New York

Published on: November 25, 2012

Defendant Contends Juror was Forced Into a Decision

by Stephen Bilkis

The People of the State of New York are the respondents in this case of appeal. The appellant is J.L., who is appealing a verdict that was made by a jury in the Supreme Court of Bronx County on the 19th of March, 1984. This verdict convicted the defendant of attempted rape in the first degree and sentenced him to an indeterminate term of imprisonment of 25 years to life.

Case Background

The appeal in this case is made by the defendant as a result of a jury trial. A hearing testimony was held and took place over a period of four days. The jury commenced into deliberations at close to 12 p.m. on February 6, 1984. After deliberations and a rereading of some of the testimony of the case, the jury went to their hotel for the night at 11 p.m.

Published on: November 25, 2012

Appellate Court Agrees Trial Court Erred in Disallowing Expert Testimony

by Stephen Bilkis

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

Case Background

A New York Criminal Lawyer said on the second of June in 2005 at around 3:20 in the afternoon, F. U, who was thirteen years old at the time, was on her way home from school. She was going down the well lit stairs of the subway station near the corner of Essex and Delancey Streets in Manhattan. As she was descending the stairs a man she did not know approached her and asked for some change. The man stood face to face with her and she states that she did not think he was going to hurt her. She says that she looked directly at him and told him that she didn’t have any change.

Published on: November 24, 2012

Court Discusses Concept of Reasonable Suspicion

by Stephen Bilkis

In this criminal case, at the hearing, the People called two witnesses: New York Drug Enforcement Administration Special Agent Salvador Aceves, and New York City Police Department Detective John Reilly. The defense called no witnesses.

Agent Aceves testified that on April 3, 2008, he, along with his supervisor, K.B, and the members of his field team, conducted surveillance at West 225th Street and Broadway in Bronx County based on information received from an undisclosed source that a drug crime trafficking organization was planning to engage in a transaction that evening. A New York Criminal Lawyer said the agents were informed that the seller would arrive in a vehicle containing approximately ten to fifteen kilograms of cocaine and enter the Target parking lot located on West 225th Street near Broadway. With the cocaine remaining inside, the seller would give the vehicle to the purchaser, who would remove it, place the money inside, and return the vehicle.

A Bronx Drug Crime Lawyer said that, while conducting surveillance during the daylight hours of April 3, 2008, Agent A. observed individuals, who he referred to as the sellers; arrive in a black BMW, for the purpose of negotiating the transaction details he was advised would occur that evening. Agent A., however, neither identified those individuals nor provided a factual basis upon which to conclude they had engaged in negotiating the transaction.

Published on: November 24, 2012

People Move to Have Expert Testimony Precluded from Case

by Stephen Bilkis

The case involves the People of the State of New York against the defendant A.S.. The defendant has been charged with three robberies. He allegedly robbed a Gymboree store located on Third Avenue on the 18th of April, 2001 and again on the 15th of June, 2001. He is also charged with robbing the American Airlines office located on Broadway later on the same day of June 15th, 2001.

Case Background

On the 17th of June, an eyewitness a robbery at Gymboree picked the defendant’s picture out of a photo line up. A witness of the American Airlines robbery was shown the same group of pictures, but did not make identification.

Published on: November 23, 2012

Appellant Contends Malicious Prosecution

by Stephen Bilkis

A.R. is the appellant and respondent of this particular case. The respondent and appellant of the matter is the City of New York.

Case Background

The plaintiff, A.R. was a college student in 1984 and was studying to be a teacher. He was employed part time at the Concourse Day Care Center as a teacher’s aide. A New York Criminal Lawyer said the claim against the plaintiff was made by a five year old child that attended the day care. The child had previous records of sexually provocative behavior and had previously fabricated a claim of sexual abuse against one of her classmates while attending the Day Care Center. The mother of the child is E.H.

Published on: November 23, 2012

Appellant appeals Rape Conviction

by Stephen Bilkis

The People of the State of New York are the respondents in this case. The defendant and appellant in the matter is E.M. The case is being heard in the Supreme Court, Appellate Division, First Department. The defendant is appealing an order made by the Supreme Court of Bronx County that convicted him after a jury trial of the crime of rape in the first degree and sentenced him to a lesser sentence concurrent with a conviction of rape in the first degree.

Court Records

A New York Criminal Lawyer said in review of the case it is found that the defendant offered statements to the court standing by his plea of guilty. He bargained for this plea and did not want to withdraw it. The statements made to the probation officer that were thought by the court to be a protestation of innocence were not inquired into the court in any extent. A New York Drug Possession Lawyer said the order of the court to vacate the guilty plea must be set aside in this particular case.

Published on: November 22, 2012

Court Hears Mental Hygiene Proceeding

by Stephen Bilkis

This is a matter being heard in the Supreme Court of the State of New York, Appellate Division, and Fourth Judicial Department. The case deals with the State of New York as the petitioner and respondent and N.W., who is also known as S.J., as the respondent and appellant.

A New York Criminal Lawyer said the respondent and appellant, S.J. is appealing a decision made in the Supreme Court of Chautauqua County that denied the motion made by the respondent/appellant to dismiss the proceeding.

Case Background

Published on: November 22, 2012

Court Discusses Risk Assessment Factors

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case. The defendant of the case is W.F.. The County Court of the City of New York in Madison County is the location where this case is being heard.

The defendant was convicted based on a guilty plea, to rape in the second degree, which is a class D felony. He was sentenced on the 5th of September, 2002 to an indeterminate period of 1 to 3 years. He is scheduled to be released to parole on the 25th of April, 2004. The court is being called upon to assess the risk of the defendant.

Defendant’s History

Published on: November 21, 2012

Court Decides Narcotics Sales Case

by Stephen Bilkis

A New York Criminal Lawyer said that in May 1990, members of the narcotics teams arrested three men for street narcotics sales to undercover police officers. In each case, both the arrest and the evident conduct constituting the crimes was charged occurred entirely within the county and pursuant to an agreement between the district attorney and the special narcotics prosecutor, the criminal actions were commenced by the filing of felony complaints in court.

A New York Criminal Lawyer said that all the three men were arraigned and their cases adjourned for action by the special narcotics grand jury and/or possible disposition by way of waiver of indictment and the filing of superior court’s information. The counsel orally moved for dismissal of the felony complaints on the ground that the court had lacked of geographical authority as defined in law. With the concurrence of all the parties, the court reserved decision and set a schedule for the filing of written motions and memoranda of law.

While the court was waiting from the city of New York’s response, the prosecutor presented the two men’s matters to a special narcotics grand jury. A true bill was voted with respect to each and the charges were filed. A New York Drug Possession Lawyer said the indictments are currently pending in other special narcotics Supreme Court parts. One of the men has actually entered a guilty plea to a lesser included offense. Consequently, the city of New York moved to dismiss the charges against the other men because the laboratory report showed that the items sold contained no controlled substance. Apparently, the motion was granted by the court.

Published on: November 21, 2012

Court Decides if Military Tribunal is Considered a Court of Jurisdiction

by Stephen Bilkis

This matter involves H.B. and L.C as the Judge of the Jefferson County Court as the respondents. The appellant in the case is J.K. as the Jefferson County District Attorney. The other case involves the respondents L.B. and L.C. as the Judge of the Jefferson County Court and J.K. as the Jefferson County District Attorney as the appellant.

The District Attorney of Jefferson County is appealing two cases. He is seeking to overturn the grant of writs of prohibition that prevent his office from prosecuting serious crimes that were committed by two solders on military property. The soldiers were off duty at the time.

The petitioner soldiers were tried and convicted by a general court martial for identical conduct that they were indicted for in Jefferson County. The issue in each of the cases is whether a military tribunal is considered a court with any jurisdiction in the United States. If a military tribunal is considered a court with jurisdiction than the double jeopardy protection laws of the state of New York would bar the successive prosecution of the issues in these cases.