A Queens Criminal Lawyer said that, defendant has applied for an order granting him ‘permission to inspect the minutes of the Grand Jury, or, in the alternative dismissing’ a three-count indictment accusing him, and a co-defendant, of (1) Assault, 2d Degree, committed July 17, 1965, ‘by willfully and wrongfully using…
Because of a presumably unintentional omission by our legislature it now appears possible for a person with a less than 5 years old class B misdemeanor conviction who is convicted by a jury of certain class A misdemeanors in the New York City Criminal Court to receive a maximum sentence…
On 22 September 1978, the fifteen year old defendant was arrested and charged with Robbery, Second Degree, P. L. Sec. 160.10, an act for which a fifteen year old may be held criminally responsible. P.L. Secs. 10, 30, as amended Ch. 481, L.1978 pursuant to P.L. Secs. 10, 30, as…
A Kings Criminal Lawyer said that, the defendant, charged with Attempted Assault in the Third Degree (PL §110/120.00[1]), moves to dismiss the superseding information pursuant to CPL 170.35(1)(a) for facial insufficiency. The People oppose. The accusatory portion of the superseding information alleges that, the Police Officer says that on or…
A Nassau Criminal Lawyer said that, during the summer of 1984 a young woman, 19 years of age, was subjected to an evening of sodomy and attempted rape by an individual whom she knew from the neighborhood, and whom she later, although not immediately, identified as the defendant. At trial,…
This is a juvenile delinquency proceeding pursuant to Family Court Act article 3 wherein the appeal is from an order of disposition of the Family Court, Queens County dated 6 October 1999, which, upon a fact-finding order of the same court dated 8 September 1999, made after a hearing, finding…
A Bronx Criminal Lawyer said that, in a motion dated July 30, 1980, which was subsequently joined by defendants’ moves for various reliefs including dismissal of the indictment and suppression of various evidences. The only applications contained in this motion which survive defendants’ recent pleas of guilty are the motions…
This is an action for false imprisonment, malicious prosecution and civil rights violations which stems from plaintiff’s arrest in the Village of Lake Placid, Essex County, on 2 November 1995 for rape and sodomy in the first degree. The criminal complainant was a woman that plaintiff had met at a…
This is a proceeding wherein the defendant, AS, seeks to vacate the second felony offender adjudication and the accompanying sentence, both from 12 October 2005 pursuant to C.P.L. 440.20 of this court dated 19 May 2010. The court denied defendant’s motion. The defense has filed a motion to re-argue and…
In Supreme Court, Bronx County, the defendant pleaded guilty to robbery in the second degree. Such plea covered the entire indictments. In support, defendant submits that the allocution was factually insufficient because it did not contain a statement of affirmation by the defendant that “force”, an essential element of the…