Bronx

Published on: July 19, 2012

Court Discusses Mental Hygiene Law

by Stephen Bilkis

On 6 January 1992, respondent pleaded guilty to two counts of first-degree robbery and single counts of first-degree burglary, first-degree rape, and first-degree sodomy. The plea satisfied charges arising from two separate criminal incidents, the robbery of a gas station attendant and a home invasion, for which respondent was arrested and indicted separately in 1988. He was sentenced to an indeterminate term of imprisonment of 8 to 16 years, running from his arrest. In July 1999, respondent was released to parole supervision after serving 11 years and eight months of his sentence.

A New York Criminal Lawyer said that on 19 May 2000, he was again arrested and indicted separately for three robberies. On 12 December 2001, he pleaded guilty to two counts of third-degree robbery, for each of which he was sentenced to an indeterminate term of 2 to 4 years, and one count of criminal possession of a weapon in the fourth degree, for which he was sentenced to prison for one year. The indictment satisfied by respondent’s plea to the weapon-possession count also accused him of sexual abuse. These sentences ran concurrently to each other but consecutively to the undischarged portion of the indeterminate sentence imposed on respondent in 1992. On 6 January 2006, he was released to parole supervision.

In July 2006, respondent was returned to prison for violating the conditions of his parole. In April 2007, he was again released to parole supervision but went back to prison after violating the conditions of his parole in August of that year.

Published on: July 18, 2012

Defendant Claims Court Abused its Discretion

by Stephen Bilkis

Appeals from two orders of the Supreme Court were made. The proceedings found the accused man to be a dangerous sex offender and confined him to a secure treatment facility.

A New York Criminal Lawyer said the accused man has an extensive psychiatric and criminal history that includes convictions for two rapes and forcible touching involving three different female victims. At age 23, he was charged with rape in the third degree, sodomy in the third degree and endangering the welfare of a child for having sexual relations with a girl under the age of 17 who was living with him.

According to the victim, they initially had a consensual (but illegal) sexual relationship, but the accused man thereafter repeatedly forced her to have sexual contact with him against her will. The accused man claimed that it was consensual and that he believed she was 17 years old, although he admitted having been advised that she was younger. He entered a guilty plea in satisfaction of all charges, and was sentenced to five months in jail and 10 years of probation. While on probation, the accused was charged with forcible touching for forcibly grabbing the private body parts of an 18-year-old employee of his drywall business. He later entered an Alford plea to that charge and was sentenced to a two-month jail term. After a hearing, New York Criminal Lawyer said the accused man was classified as a risk level III sex offender under the Sex Offender Registration Act. That same month while still on probation, the accused was charged with first-degree rape for an incident in which he went with a friend to a female acquaintance’s apartment and forcibly held her down and raped her in her bedroom where he had lured her by deceiving her into believing that they needed to speak privately. He again was permitted to enter an Alford plea to the proceedings. Although he was released on parole supervision, the accused man’s parole was revoked months later when he was charged with numerous instances of violating the conditions of his release, including having prohibited contact with women and viewing erotic images of women, and admitted to one parole violation charge of exchanging electronic messages with a woman.

Published on: July 15, 2012

Attorney Defendant Suspended for DWI

by Stephen Bilkis

This matter deals with the respondent, Philip S. Lapenta, who is an attorney. The petitioner in the matters is the Grievance Committee fro the Tenth Judicial District. The case is being heard in the Supreme Court of the State of New York, Second Department, Appellate Division.

Case Background

A New York Criminal Lawyer said the respondent was admitted to the bar on the 21st of February, 1973. On the 19th of March, 2008, the Tenth Judicial District Grievance Committee served the respondent with a verified petition that contained four charges of misconduct.

Published on: July 15, 2012

Defendant Gives Voluntary Confession

by Stephen Bilkis

This case is being heard in the District Court of Suffolk County, First District. Judge Salvatore A. Alamia is hearing the case. The plaintiff of the case is the People of the State of New York. The defendant in the case is Colin O’Reilly.

Case Background

A New York Criminal Lawyer said the defendant has been charged with driving while intoxicated, failing to maintain lane violating traffic law 1128, and two counts of failing to stop at a stop sign, violating traffic law 1172.

Published on: July 13, 2012

Defendant Claims Wide Variation of Results with an Intoxilyzer

by Stephen Bilkis

The People of the State of New York are the respondents in the case. The Appellant in the matter is William E. Lent, Jr. The case is being heard in the Supreme Court of the State of New York in the 9th and 10th Judicial Districts of the Appellate Term. Judges Nicolai, P.J., Tanenbaum, and Iannacci, JJ is present.

This is a case of appeal. The judgments that are being appealed were made in the District Court of Nassau County, First Department. The defendant has been convicted of driving while intoxicated per se and speeding. These judgments were made during a jury trial.

Case Background

Published on: July 12, 2012

Defendant Accused of Operating a Ship While Under the Influence

by Stephen Bilkis

The plaintiffs in this case are the People of the State of New York. The defendant of the case is George P. Briggs. The case is being heard in the Nassau County District Court, First District, and Criminal Court.

A New York Criminal Lawyer said the defendant was tried without a jury for an accusation of boating while intoxicated, which is in violation of Navigation Law section 49. There were numerous questions that were brought up during this case, which makes a written response necessary.

Case Facts

Published on: July 12, 2012

Court Looks at Probable Cause for DWI Arrest

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this matter. The defendant in the case is Thomas D. Alberto. The case is being heard in the District Court of Suffolk County, First District. Judge Salvatore A. Alamia is hearing the case.

The defendant, Thomas D. Alberto has been charged with driving while intoxicated, reckless driving, speeding, and driving the wrong way. A New York Criminal Lawyer said a Dunaway and Huntley was heard in regard to the case to determine which evidence against the defendant will be submitted during trial. Both the plaintiff and the defendant have been given the opportunity to submit closing statements in the matter. The closing statement for the defendant has been received by the court. The People have not submitted a written closing statement and have thus waived their right to do so.

Before the hearing took place the People told the court that the compact disc that contained the 911 calls and dispatches that concerned the incident have been destroyed pursuant to the New York State Police Policy that only saves these recordings for six months.

Published on: July 10, 2012

Court Decides Parole for SOMTA Qualifying Offense

by Stephen Bilkis

Respondent Mustafa Rashid pleaded guilty to two counts of first-degree robbery, and single counts of first-degree burglar, first-degree rape, and first-degree sodomy. This plea satisfied charges arising from two separate criminal incident the robbery of a gas station attendant and a home invasion, for which Rashid was arrested and indicted separately in 1988. He was sentenced to an indeterminate term of imprisonment of 8 to 16 years, running from his arrest.

A New York Criminal Lawyer said that, Rashid was released to parole supervision in July 1999, after serving 11 years and eight months of his sentence. But he was again arrested and indicted separately for three robberies. Thereafter, he pleaded guilty to two counts of third-degree robbery, for each of which he was sentenced to an indeterminate term of 2 to 4 years, and one count of criminal possession of a weapon in the fourth degree, for which he was sentenced to prison for one year. The indictment satisfied by Rashid’s plea to the weapon-possession count also accused him of sexual abuse. These sentences ran concurrently to each other but consecutively to the undischarged portion of the indeterminate sentence imposed on Rashid in 1992. He was subsequently released to parole supervision.

A New York Criminal Lawyer said that, Rashid was returned to prison for violating the conditions of his parole. He was released to parole supervision again in April 2007, but went back to prison after violating the conditions of his parole in August of that year. Rashid was next released to parole supervision in early 2008. He was arrested for the misdemeanor crimes of petit larceny, and criminal possession of stolen property in the fifth degree on May 6, 2008. Upon pleading guilty to petit larceny, Rashid received a definite sentence, which he served at Rikers Island, a local correctional facility. Rashid remained subject to the supervision of the State Division of Parole throughout his time at Rikers Island, but his parole was not revoked, apparently because his jail sentence ended days before his parole expiration date: Rashid was freed from Rikers Island, and his parole supervision ended, when he reached the maximum term (20 years) of his consecutive indeterminate sentences.

Published on: July 10, 2012

Attorney Disbared in Wire Fraud Case

by Stephen Bilkis

This case deals with a matter concerning the attorney and counselor at law, Cheddi B. Goberdhan. The petitioner in the matter is the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Cheddi B. Goberdhan is the respondent. The case is being heard in the Supreme Court of the State of New York, Appellate Division; Second Judicial Department. A. Gail Prudenti, P.J. , William F. Mastro, Peter B. Skelos, Reinaldo E. Rivera, and Leonard B. Austin, JJ are the judges hearing the case.

Case Background

The Grievance Committee from the Second, Eleventh, and Thirteenth Judicial Districts has motioned for the name of the respondent to be taken off the roll of attorneys and counselors at law. A New York Criminal Lawyer said the reason for this motion is that the respondent was convicted of a felony, which is in violation of Judiciary Law Section 904.

Published on: July 7, 2012

Defendant Claims Charges Should Not Have Been Combined

by Stephen Bilkis

The People of the State of New York is the respondent in the case. The appellant in the matter is Morris Pinkas, also referred to as Morris Pinkasovitz. A New York Criminal Lawyer said the case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department.

The defendant is appealing an order made by the Queens County Supreme Court. The order was made on the 13th of June, 1988 and convicted the defendant of sexual abuse in the first degree, attempted rape in the first degree, and two counts of endangering the welfare of a child.

Case Background