Defendants are charged with acting in concert to commit the sex crime of Prostitution. Co-Defendant was originally charged with Promoting Prostitution in the third degree (P.L. 230.25[1] ) and Possession of a Gambling Device . The promoting prostitution charge was reduced to Promoting Prostitution in the fourth degree A Nassau…
New York Criminal Lawyer Blog
The court dismisses the indictment with much regret
The criminal defendants and complainants own a four- floor residential real property located at 1458 51st Street in Kings County. The defendants own a two-thirds share of the property and the complainants own a one-third share. The separate deeds that conveyed the property, however, do not specify ownership in any…
It is clear that an overt act in furtherance of the conspiracy took place in New York.
A working student called someone in Florida with the hope of using $50,000 in his possession to become involved in the sale of a drug. Even if the negotiations were carried on through at least two telephone conversations and the student’s two trips to Florida in order to meet the…
The Court found no error in the charge
In a Drug Crime, defendant appealed from a judgment of the Supreme Court, Kings County, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. A Kings County Criminal attorney said that the defendant contends that the People failed to…
The harmful value of the said evidence outweighed its probative value
One day, a man reached into a brown paper bag, removed a vial of crack cocaine and handed it to an undercover police officer. A few minutes later, the man was arrested and the bag was seized. Based on records, the man’s action was clearly a criminal sale. So, the…
No damages were stipulated and the claimant offered no proof
A claim was filed by claimant against the State of New York to recover the sum of $25,000 damages alleged to have been sustained by reason of his false arrest and detention by officers of the Division of State Police of the State of New York. The claimant substantially alleges…
Appellate courts are also entrusted with the responsibility to oversee the plea bargaining process
The defendant appeals from a judgment of the Supreme Court, Kings County, rendered 5 May 2008, convicting him of rape in the first degree, upon his plea of guilty and imposing sentence. The sex appeal brings up for review the denial, after a hearing, of suppression of identification testimony. The…
The ground or issue raised upon the motion was previously determined on the merits
In this Criminal case, a Pro Se motion was filed by defendant, an inmate at the Correctional Facility, moves pursuant to CPL § 440.10(h) to vacate his judgment of conviction, following a jury trial, convicting him of Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession…
he officers also recovered from the man a $20 bill of prerecorded money
A man made an appeal from a judgment convicting him of murder in the second degree and criminal possession of a controlled substance in the fourth degree. The court found that it was legally sufficient to establish the man’s guilt of murder in the second degree. Moreover, the court is…
The court finds that the alleged conduct is sufficient to substantiate the charges of petit larceny
Defendant was arrested in January 2002 and charged with four counts of petit larceny. On said date, defendant was arraigned and pleaded not guilty. After a discussion with counsel, the court granted defendant leave to serve an omnibus motion. According to a Bronx County Criminal lawyer, in his omnibus motion,…