Bronx

Published on: May 10, 2012

Court Discusses Probable Cause in Drug Possession Case

by Stephen Bilkis

The police officers of the 32nd precinct in New York City were assigned to conduct surveillance over the corner of 128th Street and 8th Avenue because this was known as a high-drug crime area. A New York Criminal Lawyer said many arrests for cocaine possession and heroin possession have been made at this corner.

One police officer saw perched atop a condemned building, holding binoculars and observing the goings on at the street corner. His partner was near the street corner, waiting for a signal from his partner on the rooftop.

At 1:30 pm of February 26, 1977, the police officer on the rooftop saw one man at the corner. Most passersby hurry on by but that man stayed put. He kept having brief conversations with those who come by him but those people moved on. The man stayed. The officer observed the man for forty-five minutes.

Published on: May 8, 2012

Court Decides if Accomplice will be Convicted

by Stephen Bilkis

Five men formed a gang whose only purpose was to prey on drug dealers. They targeted drug dealers who were always awash with cash and robbed them. They also took the drugs they found on the drug dealers and sold these on the street. One night, on February 12, 1997, all five men planned to rob a drug dealer who had a first floor apartment on Riverside Drive.

Of the five men, one was to be the driver and wait for them in the car while the others entered the apartment of the drug dealer. A New York Criminal Lawyer said their plan was to ring the doorbell and when they were buzzed in, they would force themselves inside the apartment of the drug dealer. The group came late and they missed the drug dealer who had already left his apartment. There was no one home. So the five men went their separate ways.

A few hours later four of the five men came together to see if the drug dealer had come back to his apartment; the driver did not go back with his four friends on the second robbery attempt. He went home.

Published on: May 8, 2012

Court Discusses Various Degrees of Robbery

by Stephen Bilkis

In just one afternoon of April 7, 2009 a man snatched the purse of an old lady as she was about to enter a store inside a shopping mall. Later that afternoon, that same man walked into a bank. He walked up to the counter and grabbed a teller by her shirt and jacket. He pulled the teller onto the counter and made her give him money. A New York Criminal Lawyer said the teller gave the man the cash that was available to her in the sum of $1464. The man took the money and escaped running from the bank.

Two days later, the man came to a police station in Schoharie County and surrendered. He confessed to the robbery he committed. He was charged with first degree robbery, fourth degree grand larceny for the bank robbery and grand larceny for snatching the old lady’s purse. Because the man had voluntarily surrendered and confessed to the commission of the robbery and the larceny, he was tried without a jury. The trial was only to submit evidence other than the man’s confession that a crime had been committed by the man.

A New York Criminal Lawyer said the man was convicted of the same charges of robbery and grand larceny, He was later sentenced to concurrent prison terms. He was sentenced to serve ten and a half years for robbery and one to four years of grand larceny. But the trial court ordered that the prison sentence for the other grand larceny charge be served consecutive to the other grand larceny sentence. The trial court also ordered the man to pay restitution to the bank of $1500 plus a 5% surcharge. The man appealed his conviction.

Published on: May 7, 2012

Court Discusses Felony Murder Rule

by Stephen Bilkis

According to the accused man’s trial testimony, he and several others met at an uptown hotel to arrange a robbery of their acquaintances that were operating a shooting gallery for heroin in a nearby apartment. They completed their plans and proceeded to the apartment, armed with at least two loaded guns. They ordered the occupants to strip, tied them up, blindfolded them and removed their money and clothing.

The accused man states that after he left the apartment, as he was going down the stairs his female accomplice shot the owner of the apartment, the man happened to be her former lover. He claims that she was motivated by resentments stemming from this prior relationship, and that the killing was therefore not connected to the robbery.

New York Criminal Lawyer the jury offered no testimony to dispute the accused man’s version of the events. The surviving robbery victims did not see who actually fired the fatal shot as they were all still blindfolded. The accused man does not argue, nor could he, that the fact that he was not proven to be the actual shooter absolves him of the felony murder charge. Having admitted his participation in the robbery, the accused man would ordinarily be responsible for the murder of the apartment owner even if he lacked the specific intent to cause his death and did not personally contribute to the homicide. He claims, however, that the homicide case was not sufficiently connected to the felony to invoke the provisions of the felony murder statute. At issue is the meaning (if any) of the phrase in furtherance of the robbery as used in the felony murder statute. The question does not appear to have been answered in any reported decisions.

Published on: May 7, 2012

Court Erred on Motion for Severance of Actions

by Stephen Bilkis

A manager was with another employee when they were on route in a company van to one of its nearby stores with a bag containing the cash receipts. A New York Criminal Lawyer said after noticing that a vehicle in front of his van pulled off onto the shoulder of the road, the van made a strange noise and lost power. As he pulled onto the shoulder, the manager observed the previously stopped vehicle reenter the roadway and stop in front of his stalled van. Two individuals (or defendants) in dark clothes wearing masks and brandishing shotguns approached the van from both sides and shouted orders to the manager and his companion. The manager, seeing the weapons, took the bag containing the cash receipts and held it out the open window. The robbers took the money, duct-taped the manager and the employee companion side-by-side on the floor of the van, and drove with them at gunpoint. When the robbers fled, the manager and his employee companion were left in the van. Ultimately, they acquired police assistance.

Notwithstanding an extensive investigation, police authorities were unable to solve the robbery until they received a telephone call from an individual (or the caller), whom they later identified. The caller met with the investigators and provided both the details and names of three individuals involved in the robbery.

Over the next few months, the investigation led to defendants’ arrests.

Published on: May 7, 2012

Court Discusses Alford Plea

by Stephen Bilkis

The plea that is entered in a criminal case is of great importance in how the crime and the person convicted of the crime is treated in the system of jurisprudence. Some people accept plea agreements without thoroughly understanding what these agreements entail. One of the most frequently misunderstood pleas that a defendant can enter is an Alford-Serrano plea. Most courts call it an Alford plea for brevity sake. An Alford plea is a plea that a person can enter without admitting guilt to the offense. A New York Criminal Lawyer said an Alford plea is in essence a way for a defendant to state that they are innocent, but that they believe that based on the evidence, a jury would find them guilty of the offense. A person will use an Alford plea as an attempt to reduce the overall jail time.

Some of the issues that most defendants do not understand as they relate to an Alford plea is that even though the person is proclaiming their innocence, they are considered by the court just as guilty as a person who enters a regular guilty plea. There is no difference in the treatment of an Alford guilty offender, and one that pleads just plain guilt. Sometimes, especially in the case of sexually based offenses, this can pose a problem for the defendant.

In one case, which occurred in Richmond County New York, in 1994, a man took an Alford plea in the rape case of his own fifteen-year-old daughter. The child is of limited intelligence and unable to process the experience, however, it appears that when the child was around 12 or 13 years of age, during a three-month period, he had sexual relations with his daughter. A New York Criminal Lawyer said the defendant adamantly denied that he ever had sex with his daughter, however, everyone involved was concerned that the child would be overly traumatized by having to testify against her own father in court. In order to prevent her from having to endure any more trauma than she already had, her father took an Alford plea to one count of rape in the third degree. The prosecutors, the mother, and the child all firmly stand by the evidence that the father raped her. The rape had occurred approximately two years prior to the conviction under the Alford plea.

Published on: May 4, 2012

Defedant Claims she was Unlawfully Detained

by Stephen Bilkis

The plaintiff and appellant of the case is Jacqueline E. Morris. The defendant and appellee in the case is Albertson’s Inc. The case is being heard in the eleventh circuit of the United States Court of Appeals.

Case History

A New York Criminal Lawyer said that on the sixteenth of October in 1980, around 5:15 pm, Thelma Powell, who was an employee of Albertson’s saw a young black lady opening the cellophane wrappers of cosmetics and placing the items in her purse (petit larceny). Powell continued to watch the woman throughout the store.

Published on: May 4, 2012

Defendant Charges with Possessing a Pipe Bomb

by Stephen Bilkis

The plaintiff and appellee in this case is the United States of America. The defendant and appellant of the case is Roy L. Schmidt, III. The case is being heard in the Fifth Circuit of the United States Court of Appeals.

Appeal

A New York Criminal Lawyer said the defendant, Roy L. Schmidt, III, is appealing the conviction that he is an Armed Career Criminal as defined by the Armed Career Criminal Act. Roy L. Schmidt, III in the original case pleaded guilty to the conspiracy of possessing a pipe bomb and of being a convicted felon with possession of the pipe bomb. He is challenging the sentencing from the district court. His reasoning is that the determination of his sentencing used a prior conviction of theft of a firearm was listed as a violent felony for the purpose of convicting him under the Armed Career Criminal Act.

Published on: May 4, 2012

Court Hears Shoplifting Case

by Stephen Bilkis

The appellants of the case are Tynesha M. Rivers, Nikina D. Cunningham, and Stacy L. Rivers representing herself and as the parent/custodian of minor Tevon J. Elmore. The appellees in the case are James Donohoe, Linda Love, and a Florida Corporation, Dillards Department Store, Inc.

Case Background

A New York Criminal Lawyer said that on the 20th of August in 1994, Tynesha Rivers, Nikina Cunningham, Stacy Rivers and her son Tevon all went to Dillards Department store to shop. Stacy and her son went to the upstairs part of the store and Tynesha and Nikina went to shop for shoes in the shoe department. The girls were waiting for a salesperson to bring them a pair of shoes to try on when they were approached by officer Donohoe, a security guard for the store. Officer Donohoe asked them for their identification, but did not tell them why he wanted it. The two girls gave him their identification and he took it and walked away. Tynesha continued shopping and paid for a pair of shoes.

Published on: May 3, 2012

Man Claims Cruel and Unsual Punishment for Gun Crime

by Stephen Bilkis

A man was pulled-over by a police officer because the car he was driving was reported stolen. A New York Criminal Lawyer said the car did not turn out to be stolen, after all as the use of the car by the man was merely unauthorized. When the police officer arrested the man for theft of the car, the man was found in possession of a gun. He had with him in his car a loaded .25 caliber automatic pistol.

The man had the gun licensed in North Carolina when he purchased the gun there in 1973. He later moved to New York and brought the gun with him. He knew of the laws of New York regarding the possession of an unlicensed firearm but for seven years, he possessed an unlicensed firearm.

The man was charged with possession of a weapon in the third degree. But during his arraignment, the man entered a plea of guilt to the misdemeanor possession in the fourth degree.