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…
A Kings Domestic Violence Lawyer said that, the defendant was charged with, inter alia, harassment in the second degree based on numerous harassing and threatening telephone calls he allegedly made to his former paramour, with whom he had two children. On January 18, 2007, a misdemeanor complaint was filed charging…
Defendant was arrested for acting in concert with co-defendant in allegedly committing the crimes of Kidnapping in the First Degree, Rape in the First Degree, Sodomy in the First Degree, and Unlawful Imprisonment in the First Degree, against a lady victim. Defendant and co-defendant were subsequently indicted for all of…
The defendant was convicted after a jury trial of Kidnapping in the First Degree, Rape in the First Degree (five counts), Sodomy in the First Degree (four counts), Robbery in the Third Degree, and Assault in the Second Degree. He was sentenced to an aggregate indeterminate term of incarceration amounting…
In the case at bar, the criminal court assumes the most stringent standard in People v Vilardi, that is, the “reasonable possibility” standard to apply. Defendant’s contention fails because of the lack of evidence that DM’s suspicion predated his decision to accuse defendant and to cooperate with the D.A.’s office.…