New York

Published on: December 5, 2012

Court Looks at Intent to Commit Petit Larceny

by Stephen Bilkis

A man went to a house in a residential neighborhood. It was eleven thirty in the evening and all the three residents of the house were fast asleep. The man went up the roof and was preparing to enter the house through a bedroom with an open screened window.

A New York Criminal Lawyer said tne resident of the house was fast asleep in the bedroom as the man was trying to enter through the screen window. The noise made by the man outside the window woke the resident of the house. He had a .25 caliber hand gun in a drawer in his bedside table. He cried aloud and said “Who’s there?” When the man crouched down in an attempt to hide, the occupant fired a warning shot.

Another occupant called an emergency hotline and the man was unable to get down from the roof until the police got there. The man was charged with attempted breaking entering with intent to commit grand larceny. It was alleged that the three occupants in the house had cell phones, laptop computers and other valuables inside the house which could have been what the prowler intended to take.

Published on: December 4, 2012

Defendant Contests Risk Assessment Designation

by Stephen Bilkis

Defendant W. was arrested for acting in concert with J.S. in allegedly committing the crimes of Kidnapping in the First Degree (Penal Law § 135.25 [1]), Rape in the First Degree (Penal Law § 130.35 [1]), Sodomy in the First Degree (Penal Law § 130.50 [1]), and Unlawful Imprisonment in the First Degree (Penal Law § 135.10), against one Sabrina on May 3, 2000, in the vicinity of East 233rd Street and White Plains Road in Bronx County. Defendant and co-defendant J.S. were subsequently indicted for all of the above charges. In the felony complaint, it was alleged that Defendant and J.S. detained S. in a car and refused to let her leave when she requested to do so. Further, when she attempted to get out, she was pulled back inside and her mouth covered when she tried to scream for help. Defendant and J.S. then held S. down while Defendant inserted his penis into her vagina and J.S. inserted his penis into her mouth, both without her consent. At the time of his arrest, when told that he was being charged with rape, Defendant responded, “I kind of had that feeling.” He was subsequently identified by both Sabrina and an eyewitness in separate corporeal lineups.

A New York Criminal Lawyer said that, in the course of the Grand Jury presentation, it was established that S. was with her friend R. R. knew Defendant and talked to him while S. was standing close by. S. and R. got into the back seat of the vehicle. When R. got out purchasing some cigarettes or marijuana, Defendant drove off with S. S. called to R. for help. However, S. pulled her back into the car. Defendant proceeded to drive to a parking lot. He then got into the back seat, grabbed S’s thigh and demanded that she place his penis into her mouth. Thereafter, Defendant removed S’s pants, held her hands down, and engaged in sexual intercourse with her against her will. L.S. then inserted his penis into S’s mouth and masturbated into her mouth while Defendant held her hands down as she was repeatedly shouting, “No.” L.S. then struck S. in the mouth. Afterwards, Sabrina was driven to within one block of her home and forcibly thrown out of the car.

A Brooklyn Criminal Lawyer said DNA tests performed on the victim and Defendant revealed that his semen and that of another male were found on a vaginal swab of the victim as well as on her panties.

Published on: December 3, 2012

Court Discusses Lesser Included Offenses

by Stephen Bilkis

A man was charged with breaking and entering with intent to commit a felony. He was convicted of the lesser included offense of breaking and entering or entering without breaking with intent to commit a misdemeanor. He appeals the judgment and sentence.

A New York Criminal Lawyer said the man recognizes that the court, when confronted with such a verdict and judgment, remanded the case to the trial court with instructions to enter judgment and sentence on the lesser of the included offenses referred to in the verdict. He requests that the Court reconsider such previous ruling. It has subsequently developed, however, that the District Court of Appeal has overruled and receded. Upon consideration of the opinion, the Court agrees with the general reasoning but go a step further. The Court of Appeal construes the crime of breaking and entering or entering without breaking as a single crime rather than two different crimes.

The information charged three elements including unlawful breaking, unlawful entry and the intent to commit petit larceny. The jury found the man guilty of two of the three elements set forth in the accusatory pleading by finding that he had made an unlawful entry with intent to commit petit larceny. These two elements constitute a crime just as surely as did the three elements charged. By all standards entering without breaking seems to meet the definition of a category necessarily included offense to breaking and entering.

Published on: December 2, 2012

Defendant Contends Court Lacks Jurisdiction

by Stephen Bilkis

In this criminal case, appellant was informed against in the Criminal Court of Record of West Palm Beach County for grand larceny. A New York Criminal Lawyer said that, he was arraigned on the information and entered a plea of not guilty. At the beginning of the trial, which was held before the trial judge without a jury, the county solicitor made the announcement in open court and said that: ‘In this case, the State is going to attempt to prove petit larceny and not grand larceny.’ A West Palm Beach Petit Larceny Lawyer said that, after this announcement the county solicitor submitted evidence to prove that the charge contained in the information constituted petit larceny; and the trial court found the defendant to be guilty of petit larceny. Thereafter, a judgment of conviction was rendered and the defendant, as a result, appealed to this Court.

A Nassau County Criminal Lawyer said that, the Attorney General has moved to dismiss the appeal on the ground that the court is without jurisdiction to entertain an appeal for a misdemeanor conviction. A West Palm Beach Grand Larceny Lawyer said that, the defendant contends that inasmuch as the information upon which the defendant was arraigned charged a felony this Court has jurisdiction of the appeal.

The issue in this case is whether the appeal of the appellant should be dismissed on the ground that the court is without jurisdiction to entertain an appeal for a misdemeanor conviction.

Published on: December 1, 2012

Court Discusses Mental Hygiene Law

by Stephen Bilkis

The state of New York is the petitioner in this case. E. T. is the respondent. The case is being heard in the Supreme Court of Bronx County. The New York State Attorney General filed a petition stating that the respondent, E. T. is a detained sex offender who requires civil management according to the Mental Hygiene Law, article 10.

Case Background

A New York Criminal Lawyer said the respondent pleaded guilty to sexual abuse in the first degree on the 31st of January, 2001. He was sentenced on the 2nd of March, 2001 to a term of five years incarceration in a state prison. His sentence included five years of probation after his release from prison.

Published on: November 29, 2012

Court Decides if it Erred on Classifying Accused as a Level One Sex Offender

by Stephen Bilkis

A man lived in his mother’s house with his sister who was a minor. One day, the man chanced upon his sister in the bathroom of their house. The man tried to rape his sister. The sister resisted and was able to escape from her brother. A New York Criminal Lawyer said she reported the incident to their mother and she reported the incident to the police.

Her brother was charged with attempted rape in the first degree and sexual abuse in the first degree. Prior to the arraignment, the lawyer for the man asked the trial court to order a psychiatric evaluation of the accused. Two psychiatrists examined the accused and they had similar findings. The first psychiatrist rendered an opinion that the accused suffered from psychiatric disorders which were not specified. A second psychiatrist rendered an opinion that the accused suffered from psychosis. A New York Criminal Lawyer said both of them agreed on the finding that the accused was a threat to himself and to others but that he was fit to stand trial because he was capable of understanding the nature of the charges against him and he can assist in defending himself. Both psychiatrists also recommended that the accused be hospitalized. For this reason, the accused was placed under the custody of the Commissioner of Mental Health.

The accused pleaded guilty to sexual abuse in the first degree and he was sentenced to six months imprisonment and ten years probation.

Published on: November 28, 2012

Court Contends Mental Hygiene Hearing was Unnecessary

by Stephen Bilkis

This is a case for appeal being heard in the Third Department, Appellate Division of the Supreme Court in the State of New York. Mark S. is the appellant of the case and the State of New York is the respondent. Mark S. is appealing two orders that were made by the Supreme Court. The orders found the appellant to be to be a dangerous sex offender and confined him to treatment in a secure facility.

Case Background

A New York Criminal Lawyer said that the defendant has an extensive criminal and psychiatric history that includes being convicted for two rapes and forcibly touching three different females. He was charged with third degree rape, third degree sodomy, and endangering the welfare of a child by having sexual relations with a girl who was less that 17 years old in June of 2003. The defendant states that the sex with the young girl was consensual and he thought that she was 17, even though he had been told that she was younger. He pled guilty to the third degree rape charge in May of 2004 to satisfy all of the charges that were made against him. He was sentenced to five months in jail and ten years of probation.

Published on: November 27, 2012

Defendant Claims Grand Jury Direction was Incorrect

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case against the defendant L.P. 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 Criminal Lawyer said that on the 19th of February, 1986, the Grand Jury heard evidence against the defendant, L.P. 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: November 26, 2012

Defendant Argues Complaint Insufficient to State Cause of Action

by Stephen Bilkis

The People of the State of New York are the plaintiffs in a case against the defendant S.M. This case is being heard in front of the Criminal Court of the City of New York in Kings County. The defendant in the case has been charged with attempted sexual abuse in the second degree, attempted sexual assault in the third degree, unlawful imprisonment in the second degree, harassment in the second degree, and endangering the welfare of a child. The defendant has moved to have the charges against him dismissed.

Case Facts

The complaint in this case comes from a thirteen year old girl. The defendant is a teacher at the child’s school. On the day that the incident occurred the defendant walked the child to his home. The child wanted to leave the defendant’s home and the defendant proceeded to block the doorway and would not let her leave. The child states that the defendant asked her for a kiss and she said no. She says that he moved his face into close proximity of hers and tried to kiss her. A New York Criminal Lawyer said these actions caused the child to become alarmed and annoyed.

Published on: November 26, 2012

Defendant Contends Ineffective Assistance of Counsel

by Stephen Bilkis

This is a case being heard in the Supreme Court of Bronx County. The case involves the People of the State of New York versus the defendant E.D..

Defendant’s Case

A New York Criminal Lawyer said on or about the 6th of August, 2011, the defendant filed a pro se motion to have his conviction of rape in the first degree, kidnapping in the first degree, and coercion in the first degree from 1977, vacated. The defendant argues that his rights regarding the Confrontation Clause of the Sixth Amendment of the United States Constitution were violated during his trial when the hospital record, including notations made by a resident at the hospital who did not testify, was admitted into evidence.