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,…
New York Criminal Lawyer Blog
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…
The Attorney General then must decide
Complainant is a heart transplant nurse at a certain hospital who sued eight defendants for having allegedly violated the False Claims Act (“FCA”) by defrauding and conspiring to defraud the United States Treasury. She brought her suit under the qui tam provisions of the FCA which allow individual citizens to…
On appeal, it was found that the Superior Court information was properly dismissed
Sometime in January 2005, the defendant allegedly engaged in a sexually explicit textual internet communications with an undercover police officer posing as a 14-year-old girl. In June 2006, the defendant purportedly waived indictment and entered a plea of guilty to the sex crime of attempted rape in the third degree…
The Sixth Amendment to the United States Constitution
A Nassau Criminal Lawyer said that, this case is a criminal proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Presiding Justice, the Clerk, and the Deputy Clerks of the Supreme Court, Appellate Division, Second Judicial Department, to accept for filing an application for leave…
Parole is available after two years
This proceeding originated from an appeal filed by a man. A man, who is an inmate at one of the correctional facility, is challenging an officer’s failure to enroll him in the treatment program despite the alleged order of the man’s sentencing court. The man was sentenced as a second…