On October 16, 2004, in the Town of Ashford, defendant was arrested for DWI and Failure to Keep Right. When a DMV check showed a previous conviction, a felony complaint was filed charging the DWI as a felony. Defendant was arraigned and the case was adjourned to November 18, 2004…
New York Criminal Lawyer Blog
Plaintiff Moves for Summary Judgment in DWI Case
The Plaintiff moves pursuant to CPLR §3212 for an order granting summary judgment as to the issue of the liability on behalf of the Defendant, The Dizzy Lizard, Inc., and directing an assessment of damages to be determined by a jury. A New York DWI Lawyer said in this criminal…
Defendant Charged with Heroin Possession
The Facts of the Case: A New York Drug Crime Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this…
Court Looks at Elements of Burglary vs. Petit Larceny
A man entered a home in Dade County, Florida. He did this in the middle of the night without the knowledge and consent of the two people who lived in the premises, a brother and a sister. The man ransacked the house and took away with him a color television…
Court Distinguishes between Attempted Grand Larceny and Grand Larceny
A man broke into and entered a dwelling house. Once inside, he committed grand larceny by taking away from the premises properties belonging to the owner of the dwelling house which amounted to more than one hundred dollars. The prosecutor was charged under an information with two crimes: the breaking…
Court Discusses Elements of Grand Larceny
A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. A New York Criminal Lawyer said the resident of the apartment left the apartment door open and left the man at the door…
Defendant Claims Rights to Due Process Violated in DWI case
The defendant was indicted for operating a motor vehicle while under the influence of alcohol, in violation of Vehicle and Traffic Law § 1192 (2) and (3), and vehicular assault in the second degree, in violation of Penal Law § 120.03 (1). A New York Criminal Lawyer said that, in…
Court Looks at Intent in Breaking and Entering Case
The Facts of the Case: A New York Drug Crime Lawyer said the appellant was charged with the criminal act of breaking and entering with intent to commit a misdemeanor, viz.: petit larceny. The information charged three elements: unlawful breaking, unlawful entry and the intent to commit petit larceny. The…
Appellants Claim Jury Instruction Harmed Their Case
The Facts of the Case: A New York Criminal Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request…
Defendant Moves to Supress Evidence in Vehicular Manslaughter Case
The Facts of the Case: On around 18 to 19 of October 2007, at around midnight, the defendant went to a nightclub with his girlfriend “A”, a friend of his girlfriend “B”, and another individual “C”. A New York Criminal Lawyer said after drinking alcohol at the nightclub, the defendant…