Brooklyn

Published on: June 24, 2012

Defedant Seeks to Have New Parole Hearing

by Stephen Bilkis

On November 17, 1990, a thirty-two year old plumber who was married with three children lived on West 143rd Street in Manhattan. At around 6:43 in the evening, the plumber met his brother’s wife’s boyfriend in front of 225 West 129th Street. The began to argue. They parted and went their separate ways. Later that night, the plumber and the boyfriend ran into each other again. This time, the boyfriend had another man with him. They were in a park near West 129th Street in Manhattan.

During this confrontation, a New York Criminal Lawyer said the boyfriend punched the plumber in the face. He fell to the ground and pulled out a handgun that he possessed a target license to carry. He fired at the boyfriend from his position on the ground. The boyfriend was struck in his chest and was killed. The plumber left the area, but later turned himself in to the police on November 26, 1990. The plumber stated that the shooting occurred in self-defense. He stated that when he was on the ground, he believed that the boyfriend was going to shoot him. He stated that he only shot him to prevent being shot. The police reports of the incident indicated that the boyfriend was not armed at the time of the shooting. The defendant plumber claimed that in 1982, the plumber had been shot by another man in a vehicle accident because the other man had hit his parked car. The plumber was shot twice during that incident after the other man went back to his own car to obtain his registration and insurance paperwork. When he returned to the plumber’s vehicle, he had a gun and shot him twice. In that incident, when the plumber was incapacitated on the ground, the other man attempted to shoot him again at close range. The gun misfired and the plumber’s life was spared. The plumber stated that the way that the boyfriend moved and his mannerisms, along with the 1982 history, made him believe that the boyfriend was in possession of a weapon and that he intended to use it.

The plumber did not have any criminal history, and at trial the Assistant District Attorney requested that he be sentenced to the minimum sentence required for his offense. That sentence would have been fifteen years to life. He was first eligible for parole in 2005. He was not a problem when he was in prison and did not have any disciplinary reports in his file. He worked during his prison term as a plumber’s helper in the maintenance department. He also worked as a program aide for the disabled and as a metal fabricator in the industries work area. He completed his high school equivalency degree and obtained an associate of arts of religious education college degree. A Brooklyn Criminal Lawyer said he also attended several behavioral and psychological programs to reduce his risk of recidivism upon release. These programs included Violence/Aggressive Behavior Programs, Basic Parenting, Hispanic Needs Program to Eradicate Violent Behavior.

Published on: June 23, 2012

Can the Agent of a Purchaser of Narcotics be Convicted of Drug Sale?

by Stephen Bilkis

This is the case wherein the court reiterated its New York rule that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance.

A New York Criminal Lawyer said that an undercover police officer befriended the defendant in various bars. The police officer, disguising as a drug user, thereafter mentioned to the defendant that he was interested to buy ecstacy. The defendant indicated that he might be of assistance in doing so and invited the undercover to call him whenever needed. In the course of their meeting in a bar, the police officer advised the defendant of his intention to buy cocaine or heroin. The defendant estimated the cost of the quantity of approximately four ounces of cocaine which was between three and four thousand dollars.

After some days, the defendant and the police officer proceeded in a bar in Manhattan. The defendant entered the premises alone, presumably to meet the man who was the seller. The defendant reported to the police officer that the price of the narcotics would be $4,000. The police officer paid the amount and the defendant re-entered the bar to give the payment to the seller. The two proceeded to a discotheque where the actual delivery of the drugs took place.

Published on: June 2, 2012

Sex Crime Defendant Appeals for Technical Legal Issues

by Stephen Bilkis

The Facts:

On 2 May 2011, defendant forcibly compelled complaining witness-one to perform oral sex upon him and then forcibly subjected her to anal intercourse.

On 14 May 2011, defendant forcibly touched the breasts of complaining witness-two with his hands and mouth, forcibly compelled her to perform oral sex upon him and then forcibly subjected her to vaginal intercourse.

Published on: May 29, 2012

Defendant Claims Court Lacked Jurisdiction for Order for Protection

by Stephen Bilkis

On this proceeding, a man filed an appeal from a judgment convicting him of burglary in the second degree, criminal contempt in the first degree and second degree, upon his plea of guilty.

The offense happened on the last quarter of 2004 when the man assaulted his former girlfriend on several occasions. A New York Criminal Lawyer said he broke into his girlfriend’s apartment, repeatedly harassed the woman and stalked her in violation of temporary orders of protection. Consequently, the man was charged in two separate accusations with multiple crimes, including burglary in the second degree, attempted assault in the third degree, criminal contempt in the first degree and second degree, aggravated harassment in the second degree, stalking in the fourth degree, and menacing in the second degree. Afterwards, the separate accusations were consolidated. The man also agreed to plead guilty to burglary and criminal contempt. Based on records, in exchange of the man’s claim, the Supreme Court promised him that if he completed the treatment alternatives to street crimes drug program they will leave his plea to burglary in the second degree and sentence him to concurrent terms of five years’ probation for criminal contempt in the first degree and second degree. However, the Supreme Court warned the man that if he failed to complete drug treatment, his plea to burglary in the second degree would stand, and he would be sentenced to a determinate term of seven years of imprisonment and a period of five years of post release supervision for that offense.

The man then acknowledged that he understood the arrangement. The man give up his right to a jury trial, his right to cross- examine witnesses, and his right to testify on his own behalf if he wished to do so. Immediately after the man acknowledged that he was giving up his rights, the Supreme Court briefly addressed the issue of a waiver of the right to appeal. A Brooklyn Criminal Lawyer said that it explained that if the man were tried and convicted, he would have the right to appeal the conviction but he already give up his right. The Supreme Court further asked the man whether he was willing to give up all his rights and any other rights he had and plead guilty and the man answered yes. The man then admitted that he entered unlawfully and remained unlawfully in the victim’s dwelling, that he was aware that she had obtained an order of protection against him, and that he had violated that order of protection.

Published on: May 27, 2012

Claimant Brings Action for Unjust Conviction

by Stephen Bilkis

This case is being heard in the Court of Claims in the City of New York. The defendant in the case is the State of New York. The claimant of the case is Amine Baba-Ali. The judge overseeing the case is Melvin L. Schweitzer.

Action

The claimant in this case, Amine Baba-Ali was accused and convicted of sexually abusing his four year old daughter. A New York Criminal Lawyer said the allegations included that he sodomized the girl and raped her. He was imprisoned for 783 days on multiple concurrent sentences for these convictions. He was held in a maximum security prison during this time.

Published on: May 26, 2012

Court Discusses Sex Offender Registration Act

by Stephen Bilkis

The respondent for this case is the People of the State of New York. The appellant in the case is Neil Pietarniello. The case is being heard in the Second Department of the Supreme Court of the State of New York in the Appellate Division.

Appeal

A New York Criminal Lawyer said this is an appeal from the defendant concerning a previous order from the Kings County Supreme Court. The judge from the previous case was Brennan. The case involved a hearing to determine the sex offender risk level of the defender. The appellant was designated as a level 3 sex offender based on Correction Law article 6-C.

Published on: May 19, 2012

Court Discusses Williams Roger Clemens Case

by Stephen Bilkis

The plaintiff and appellant in this case is William Roger Clemens. The defendant and appellee in the case is Brian BcNamee.

Appeal

The plaintiff in the case is appealing a ruling from the district court. A New York Criminal Lawyer said this court will determine whether or not the defamatory statements that were made elsewhere caused damages to the plaintiff and are sufficient in granting personal jurisdiction over the defendant.

Published on: May 15, 2012

Court Discusses Criminal Solicitation

by Stephen Bilkis

The accused parties filed motions to dismiss the charges against them of criminal solicitation on the ground that there exists some jurisdictional or legal impediment to their conviction and on the ground that the accusatory instruments are defective. The Court grants the motions to dismiss the charges of criminal solicitation.

A New York Criminal Lawyer said all of the accused were arrested on various streets in the City of Rochester allegedly attempting to buy small amounts of marijuana. The place has become known as open-air drug markets where marijuana, cocaine and heroin can be purchased on the streets. In some areas cocaine possession and heroin possession with intent to sell are rampant. Those who live and work in those areas have become frustrated at the misuse of their neighborhoods for drug activity, that activity bringing with it increased public safety concerns for themselves and their families. The potential for violence in connection with the open-air drug trafficking was illustrated and underscored with the murder of a resident of the surrounding suburb of Penfield, New York. He was shot to death while reportedly attempting to purchase marijuana in one of the open-air drug markets.

In response to the public safety concerns of the neighborhoods, and in direct response to the murder, the City of Rochester Police Department began to station undercover police officers on the various streets with reputations for being open-air drug markets (drug possession). The officers then arrested individuals who approached them attempting to buy marijuana and other drugs. In the cases before the Court, all of the accused were charged with criminal solicitation in the fifth degree, a violation punishable by a maximum of 15 days in jail. The information alleges either that the accused were soliciting the officers to sell them marijuana, or were attempting to buy a marijuana-type substance or fake marijuana.

Published on: May 12, 2012

Defendant Contends Police Initiated Contact Inappropropriate

by Stephen Bilkis

On 23 January 1997 at approximately 3:30 A.M., an investigator from the Albany County Sheriff’s Department boarded a bus which had arrived from New York City. The investigator, wearing civilian clothing with his police badge prominently displayed on his coat, was accompanied by two other officers. A New York Criminal Lawyer said the investigator announced that they were conducting a drug interdiction and asked everyone on board, approximately fifteen passengers, to produce bus tickets and identification. He then proceeded to the back of the bus to begin examining those items from each passenger.

As the investigator was walking to the rear of the bus, he observed defendant and a female companion, sitting in the last row of seats, push a black object between them. He approached the two individuals and asked for their identification and bus tickets. The investigator then obtained consent to search defendant’s bag which led to the discovery of a digital scale; asked defendant and his companion to stand at which time he saw a black jacket on defendant’s seat. The officer found more than two ounces of cocaine in the jacket pocket (drug possession).

Defendant was indicted on one count of criminal possession of a controlled substance in the second degree and one count of criminal possession of a controlled substance in the third degree, drug crimes.

Published on: May 8, 2012

Defendant Brings Case for Sentencing Error

by Stephen Bilkis

On 3 May 1995, defendant was convicted of two counts of Robbery in the First Degree, six counts of Robbery in the Second Degree, one count of Assault in the Second Degree, one count of Criminal Possession of Stolen Property in the Fifth Degree, and two counts of Criminal Possession of a Weapon in the Fourth Degree.

On 15 May 1995, defendant was sentenced, as a second violent felony offender, to an indeterminate term of imprisonment of ten to twenty years for each Robbery in the First Degree conviction, an indeterminate term of imprisonment of seven and one-half to fifteen years on five of the six counts of Robbery in the Second Degree, an indeterminate term of imprisonment of three and one-half to seven years on the Assault in the Second Degree conviction, one year determinate on the Criminal Possession of Stolen Property in the Fifth Degree conviction, and one year determinate for both Criminal Possession of a Weapon in the Fourth Degree counts.

The sentencing Court ran the two Robbery in the First Degree sentences, and two of the Robbery in the Second Degree sentences consecutive to one another, for a total indeterminate sentence of thirty-five (35) to seventy (70) years.