A man was charged in a felony complaint with grand larceny in the fourth degree and related charges stemming from an incident occurred. The complaint was filed in the criminal court and the man was subsequently arraigned. He was then released on his own recognizance at arraignment and the man’s…
New York Criminal Lawyer Blog
The Court has inadvertently abrogated to the parties a function that is exclusively within the province of the Court.
In this Sex abuse case, Defendant pled guilty before the Court in violating Penal Law Section 130.60, Sexual Abuse in the Second Degree, a class “A” misdemeanor, with a promised sentence of one-year incarceration. A Nassau County Criminal lawyer said that the case was adjourned for a sex offender risk…
The People offered the testimony two witnesses; two Police Officers
A Kings Marijuana Possession Lawyer said that, defendant is charged with Attempted Criminal Possession of a Controlled Substance in the Seventh Degree (PL Sec. 110/220.03), and Criminal Possession of Marijuana in the Fifth Degree, both Class B Misdemeanors, as well as Unlawful Possession of Marijuana (PL Sec. 221.05), a violation.of…
Due process mandates that the State must bear the burden of proof
Sometime in August 1998, the defendant was released from state prison after serving a three year sentence following his conviction on October 25, 1995 to sexual abuse in the first degree. The defendant, who was a Cadet Leader of an eight year old boy, pled guilty to fondling the boy’s…
The People consented to an adjournment not assuming prosecution of the matter i
On 8 February 1991, an altercation occurred between the defendant and her landlord at the latter’s house where both parties lived. On that date, defendant’s landlord was under arrest by the police and charged in a felony complaint with assaulting the defendant. At her arraignment, defendant’s landlord was assigned Legal…
The court concludes that it is without authority to impose any sentence
A man stands convicted from criminal possession of a controlled substance in the first degree, a class A-I felony. In that, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug, namely, cocaine, and said preparations, compounds, mixtures or substances were of an…
The error was compounded when the prosecutor was permitted to argue on summation that the jury
The defendant contested that the admission of evidence of his prior drug activity was error. The defendant was arrested after he allegedly sold two packets of heroin to an undercover police officer in August 1990. Upon his arrest, 10 additional packets of heroin were found on his person. The prosecution…
Respondent was advised that the court would make a final determination
In June 1998, respondent pleaded guilty in the Southern District of New York to an information charging one count of computer transmission of material involving sexual exploitation of minors. That charge arose from allegations that respondent had transmitted via the Internet three photographs of juveniles engaged in sex abuse explicit…
Both defendants moved to exclude any evidence of prior convictions of the defendants
In a criminal case, the chief point urged on appeal by defendant is that the court had previously accepted a plea of guilty to the lesser crime of attempted criminal possession of a dangerous drug in the fourth degree, a Class E felony, to cover the entire indictment; that thereafter,…
There is an element of fortuitousness here
This is a motion by the complainants to reargue a prior decision of the County Court suppressing evidence. The complainants contend that the Court of Appeals compels the conclusion that, contrary to the prior holding of the County Court, none of the three named defendants had standing to contest the…