Nassau

Published on: December 7, 2012

Court Discusses Sex Offender Management and Treatment Act

by Stephen Bilkis

This case is being heard in the Supreme Court of the state of New York in New York County. The People of the State of New York are the petitioners in this matter and the respondent is J.S..

Case Facts

A New York Criminal Lawyer said J.S., the respondent in this case, pled guilty in 1968 to Rape and Robbery in the first degree. This plea satisfied numerous charges of rape, sodomy, robbery, assault, and other charges that arose from several attacks on women that he had allegedly committed around the City College campus in Manhattan. He was sentenced to five to fifteen years for this guilty plea. However, after several appeals his plea of guilty was invalidated by a grant from the Supreme Court of a petition for a writ of habeas corpus. It was found by the court that the Suggs was not mentally competent at the time of the plea that had led to his conviction a decade earlier. This decision was affirmed and Suggs was released from prison in 1978.

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 20, 2012

Key Witness Recants Testimony

by Stephen Bilkis

Defendant is currently serving a prison term of twenty-five years to life, having been convicted of Murder in the Second Degree for shooting and killing Cesar Vasquez on the evening of July 16, 1991. Defendant and his co-defendant were convicted after a jury trial based on identifications made by a single eye witness, P.D. D., a woman with a lengthy psychiatric history, the details of which were largely unknown to defendant at the time of trial, testified that she looked out her fourth floor window at midnight and saw defendant and two other men with guns approach her building. As she ran downstairs she heard five gunshots and saw the back of the men as they left the scene. Although her fourteen year old son, G, was out on the street and witnessed the shooting, he was never called as a witness at trial.A New York Drug Crime Lawyer said the People did not present any physical evidence, motive evidence or any other evidence to corroborate Denor’s identification of defendant as one of the shooters.

D, a complete stranger to both defendants, has now recanted her trial testimony, claiming that she lied when she testified that she saw the faces of the shooters and identified them. A Nassau Criminal Lawyer said that, she now claims that she did not actually see and could not have seen the faces of the shooters and that she identified defendant based only on her observation of a photograph of him that she saw in the investigating detective’s car. Denor states that she falsely identified defendant out of a strong desire to protect her son, whom she believed was being threatened by detective Pezullo and whom she did not want to testify.

A Queens Criminal Lawyer said that, defendant moves to vacate his conviction pursuant to CPL §440.10 based primarily on Denor’s recantation. He argues that her recantation is newly discovered evidence that is credible and reliable and that if known at trial would have created the probability of a more favorable verdict to defendant.

Published on: November 16, 2012

Court Discusses Elements of a Criminal Conspiracy

by Stephen Bilkis

The two accused men, charged with the crimes of Criminal Sale of a Dangerous Drug and Conspiracy (drug possession), move to dismiss the indictment on the grounds that the prosecution puts them in jeopardy again for crimes of which they already have been convicted in another jurisdiction. They contend, in short, that their prosecution in Nassau County of the crime of Conspiracy included therein acts which are alleged in this indictment and thus fall within the proscriptions of the Criminal Procedure Law which prohibit such a second prosecution. The Court ordered a hearing on the contentions of the accused men and the facts and circumstances of the issues as testified to at the hearing.

A New York Criminal Lawyer said the accused men with others met the undercover Police Officer who was accompanied by an informer at a restaurant owned by one of the accused in Queens County Restaurant. There was a discussion concerning the buying and selling of cocaine and the accused men quoted prices to the undercover detective. An agreement was made the next day to meet at the same place for the purchase of 1/8 of a kilo and at the subsequent meeting the accused delivered the 1/8 of a kilo to the officer and received from him the sum of $4,000 as a payment. Having established a basis for doing business, the accused men and undercover officer, entered into another deal at a Restaurant for the sale of a kilo for $32,000. The actual sale for the kilo was made in Nassau County.

Subsequently,a Nassau County Criminal Lawyer said the accused men were indicted in Queens County charged with the crime of Criminal Sale in the First Degree, involving the $4,000 sale and the conspiracy which led up to that substantive crime. They were also indicted by the Nassau County Grand Jury for crimes involving the $32,000 sale, Criminal Sale of a Controlled Substance, Criminal Possession of a Controlled Substance and Conspiracy.

Published on: November 9, 2012

Defendant Retracts Her Confession

by Stephen Bilkis

On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. She was charged with criminal sale of a controlled substance in the third degree (drug possession) when an undercover police officer alleged in the complaint that she along several others, were selling narcotics from a first-floor apartment window of a building. The officer specifically alleged that the girl, who he saw at the window inside the apartment, handed three bags of crack cocaine to his colleague, who was standing on the sidewalk outside the window. The man then immediately delivered the crack cocaine in her possession to the officer.

In a separate complaint, a New York Criminal Lawyer said the girl was also charged with crack possession. Another police officer alleged that, at about the same time the sale occurred, he entered the aforementioned apartment and found the girl and a twenty-three-year-old man, inside. The officer further stated that he recovered fifteen clear bags containing crack cocaine sitting in plain view on the dining room table. While the police officers were in the apartment, the girl’s brother entered and asked what is going on. The brother was also arrested, along with the girl and the man.

The girl appeared for her arraignment and the court assigned the public defender organization to represent her. A very experienced staff attorney from the organization was designated to be the girl’s attorney. The attorney met with the girl to discuss the case prior to her court appearance. He went over the factual allegations in the accusatory instruments with her, and she then told the attorney her version of the events. When the girl appeared, she entered pleas of not guilty to all charges. The cases were deferred for grand jury action.

Published on: October 23, 2012

Defense Contends Unreasonable Delay in Sentencing

by Stephen Bilkis

Defendant is a violent predicate felon. On June 6, 1996, he entered a plea of guilty to the crime of assault in the second degree pursuant to Penal Law, Sec. 120.05(7), a subdivision which is applicable to assaults committed inside a prison facility. A New York Criminal Lawyer said he had been charged with three counts of this crime for viciously assaulting three correction officers with a sharpened toothbrush while being housed at the Rikers Island Correction Facility. At the time, he was incarcerated there under an earlier New York County indictment to answer for the crime of attempted rape in the first degree, more specifically, for forcibly throwing a woman to the ground on 42nd Street while shouting obscenities, demanding sexual intercourse and threatening death. With respect to the attempted rape charge, defendant, one-and-one-half years prior to the entry of the within plea entered a plea of guilty in satisfaction thereof. Despite the elapsation, now, of two years, he has yet to be sentenced in New York County.

A New York Criminal Lawyer said that, notwithstanding, and following four monthly adjournments before this bench, he claims a violation of C.P.L. 380.30(1), moving to divest the Court of jurisdiction that his conviction be vacated and the accusatory instrument dismissed. Defendant contends a failure to pronounce sentence “without unreasonable delay” has prejudiced him. By way of explanation, he sets forth that the 24 months of postponements of sentencing in New York County has been by acquiescence. The Court denied his motion.

The issue in this case is whether defendant is entitled to the dismissal of his case on the ground of failure to pronounce sentence without unreasonable delay.

Published on: October 6, 2012

Defendant Convicted of Intent to Distribute

by Stephen Bilkis

The defendant’s convictions arose from a series of drug transactions which began when a certain person contacted another person and informed the latter that he had heroin for sale. A New York Criminal Lawyer said the former was unaware that the latter was a confidential informant for the Drug Enforcement Administration (DEA). The parties and co-defendant agreed that the former would sell the informant 25 ounces of heroin for $6,000 per ounce. While the co-defendant was in Mexico he ran into the defendant who offered to drive him to Texas. He agreed and the two men drove to the border. As they approached the border the co-defendant told the defendant that he wished to walk across the border and would meet the defendant on the United States side. The defendant drove the vehicle across the border while co-defendant walked across carrying the one gram sample of heroin.

A Houston Heroin Possession Lawyer said that, the defendant and his co-defendant drove to the informant’s apartment where they met the informant and an Agent outside the apartment. The defendant and the Agent remained outside in their respective vehicles while co-defendant and the informant went inside. When the two men left the apartment the Agent saw co-defendant hand informant a piece of paper later found to contain .12 grams of heroin (heroin possession). The informant gave the paper to the Agent. Co-defendant, the informant and the Agent then discussed the purchase of a test ounce and the full 25 ounce shipment. The defendant drove the co-defendant to another apartment where he met with the certain John doe while the defendant remained outside in the vehicle.

Later that evening co-defendant and the informant took one ounce of heroin to the Agent’s motel room and sold it to him for $5,000 cash. Co-defendant returned to Mexico where he processed the remaining ounces of heroin. The defendant came into the apartment while this processing was being done. The next morning co-defendant secreted heroin in the stereo speaker of his vehicle. After doing so he asked the defendant for help in replacing the screws. The two men then drove to the informant’s apartment in the United States. While en route into town co-defendant advised the defendant that what he was doing was not honest and that he should not get involved in similar “deals”. A Nassau County Criminal Lawyer said when co-defendant and the defendant arrived at the informant’s apartment the defendant carried the heroin into the apartment. Later the three men left for the Agent’s motel with the defendant driving. Co-defendant, believing they were being followed, directed the defendant to return to the informant’s apartment. Co-defendant and the informant then drove to the Agent’s motel to deliver the heroin and the defendant left. Co-defendant was arrested as he delivered the heroin to the Agent. Defendant was arrested near Hidalgo, Texas.

Published on: October 5, 2012

Defendant Claims he was Denied a Right to a Speedy Trial

by Stephen Bilkis

On February 1986, there was a gathering of people in the apartment of a woman. The woman requested a man to bring to that event several glassine bags of a white powdery substance which the state asserts was heroin (heroin possession). At some time during the course of the evening the substance was injected into the body of the woman and her boyfriend. The next day, the substance was injected by two other men to their own body. One of the men took 11 envelopes after agreeing to help the man sell the substance. At about 4:00 p.m. that day, the woman became ill and died of causes apparently unrelated to the case and an investigation was conducted.

As a result of a search of the apartment, several items were seized including a piece of mirror with white powder residue, a box found in the medicine cabinet containing a black shoe lace, syringe, hypodermic needle and bottle cap cooker, an empty bottle cap found in the medicine cabinet, a syringe and needle found in a dresser drawer, and a plastic bag containing white powder which was found in a kitchen drawer. A New York Criminal Lawyer said after testing by a forensic scientist, only the bottle cap cooker tested positive for the presence of narcotics. The forensic scientist who performed the autopsy of the woman’s body found the presence of substances including quinine but no traces of the presence of either heroin or morphine.

The man and his companion were indicted for three counts of criminal sale of a controlled substance in the third degree and two counts of criminal injection of a narcotic drug. The man’s motions for severance were denied and a joint trial was held wherein the other man chose not to testify but the man testified on his own behalf.

Published on: September 29, 2012

Appellant Argues Sentencing Guidelines were Inaccurate

by Stephen Bilkis

In this case, a New York Criminal Lawyer said the Appellant sought review of the sentences imposed based upon inaccurate sentencing guidelines scoresheet, and a written probation order that included a condition which was not pronounced orally at the sentencing hearing.

The court reversed the sentence imposed and remanded the case for resentencing.

The predicate offenses, kidnapping and armed robbery with a weapon, were committed June 8, 1990. The guidelines scoresheet used at sentencing shows a total of 316 points, for a recommended sentencing range of twelve to seventeen years, and a permitted sentencing range of nine to twenty-two years. The trial court imposed a sentence of twenty years on the kidnapping conviction, and a probationary term of twenty years on the armed robbery with a weapon conviction. The probation was to be served consecutively to the kidnapping sentence.

Published on: September 26, 2012

Court Hears Cocaine Possession Case

by Stephen Bilkis

In this criminal case, the defendant was arrested by a Police Officer at 144th Street in Manhattan and charged with possession of a 9mm firearm. A New York Criminal Lawyer said that while en route to the 32nd Precinct, he initiated a conversation with the Police Officer in which he asked him to let him go and stated that he would help him by bringing in additional guns. They arrived at the precinct at approximately 7:50 p.m. and while the Police Officer elicited pedigree information, the defendant continued to talk about bringing in additional guns. The defendant, who was “kind of fidgety”, talked continuously and was “over-excited”, told the Police officer that he “used” heroin. At 9:05 p.m. A detective read Miranda warnings to the defendant.

The defendant indicated that he understood his rights and wished to answer questions. Thereafter, the Police Officer and the Detective spoke with the defendant intermittently. During this period the defendant also was questioned by homicide detectives from the 32nd Precinct. Thereafter, the defendant gave a detailed oral statement to the detective in whom he explained where and from whom he had purchased the 9mm weapon and said that he had purchased cocaine (cocaine possession) from the same location. At approximately midnight, the defendant made two telephone calls: one to his wife and the other to an unidentified male. He told the man that he had been arrested, that he was “working with some good police officers” and that the man should gather the guns and gave them to the defendant’s wife. The Police Officer told the defendant that he would tell the District Attorney’s Office that the defendant was cooperating. At approximately 2:00 a.m. the defendant’s wife arrived at the precinct and the defendant, in the Police Officer’s presence, instructed her to get the guns. At about 4:00 a.m. she returned to the precinct with a Cobray Mac 11 gun, a .380 caliber pistol and matching ammunition.

The defendant was then transported from the 32nd Precinct to Manhattan Central Booking for arraignment. He complained of being ill and asked to see a doctor. Central Booking, therefore, would not accept him and he was returned to the 32nd Precinct. A Nassau County Criminal Lawyer said the Police Officer filed a felony complaint on the arrest with the Manhattan District Attorney’s Office. The Warrant Officer again transported the defendant to Manhattan Central Booking. At 10:15 a.m. the Warrant Officer received a call from the Police Officer asking that he return the defendant to the 32nd Precinct and the former did so.