Bronx

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

Court Discusses Concept of Double Jeopardy

by Stephen Bilkis

In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, #2, and #3, along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from May, 1971 until the filing of the indictment, 10 particular incidents, including meetings and drug deliveries, were specified as overt acts. A number of substantive drug crimes of heroin possession were also charged.

A New York Criminal Lawyer said that, the instant appeals arise out of a separate concurrent State prosecution in which the three defendants were charged with sale and heroin possession of dangerous drugs. The indictment states that on each of January 8, 12, and 22, 1973, Defendant #1, #2, and #3 possessed and sold over 16 ounces of heroin. These sales had neither been specified as overt acts of the Federal conspiracy nor had they been the subject of the substantive counts in that indictment.

The Federal charges were disposed of first. Defendant #1 and #3 pleaded guilty, among other counts, to conspiracy. Defendant #2 , on the other hand, went to trial and was found guilty on all counts charged. The evidence at that trial although not mentioned in the indictment included testimony concerning the three January drug sales that are the subject of the State prosecution. All three defendants received substantial Federal sentences.

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.

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.