New York

Published on: September 27, 2012

Court Decides if Prior Convictions Can Be Used to Impeach Defendant

by Stephen Bilkis

This case is about an appellant who was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). A New York Criminal Lawyer said the appellant argued that the evidence presented by the prosecution was insufficient to support his conviction. Although the sufficiency of the proof presented a close question, after thorough review, the court held that the State did present a prima facie case and that a judgment of acquittal was not required.

The case however was reversed on the ground of evidentiary rulings as to prior convictions. The question concerns the impeachment of appellant under Section 90.610, Florida Statutes (1981), on the basis of two prior petit larceny convictions. The trial court ruled that these prior petit larceny convictions could be used for impeachment purposes and threatened to hold appellant in contempt if he took the stand and testified that he had not been convicted of a crime. Appellant did testify and on direct examination stated he had been convicted of a crime twice.

The old rules on Evidence provide that a witness was subject to being impeached with evidence of a prior conviction of any crime, excluding violations of a municipal ordinance. Jurisprudence prior to the amendment of the rules established that “a crime is a crime”. A New York Criminal Lawyer said the argument that discrediting crimes must involve moral turpitude was expressly rejected.

Published on: September 16, 2012

Defendant Questions Probable Cause in Arrest

by Stephen Bilkis

Two known low-level drug dealers who sold marijuana were found shot in the apartment they shared. The police were investigating the murders. The police then questioned their known associates. A New York Criminal Lawyer said one of the murder victims’ known associates the police talked to admitted that he was in the apartment on the day before the murders and saw a man from the Caribbean buy half a pound of marijuana from the victims.

The known associate also told the police that the man from the Caribbean agreed to buy at least thirty kilos of a new shipment of marijuana from the murder victims. They agreed to meet the next day so that the man from the Caribbean can finally buy the marijuana. The police detective showed the known associate of the murder victims and he identified a picture of the man from the Caribbean.

The police detectives went in search of the man from the Caribbean and found him in an apartment. When the police were near the apartment door, they could smell the odor of marijuana. So the police detectives pounded on the door of the apartment. The man from the Caribbean came to th door. A New York Criminal Lawyer said the police detectives could smell the marijuana odor emanating from the open doorway of the apartment. They then asked the man from the Caribbean to step out of the apartment. They frisked him and handcuffed him. The officers asked him if there were any other occupants or residents in the apartment and the man from the Caribbean said that his brothers and his girlfriend were in there.

Published on: September 16, 2012

Defendant Files Application for Resentencing

by Stephen Bilkis

A man was convicted of having committed the crime of criminal possession of a weapon in 1993 and he was sentenced to serve one year in jail. In 1995, the same man pleaded guilty to a charge of federal racketeering and conspiracy. He served a prison term of six years.

In September 2003, the man was arrested by police officers who had been tailing and conducting surveillance on him. A New York Drug Crime Lawyer said he was seen selling one bag of heroin to another man. When he was arrested, the police officers frisked him and found eighteen other bags of heroin in the pocket of his jacket. He was charged with criminal heroin possession in the third degree. He was convicted by a jury and sentenced to a maximum prison term of twenty years and a minimum prison term of ten years.

He appealed but his appeal was denied after two years. In the meantime, the man had finished serving six years of his minimum prison term of ten years. While he was serving his prison term, the legislature of New York passed the Drug Reform Law. A New York Criminal Lawyer his new law aimed to reduce the prison sentences of low-level drug offenders by allowing them to apply for resentencing. If approved, they will be resentenced to a lower sentence provided that when the convicted felon applies for resentencing, he is currently in the custody of the Department of Corrections as he is serving a prison sentence; he was convicted of a Class B felony which was committed before the law was made effective; and the man was not convicted of another crime within the last ten years.

Published on: September 15, 2012

Court Looks at Illegal Contraband Case

by Stephen Bilkis

In this case, two police officers were on routine motor patrol in Bronx County when they observed a car with its trunk lock “popped out.” They directed the driver of the car to stop. As the officers approached the car, a single passenger in the rear appeared to be fumbling with something. That passenger opened the rear door and attempted to flee. One of the officers grabbed him, and, after a struggle, succeeded in removing defendant’s hand from his left front outer jacket pocket. The officer recovered a brown paper bag which, upon later discovery, contained cocaine of an aggregate weight of 8 7/8 ounces. A New York Criminal Lawyer said the motion court concluded that the evidence, before the Grand Jury, of defendant’s knowledge of weight was legally insufficient to sustain the charge of criminal cocaine possession of a controlled substance in the first degree. It, therefore, reduced count one of the indictments from criminal possession of a controlled substance in the first degree to criminal possession of a controlled substance in the seventh degree. The Appellate Division affirmed.

The police stopped defendant for a traffic infraction while he was driving in Bronx County. A plastic bag containing 3 1/4 ounces and 3 grains of cocaine was recovered from the automobile. The motion court found no evidence of defendant’s knowledge of the weight was presented to the Grand Jury. It reduced count one of the indictments from cocaine possession of a controlled substance in the second degree to criminal possession of a controlled substance in the seventh degree. It also dismissed count two of the indictment which charged criminal possession of a controlled substance in the third degree. The Appellate Division modified in the case by reinstating count two, and otherwise affirmed.

A New York Criminal Lawyer said that, in a joint memorandum which determined both Sanchez and Garcia, the Appellate Division noted that the trial court properly concluded that the evidence before the Grand Jury was insufficient to establish that defendants possessed the requisite knowledge of the weight of the substance they possessed. Regarding the defendant, the Appellate Division determined that the trial court erred by dismissing count two of the indictment charging defendant with criminal possession of a controlled substance in the third degree. The Court reasoned that intent to sell may be established by proof that a defendant possessed a significant quantity of drugs. Thus, as to the present case, the Appellate Division reinstated count two of the indictment. A Judge of this Court granted the People leave to appeal in both cases, and, in the present case, granted defendant leave to cross-appeal.

Published on: September 15, 2012

Defendant Files Motion to Supress

by Stephen Bilkis

The defendant in this case was charged with Rape in the first degree. He filed a motion to suppress any line-up or photograph identification. He argued that the result of a line-up conducted by the Suffolk County Police Department violated his rights under the Fourth, and Fourteenth Amendments of the United States Constitution, and his privilege against self-incrimination and his right to counsel as guaranteed by the Fifth, Sixth and Fourteenth Amendments of the United States Constitution.

A New York Criminal Lawyer said the Prosecution opposed defendant’s motion, stating that ” . . . defendant has failed to make any factual allegations which are required pursuant to § 710.60 subd. (1) of the CPL . . . ” and therefore, “defendant’s motion . . . should be denied as a matter of law pursuant to § 710.60(3)(b) of the CPL.” However, in the alternative, the Prosecution asserted that defendant’s constitutional rights were not violated.

In support of his motion, Defendant presented an affirmation made by his attorney upon information and belief, the source of his information and the grounds for his belief being the defendant. The affirmation states that the lineup conducted by the Suffolk County Police Department ” . . . was conducted without defendant’s consent or waiver of the presence of counsel . . . ” and that defendant was ” . . . physically forced to participate in a line-up without the benefit of his Miranda warnings or presence of counsel known to the members of the Sixth Precinct to be at that time, representing defendant.”

Published on: September 15, 2012

Defendant Had Eviction Notice Filed Against her for Drug Activity

by Stephen Bilkis

On August 2006, a detective recovered a loaded handgun and approximately 300 small glassine and zip lock bags which were later tested and found to contain a total of 1/8 oz + 0.2 grains of heroin and 1/8 oz + 4.5 grains of cocaine from a woman’s bedroom. An individual who does not live in the apartment and who was not named as an opponent was arrested at the scene. The woman was later arrested at the apartment when she arrived home from work.

a New York Criminal Lawyer said the woman testified that she was a working single mother of two children, who were 10 and 12 years old at the time. During the summer, her sister generally watched her children when she went to work. When her sister was unavailable to see her children, the woman had to ask her neighbors to watch her children during working hours. The man was one of the neighbors who lived with his mother in the same building.

The woman testified that the man did not live in her apartment, that he did not have keys to her apartment and that he watched her children approximately six or seven times during that summer.

Published on: September 14, 2012

Defendant Contends his Right to Counsel was Violated

by Stephen Bilkis

In January 1971 a liquor store was robbed by four armed men. While they were robbing the liquor store, the owner of the liquor store was shot and he died. The police who investigated the liquor store robbery arrested three of the four armed men. A New York Criminal Lawyer said the police officer charged them with murder, attempted robbery and criminal possession of a weapon. The fourth man was not found by the police. A warrant for his arrest was outstanding.

Six months after the liquor store robbery, the fourth armed man in the robbery was scheduled to be arraigned on a charge of criminal cocaine possession. As he was waiting for his scheduled arraignment and he was in the holding cell, a police officer who was investigating the liquor store robbery and murder was given an anonymous tip that the fourth gunman was the same as the accused who was scheduled to be arraigned for the criminal cocaine possession.

The police officer went to the holding pen and asked the accused in the criminal cocaine possession charge what his real name was. The accused gave his real name which was the same name given up by the three armed men who were arrested for the liquor store robbery and murder. A New York Drug Crime Lawyer said the police officer then asked the accused if he knew anything about the liquor store robbery. The accused told the police that he did not know anything about that and that it was another person who was involved in the robbery.

Published on: September 14, 2012

Court Decides Whether to Disbar a Lawyer

by Stephen Bilkis

In October 1993, a lawyer, a member of the New York Bar was arrested at 9pm on a street corner in the Bronx. He was arrested and charged with criminal crack cocaine possession.

In June 1998, the same lawyer was apprehended by police officers at a street corner after he purchased crack cocaine. A New York Criminal Lawyer said he was charged with criminal crack cocaine possession. He was later sentenced to three years’ probation. Also in June 1998, the lawyer was arrested and charged with obstructing governmental administration. He was sentenced to three years’ probation as well. At that time, the lawyer offered a New York police officer a sum of money in exchange for the dropping of the drug crime charged against him.

He was also charged under the Code of Professional Responsibility, a law that regulates the conduct of members of the Bar. He was charged with engaging in conduct detrimental to the administration of justice. He was also charged with engaging in conduct adversely reflecting on his fitness to practice law. Aside from his criminal conviction, being a member of the Bar, he also faced other civil consequences of his arrest and conviction by way of an administrative hearing to determine his fitness to continued membership in the New York Bar.

Published on: September 14, 2012

Court Hears Motion to Amend Grand Jury Instruction

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case against the defendant Luis Pantojas. This case is being heard in the Supreme Court of the State of New York in Bronx County, Part C. The People have moved for an order to amend the direction of a duly empanelled Grand Jury from Bronx County to include the phrase “acting in concert with others” in the proof that was submitted in the case.

Case Background

A New York Sex Crime Lawyer said on the 19th of February, 1986, the Grand Jury heard evidence against the defendant, Luis Pantojas in regard to crimes that allegedly occurred on the 11th of February, 1986. The incident included the defendant, two other males that were not found and a fourteen year old girl complainant. The complainant accused the defendant of accessorial sodomy and accessorial rape.

Published on: September 12, 2012

Defendant Brings Motion to Surppress Motion for Incriminating Statements

by Stephen Bilkis

Defendant was indicted for second degree murder, second degree assault, and second degree weapon possession in connection with a shooting in Brooklyn. One man was shot to death and another was wounded. Thereafter, the Defendant was arrested for a drug crime in Manhattan where he was represented by counsel for the drug charge.

A New York Criminal Lawyer said the Detective from Brooklyn traveled to Manhattan to “pick up” Defendant and bring him to the precinct in Brooklyn for a lineup. Before these lineups, at about 9:00 P.M., Miranda warnings were issued to defendant, who claimed that he knew nothing about the shooting; after the lineups, the Brooklyn Detective advised defendant that he was “charged with homicide.”

Thereafter, they escorted defendant back to Manhattan for his arraignment for the drug crime. After defendant was arraigned and released on his own recognizance, the Brooklyn Detective arrested him for homicide to be brought back later on to the Brooklyn Precinct. The Detectives then took Defendant back to where he had been sitting in the courtroom because “the attorney . . . wanted to speak to him.” They also testified that he overheard the counsel tell defendant that he was “not going across the bridge into Brooklyn to represent him,” and that he didn’t “represent him in the other case. He represents him in the drug case. He’ll have an attorney for his new case in Brooklyn. He also said, I advise you not to speak to the police because I can’t tell you that you cannot speak to the police but I’m advising you not to.”