On 13 February 2008, the criminal defendant was convicted of grand larceny in the fourth degree, upon a jury verdict. The defendant appealed. The appeal brought up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress the identification testimony. On…
New York Criminal Lawyer Blog
The legislature accordingly considered that a minimum of 16 members of the grand jury would preside
A grand jury heard evidence concerning an incident occurred. After the deliberation, they voted an indictment charging a man with the crime of criminal possession of stolen property in the second degree. Subsequently, the district attorney re-opened the criminal proceeding. The attorney asked the jury to consider the charges of…
Offense dictates the sentencing
The criminal defendant appealed from his convictions of first-degree murder and second-degree criminal possession of a weapon. According to the defendant, the court erred in imposing upon him consecutive sentences because he acted with singular intent during one criminal transaction. However, recent Court of Appeals decisions reiterate that the test…
Juvenile offenders not charged as adults
A criminal proceeding was scheduled for trial charging a lawyer with the crime of criminal solicitation in the fourth degree and attempted tampering with a witness in the third degree. The allegation asserts that the attorney and his client attempted to prevent the witness from testifying against the offender by…
3 to 6 years was the sentence
A woman worked as office manager for a period of thirteen months. Over that period, she stole several checks to her employer, endorsing and depositing them in her own bank account. The stolen checks were totaled in excess of $3,000. She was consequently arrested and eventually pleaded guilty to the…
Limited waiver of immunity is invoked
Defendant was charged, in a felony complaint, inter alia, with Robbery in the first Degree and Criminal Possession of a Weapon in the Second Degree. Thereafter, upon learning that the People were about to present evidence to a grand jury, defendant gave notice of his intent to appear and testify…
Possession of heroin and selling it.
The criminal Defendant had prior dealings with a group known to be engaged in drug trafficking, specifically, heroin trafficking, and specifically raised money to purchase from an undercover agent in Boston the four kilograms of heroin at issue, which they planned to resell in New York. Defendant, who held a…
Grand Jury report was sealed
On January 27, 1982, the County Court impaneled Grand Jury Panel 3 for the Second Term of 1982. It was created to investigate allegations concerning corrupt acts and criminal conduct involving governmental operations, public officials, and government employees and their associates. The Panel was discharged on October 29, 1983. After…
Woman wrongfully arrested
The complainant woman seeks damages for injuries she sustained as a result of her alleged wrongful arrest by court officers employed by the State Office of Court Administration. The trial of the claim was bifurcated and the decision addresses solely the issue of liability. The complainant woman is an attorney…
Constitutional rights are waived
On 20 December 1994, a certain person was shot in his apartment on Parkside Avenue, Brooklyn. On 27 December 1994, criminal defendant got arrested and charged with possession of a weapon. During his interview, the arresting officers suspected that he was involved in the 20 December 1994 shooting. Thus, the…