Criminal Procedure

Published on: July 17, 2012

Defendant Claims he was Denied a Right to a Speedy Trial

by Stephen Bilkis

The genesis of the proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether the man’s statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the jurors to determine whether they had read an article in a prominent newspaper about the trial on the day it commenced.

A New York Criminal Lawyer said while awaiting trial on his case, the man was arrested for an attempted murder and rape. When arrested, the man gave his name, his date of birth and his residence in Kings County, and his prior residence in Manhattan. He claimed that he had a wife who lived in Bronx. The man was tried but the jury, however, could not reach a verdict, and a mistrial was declared.

The man, under the different name, was convicted in Queens County of attempted murder and rape, and sentenced to a term of 10 years. He pleaded guilty in his case, with the understanding that he could seek to have his plea vacated if his conviction in Queens were reversed on appeal. The man was sentenced to a term of 10 years, which was to run concurrently with the term imposed on the Queens County conviction.

Published on: July 16, 2012

Defendant Claims No Probable Cause for Arrest

by Stephen Bilkis

The plaintiff in this case is Julius Bailey. The defendants in the matter are the Suffolk County Police Department and the Suffolk County Legal Department. The case is being heard in the District Court of Suffolk County in the state of New York. Judge C. Stephen Hackeling is overhearing the case.

A New York Criminal Lawyer said the plaintiff is seeking to recover $1,492 for damages sustained to his vehicle while it was in the custody of the defendant, the County. The County has placed an application through the court to have the complaint against them dismissed. This application has been deferred and will be decided along with the small claims action of the case.

Case Facts

Published on: July 15, 2012

Court Hears Case Involving Wire Fraud

by Stephen Bilkis

The plaintiffs in this case are Michael and Mary Marcantonio. The defendants in the matter are Michael Picozzi, III, Viola, Benedetti, Azzolini & Morano, LLC, Project Real Estate, Inc., and John McHugh. The case is being heard in the Supreme Court of the State of New York located in Nassau County. Judge Michele M. Woodard is hearing the case.

Case Information

In the first motion sequence the defendants Michael Picozzi, III, and Viola, Benedetti, Azzolini & Morano, LLC have moved to dismiss the complaint on the grounds that there is no cause of action stated.

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 14, 2012

Attorney in Case Charged with Perjury

by Stephen Bilkis

This matter deals with David A. Appell, who is an attorney and the respondent in the case. The petitioner in the matter is the Departmental Disciplinary Committee for the First Judicial Department. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, First Department.

This is a disciplinary proceeding that has been instituted by the Departmental Disciplinary Committee for the First Judicial Department.

Case Background

Published on: July 13, 2012

Plaintiff Requests Punitive Damages in White Collar Crime Case

by Stephen Bilkis

The plaintiff in the case is Joachim Harris. The defendants in the case are Chandra M. Young, et al. The case is being heard in the New York State Supreme Court. The Honorable Melvin S. Barasch is the justice hearing the case.

Case Facts and Background

A New York Criminal Lawyer said the action in this case comes from the sale of a real property that was owned by the plaintiff. The property is located at 176 Malta Street in the city of Brooklyn. The plaintiff sold the property to defendant Michael Greene on the 24th of August, 2001. The price was $255,000. The plaintiff states that he was defrauded by the plaintiffs as they withheld all but $180,000 from the sale of the home.

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

Plaintiff Alleges Racketeering Crimes

by Stephen Bilkis

Arlene Lichtenstein for herself and as the Administratrix of the Estate of Irwin Lichtenstein, deceased, is the plaintiffs in the case. The defendants in the case are Alfred Polizzotto, Florence Polizzotto, Sol Cohen, Al Gallo, and Rosemary whose last name is not known. John Doe 1, 2, and 3 are also defendants in the matter. The case is being heard in the Supreme Court of the State of New York located in New York County. Judge Peter Tom is overseeing the case.

The defendants have moved to have the amended complaint against them dismissed. They state that the complaint does not state a cause action as determined by the Racketeer Influenced and Corrupt Organizations Act.

The plaintiff is accusing the defendant Alfred Polizzotto of converting the assets of the plaintiff and the assets of the Estate of Irwin Lichtenstein for his own personal benefit and use. The plaintiff states he was acting in concert with the other defendants in the matter.

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