment in the second degree. The case was later adjourned for…
VCR was hidden in the ceiling
It is alleged that on April 12, 2006, the three defendants were part of an undercover enforcement operation which, at the time, was a purported unlicensed massage parlor. After the defendants and other police officers arrested the owner of the establishment and seven of his female employees, those individuals were…
Due Process Clause
In this DWI case, defendant was originally charged with common law driving while intoxicated (DWI), but he waived his right to trial by jury on that charge and was convicted after a bench trial of the offense of driving while his ability to do so was impaired by alcohol (DWAI).…
People v. McNair
People v. McNair Criminal Court Discusses Electronic Monitoring as a Special Condition to a Probation Sentence On October 27, 1993 at approximately 2:30 in the morning, a police officer pulled the appellant’s car over for speeding and running a red light Poughkeepsie, New York. The appellant was subsequently arrested for…