In this Child Neglect proceeding under Article 10 of the Family Court Act (“FCA”), Petitioner Department of Social Services brought a Petition in December 2010 charging that the Respondent had failed to properly care for or supervise his four year old son. The subject child was placed with Respondent pursuant…
New York Criminal Lawyer Blog
On appeal, the Appellate Division, Second Department, reversed defendant’s conviction
Defendant agreed to assist a confidential informant in obtaining a substantial quantity of peyote, a controlled substance. The confidential informant telephoned defendant and arranged the sale which formed the basis of the instant criminal charges. Thereafter, the informant and an undercover police officer drove to defendant’s home in Nassau County,…
The United States Court of Appeals for the Ninth Circuit reversed and remanded
Sometime in 1970, Congress enacted the Securities Investor Protection Act (SIPA), as amended, which authorized the formation of respondent corporation, a private nonprofit corporation, of which most broker-dealers registered under § 15(b) of the Securities Exchange Act of 1934, § 78o(b), are required to be members. Whenever respondent determines that…
Serrano-type guilty plea
The defendant father was indicted in 1994 in a twenty-eight count indictment charging that he engaged in sexual relations with his 15 year old daughter, during a three month period. He entered into a negotiated Alford-Serrano plea to one count of rape in the third degree with the assistant district…
Defendant offered no explanation for the delay.
Defendant was charged with felony drunk driving. Defendant then moved to vacate his 2003 misdemeanor conviction of Operating a Motor Vehicle under the Influence of Alcohol which was entered via a plea of guilty. According to the defendant, in an affidavit, he was not aware when he pled guilty in…
The issue to be resolved in this case is whether the Court has jurisdiction over the case.
A company provides services as a third party benefits administrator of health benefit plans. The petitioner is the former principal owner and Chief Executive Officer of this company. In July 1995, Respondents purchased said benefit plans company from Petitioner. To ensure an orderly transition, the parties agreed that petitioner was…
The defendant was originally apprehended in New Jersey
On 1 December 1983, the County Court of Suffolk County rendered judgment convicting a certain defendant of attempted rape in the first degree and attempted rape in the second degree, after a nonjury trial. Criminal sex crimes. On appeal, the Appellate Court affirmed the County Court’s decision. Here, the proof…
FBI uses email as evidence
The court denies the motion by the plaintiff K, pro se, for an order, inter alia, pursuant to CPLR 3120, directing the defendant, H, an Illinois Corporation, to comply with his Notice to Produce all documents, records and any other information in the possession of said defendant, relating to the…
This appeal is dismissed without prejudice
The defendant, charged with two misdemeanor violations of the Vehicle and Traffic Law, appeals from an order of the Nassau County District Court, sitting as a Court of Special Sessions, which denied his application for youthful offender treatment. When the application was made to the District Court, the Presiding Judge…
AF’s son, JF, had been sexually abusing the young boys
Defendant appeals from the judgment rendered on 3 May 1989 of the County Court, Nassau County convicting him of sodomy in the first degree and use of a child in a sex performance, upon his plea of guilty and sentencing him to four concurrent indeterminate terms of 2 years imprisonment.…