The rules of evidence in regards to admissibility of evidence are important to be successful in a trial. The jury should not be exposed to prejudicial material which may put the defendant in a precarious position to ensure that the trial is fair. In the People v Asmar the prosecution…
The defendant moves by way of coramnobis to vacate and set aside a judgment dated February 3rd, 1958, convicting him, on his own plea of guilty, of the crime of grand larceny in the second degree, and sentencing him to a term of not less than one and not more…
This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered April 9, 1985, convicting him of robbery in the third degree, grand larceny in the third degree, reckless endangerment in the first degree, and criminal possession of a weapon in the third degree,…
An appeal was made by an accused man from a judgment of the Kings County Supreme Court convicting him of 4 counts of robbery in the first degree, 2 counts of robbery in the second degree and 4 counts of grand larceny in the third degree upon a jury verdict…
An appeal was made by the accused man as limited by his motion, from four sentences of the County Supreme Court upon his convictions of four counts of grand larceny in the second degree, upon his pleas of guilty, the sentences being concurrent indeterminate prison terms of two to six…
There is a well-known rule in the area of criminal law that every count in an indictment should contain one offence. This rule is to ensure that an accused has a fair trial because he/she ought to know with certainty what the charge is. The accused person should be able…
The police executed a search warrant on 15 October 2008 at approximately 6:15 p.m. In the second floor apartment of 367 East 46th Street in Kings County, the defendant’s admitted residence, he was observed alone in a bedroom from which the police recovered, inter alia, approximately 3½ ounces of a…
The indictment contains 12 counts pertaining to two transactions (the sale of two stolen automobiles from the premises of the defendant man’s gas station). The jury found the defendant guilty of two counts of grand larceny in the first degree, of two counts of criminal buying and receiving stolen property…
In one case, a criminal defendant filed an Appeal from a judgment of the Supreme Court, Kings County, convicting him of robbery in the first degree, grand larceny in the second degree, and grand larceny in the third degree, upon a jury verdict, and imposing sentence. The court Ordered that…
The complainant appeals from an order of the County Supreme Court granting the accused man’s motion to dismiss the indictment because of the prosecutor’s alleged failure in his opening statement to the jury to state a legitimate case. The appeal is dismissed. The accused was charged in the indictment with…