At some point in September, a police officer had an argument with a man with regards to the servicing of the officer’s beeper. The two had a verbal argument inside the man’s store and the man told the officer to leave. According to the man, he did not strike or…
New York Criminal Lawyer Blog
The Court of Appeals has established that common and routine police inquiry remain simple requests for information
This is a proceeding wherein the defendant is charged with Criminal Trespass in the Third Degree (Penal Law § 140.10(e)) and Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03). Defendant moves to suppress drugs found during the arrest and to suppress statements made to…
The Court ruled that deportation is not a direct consequence of conviction,4
In November 2004, the defendant was arrested for stealing a 2004 Lexus automobile, valued at more than $50,000, and was subsequently charged with grand larceny in the second degree, a class C felony, and eleven other offenses. Thereafter, the defendant plead guilty to criminal possession of stolen property in the…
The issue in this case is whether defendant’s motion to vacate the judgment of conviction should be granted
This is an application by the defendant in the nature of a writ of error, coramnobis, to vacate and set aside a judgment of conviction, dated December 18, 1933, convicting him, upon his own plea of guilty of robbery in the first degree, and sentencing him to Prison, for a…
Reversals are ordered
A man filed an appeal from a judgment convicting him of insurance fraud in the first degree, grand larceny in the third degree, offering a false instrument for filing in the first degree, bribing a witness, criminal solicitation in the fourth degree, conspiracy in the fifth degree and a violation…
Neither the People, nor the Defense, offer any statement from this attorney.
In June 2000, Defendant was charged with Criminal Possession of Marijuana in the Fourth Degree (PL Sec. 221.10), a Class B misdemeanor, and a related charge. The next day, Defendant entered a plea of guilty to the above-stated charge and received a sentence of one year of probation. A surcharge…
Under the People’s overbroad construction, these Penal Law sections would apply to every loan
In this criminal case, defendants have been indicted on charges growing out of an alleged scheme to steal from charities serving Brooklyn and from the City of New York. The charges include conspiracy, grand larceny by false pretenses, grand larceny by misappropriation, offering a false instrument for filing, falsifying business…
Murder charge is reversed
A woman is charged with two counts of petit larceny but she seeks to dismiss the complaint. She asserts that the complaint is facially deficient. But, the complainant filed a response asserting that the charges are sufficiently supported. The complainant asserts, and the woman does not deny, that the woman…
The Court thus conclude that the counts of the indictment alleging assault in the second degree and menacing in the second degree are not duplicitous, and should be reinstated.
One evening, the complainant was working in a grocery store when he became involved in a dispute with his employer, one of the respondents, over the payment of back wages. After all of the customers had left the store, manager instructed another employee, to lock the door. Respondents then allegedly…
The evidence presented to the grand jury was sufficient to support the charges
The defendant is a New York State Assemblyman and the chairman of the Executive Committee of the County Democratic Party (CDC). According to the evidence before the grand jury, as an Assemblyman he routinely traveled from Brooklyn to Albany and back on New York State Assembly business. At the same…