The defendant’s written a Criminal Procedure Law (CPL) application to set aside one count of the jury trial verdict which convicted him of criminal mischief was granted by the County Court, over the written and oral opposition, on the record in open court. The written decision expounds in greater detail…
In this Criminal case, a jury has found the defendant guilty of assault, second degree, with intent to rape. He is now before me for sentence and in connection therewith the District Attorney has filed a prior offense information which alleges that the defendant is now a second felony offender…
The criminal defendant is adjudicated to be a Level Three Sex Offender after a Sex Offender Registration Act hearing held on 5 August 2008. The defendant was charged under this indictment with Rape in the First Degree stemming from an incident that occurred on 18 February 1976. He was convicted…
A Kings Criminal Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered April 22, 2009, in Kings County, convicting him of burglary in the second degree, criminal contempt in the first degree, and criminal contempt in the second degree,…
The defendant moves for an order vacating the judgment of conviction on the ground that he was denied effective assistance of counsel in that his attorney failed to advise him of the risk of deportation when he pled guilty. The Probation Department opposes the motion. For the reasons stated below,…
A defendant is arrested for driving while intoxicated. He is not given Miranda warnings. He is given inadequate “refusal” warnings in connection with a request by the police that defendant consent to submit to a chemical “breathalyzer test” for the presence of alcohol in his system. Defendant answers (while videotaped)…
A Nassau Rape Lawyer said that, the defendant is accused of the crimes of rape in the first degree and sexual abuse in the first degree. He was acquitted in the first trial of this matter of the crimes of robbery in the first degree, petit larceny, and criminal use…
A Queens Sex Crimes Lawyer said that, the “adult” establishments at the center of this controversy offer various forms of sexual expression. These businesses include bookstores, theaters, stores dealing in videotaped material and places of live entertainment. In 1965, there were only nine such establishments in New York City. That…
In this Criminal action, defendants filed a motion for ‘an order directing the dismissal of the indictment herein upon the ground that the Grand Jury which returned said indictment was unconstitutionally selected and therefore did not acquire jurisdiction to charge the defendants. Before dealing with the merits it is necessary…
In response, the People contend that the facts alleged make out a completed rape and Defendant’s own statements and DNA testing confirm that he had sexual intercourse with the victim. The People then claim that, pursuant to another case, Courts are not limited to the single charge to which Defendant…