The complainant and the criminal defendant dated periodically for a period of time encompassing the past 13 years. The instant charge stems from August 25, 2003, when the defendant is alleged to have picked up the complainant, thrown her over a couch, pushed her to the ground, and stomped on…
New York Criminal Lawyer Blog
Collateral estoppel means simply that
Petitioners seek to prohibit the District Attorney of Kings County and certain Justices of the Supreme Court from prosecuting them under two indictments pending in said county. The Appellate Division has dismissed the proceeding. A Kings County Criminal attorney said that under Queens County indictment, petitioners were indicted for various…
Two counts of grand larceny are dismissed
Defendant was indicted for the crimes of robbery in the second degree, grand larceny in the second degree, grand larceny in the third degree and burglary in the third degree. In substance it was alleged that he and a male confederate (not apprehended) accosted the complaining witness on a Brooklyn…
The Court is comfortable that the record presented supports the finding
In this case, the petitioner (hereafter “the landlord”) is the owner of the residential real property premises. The landlord owns nineteen separate residential rental houses and now operates twelve rental units as boarding houses for United States Veterans. In these houses each tenant leases a single bedroom and shares common…
The defendant contends ‘there was a 14-month delay
In November 1963, the defendant having theretofore pleaded guilty to the crime of attempted robbery in the third degree, unarmed, was sentenced to State Prison for a term of not less than 2 1/2 to 5 years. The defendant filed a notice of appeal from the judgment of conviction. Thereafter,…
The complainant however indirectly asserts that the sufficiency of the accusatory instrument is at issue
The complainant commenced an action by filing information that accuses a man of sexual abuse in the second degree. The complainant and a detective, attests that the man did enter the bedroom of the mentally retarded 16 year old female and did expose his erect penis. The man did allegedly…
Current sentence must be vacated
A man pleaded guilty to criminal possession of a weapon in the third degree and was sentenced to six months imprisonment concurrent with five years probation. After three years, the man was arrested for robbery in the first degree and other charges. After a year, he pleaded of guilty to…
Accordingly, the court held that the judgment is modified
A Suffolk Criminal Lawyer said that, appeal by the defendant from a judgment of the County Court, Suffolk County, rendered October 21, 1987, convicting him of criminal sale of a controlled substance in the first degree (two counts) and criminal possession of a controlled substance in the second degree (two…
In rem forfeitures such as these continue to exist on the federal and state levels
In this criminal case, petitioner filed a motion seeking an order granting a preliminary injunction pursuant to CPLR 1333, enjoining the defendant from directly or indirectly effecting or furthering the sale, gift, transfer, pledge or mortgage of money not to exceed $10,000 held by European American Bank and Nassau County…
Defendant cooperates to his benefit
This is a criminal action wherein, defendant appeals from a judgment of the Supreme Court, Suffolk County, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. A Suffolk County Drug Possession attorney said that the defendant was charged…