Queens

Published on: October 22, 2012

Court Looks at Elements of Burglary

by Stephen Bilkis

Sometime on July 14, 1995 at 11:30 pm two police officers were in a police cruiser and they were parked with the headlights turned off. A New York Criminal Lawyer said they were observing two men outside an auto mechanic’s garage which was already closed for the night. The two policemen were observing two men who were circling around a parked Chevrolet outside the auto mechanic’s garage.

A little later, the two men took out tools from a tool box they carried and they started removing the hub caps and the lug nuts of the parked car. A while later they were able to remove all the four tires of the car. They took the tires and the hub caps and loaded these into the trunk of their own car. Before they could start their engine the police officers came towards them and declared them arrested.

At the police station, the police officers charged the men for burglary, for possession of tools for burglary and for burglary of a conveyance. The two men pleaded not guilty and they also filed a motion to dismiss the two charges for burglary and the possession of burglary tools.

Published on: October 20, 2012

Court Discusses Elements of Grand Larceny

by Stephen Bilkis

On the night of the accident, a city police officer, while in his patrol car, stopped a man’s automobile in the area where the breaking and entering had occurred. An officer with the sheriff’s department saw a record player, a record player stand, assorted women’s clothing, and a rifle in the rear of the man’s vehicle. After the man was arrested, he tried to hide some cuff links, a watch, a ladies’ wrist watch, and other items.

The victim, whose home was broken into, identified several items in the man’s automobile that had been stolen from her home, including a white sweater, a three-piece suit, a stereo, and a watch. She estimated the value of the said items.

A New York Criminal Lawyer said the man was tried for and convicted of the crime of breaking and entering with the intent to commit grand larceny. But appealed from the decision and sentence based upon a jury verdict.

Published on: October 14, 2012

Court Discusses Petit Larceny Case

by Stephen Bilkis

An accused man filed for an appeal from a final judgment of his conviction and a sentence of three years probation entered by a jury decision finding him guilty of two counts of grand larceny. A New York Criminal Lawyer said the district court however reviewed the record and reveals that the man’s opponent did not show, as set forth in the information, that the property specifically a hubcaps at the time it was stolen had a fair market value of one hundred dollars or more.

The man was charged with three counts of grand larceny and the trial court granted a directed decision of acquittal as to one of the counts. The remaining two counts charged the accused man with unlawfully and feloniously stealing of hubcaps (petit larceny), valued at $100 or more, from the lawful custody of a man and a woman. With a three day trial, the jury returned a verdict of guilty on the two counts. After that, the trial court entered a final decision of conviction and sentence the man of three years probation from which he brought the appeal.

The man contends that his opponent failed to prove by competent substantial evidence, as to one of the counts, the ownership of the stolen property and, as to both of the counts, that the fair market value of the property was $100 or more at the time it was stolen.

Published on: October 7, 2012

Court Listens to Bank Fraud Case

by Stephen Bilkis

A motion was filed by the defendant for summary judgment of the case in its favor. The plaintiff is a Swiss bank that filed a case against the New York Company who committed bank fraud, particularly, fabricated and sold the promissory notes of the bank amounting to $5 million. A New York Criminal Lawyer said the Swiss bank further alleged that the notes sold by the company defendant was part of a global fraud scheme to raise funds in favor of an Italian food conglomerate as payments of loan by the former to the latter.

The bank fraud was conducted through issuance of the notes by one of the company’s subsidiary in Uruguay, which was then sold to a defendant’s affiliate where the Swiss bank purchased the promissory note. The note is with attachments of a guarantee of payment executed by the subsidiary company and a side letter from the affiliated company. The letter contained a certification that the proceeds of the notes will be used to finance the expansion of the Italian food conglomerate and for the upgrade of its industrial plants at various South American countries.

However, during the time of the purchase of the notes, the food conglomerate financial conditions were worsening and the governments of Brazil and Italy conducted criminal investigations of the Italian food conglomerate financial structure due to the financial distress status of the company and such became a public knowledge. The notes purchased by the plaintiff matured in 2004 but have not been repaid. One of the issued notes was then sold to the bank’s affiliate. The Swiss bank also filed a claim on the notes in the bankruptcy proceedings commenced by Italy against the Italian food conglomerate.

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.

Published on: September 22, 2012

Court Hears Murder Case

by Stephen Bilkis

A man who owned a bar saw two of his customers having an argument while inside the bar. He went over to them and told them to take their argument outside. The two men left the bar and stayed on the sidewalk just outside the bar and the argument escalated into a very heated argument. A New York Criminal Lawyer said tne man pushed the other man down. The man who pushed the other drew a gun from his backside and fired into the crown inside the bar which by then was rubber-necking the argument outside. A patron inside the bar got hit when the ma outside fired into the bar. That man lay seriously wounded on the floor of the Bar.

Unnoticed by the man outside the bar, a police officer on beat patrol heard the commotion and the shots fired. On the other side of the street, as the gunman fired into the bar, the police officer engaged the gunman in a gunfight. A few seconds later, a car pulled up near the gunman and the gunman got inside the car. The police officer gave chase while still firing upon the car.

In the meantime, when the bar keeper and owner of the bar heard that shots were fired by the gunman outside the bar, he went behind the bar and took out his shotgun. When he heard the screeching of the tires on the street, he came out of the bar and stood next to the police officer. He fired his shotgun at the car.

Published on: September 18, 2012

Defendant Contends Line of Questioning was Prejudiced

by Stephen Bilkis

A man was arrested and charged with criminal heroin possession and sale sometime in August of 1973. The man stood trial and opted to testify in his own behalf. A New York Criminal Lawyer said he testified that the police officers who arrested him pressured him into becoming a police informant. He also testified that when he refused to be a police informant, the police officers threatened him with bodily harm.

He testified also on direct examination that he had never been convicted of any drug crime in the past. He denied having ever dealt drugs on the street. He also vehemently denied that he ever committed criminal heroin possession and sale as testified to by the police officers when they testified for the People. The district attorney began his cross-examination by asking the accused if he has ever had any criminal conviction at all prior to his arrest. The accused admitted that he was convicted as a youthful offender. The counsel for the accused did not object to the line of questioning that touched on the past criminal convictions of the accused.

The records show that the district attorney during the cross-examination of the accused asked him if he has ever in his life seen heroin. The accused answered affirmatively and asserted that he was a former heroin addict. It was at this time that the district attorney cross-examined the accused on his heroin usage in the past. The lawyer for the accused did not object to the district attorney’s line of questioning. The district attorney proceeded to question him as to the extent of his heroin usage. The accused admitted that he sniffed heroin intermittently until he was arrested. He also admitted that prior to that, he used to smoke marijuana.

Published on: September 15, 2012

Court Decides Drug Charges

by Stephen Bilkis

On November 29, 1976 petitioner was indicted with a drug crime in the United States District Court, District of New Jersey, and charged with several counts, the first of which alleged that from January 1, 1976 to November 18, 1976 certain defendants, including petitioner, “did knowingly and wilfully combine, conspire, confederate and agree together with each other and others to manufacture, possess with intent to distribute and to distribute methamphetamine hydrochloride, a schedule II controlled substance”. In December, 1976 petitioner was indicted by the Sullivan County Grand Jury and charged with three counts, the first being cocaine possession of a controlled substance (methamphetamine); the second being conspiracy to engage in the illegal manufacture, possession and sale of methamphetamine; and the third being criminally using drug paraphernalia for the purpose of preparing methamphetamine.

Petitioner entered a plea of guilty to the first count of the Federal indictment and was sentenced to an indeterminate period of imprisonment, with a maximum of three years. Petitioner has commenced this proceeding to prevent respondents from prosecuting him on the Sullivan County indictment.

A New York Criminal Lawyer said the respondents concede that petitioner’s plea to the Federal conspiracy charges precludes prosecution upon the conspiracy count of the Sullivan County indictment. There remains, however,the charges of criminal possession and criminally using drug paraphernalia.

Published on: September 10, 2012

Defendant Contends Court in Violation of 5th Amendment

by Stephen Bilkis

The facts of these “buy-and-bust” cases are straightforward. In this case, an undercover narcotics officer approached a man entering a store in Manhattan and asked where he could purchase drugs. Without answering, a the man walked over to defendant, asked him if he had “anything” and told him that the undercover was “looking.” Defendant said “you know how it works.”

Defendant then whistled across the street to defendant and raised two fingers. Defendant instructed the officer to follow the man across the street to a Chinese restaurant around the corner from a school. The two men entered the restaurant with defendant following behind them. Inside the restaurant, the man told defendant said to “give the officer one and to give me one too.” After handing the man a “small object” in exchange for a sum of money, defendant asked the officer, “how many do you want?” The officer replied, “one,” and handed Sepulveda $10 in prerecorded buy money in exchange for a glassine of heroin.

After the sale, the officer radioed the field team that he made a “positive buy” and gave a description and location of the sellers. Within minutes, the field team arrived at the location and apprehended both defendants, both of whom matched the descriptions given by the undercover officer. Shortly thereafter, the undercover officer made a drive-by confirmatory identification of both men. Although the arresting officer recovered heroin (drug possession) and prerecorded buy money from no drugs were recovered from defendant.

Published on: September 2, 2012

Court Decides Defendant Should be Offered the Judicial Diversion Program

by Stephen Bilkis

A hearing was held on the accused man’s request to enter the Judicial Diversion Program. The man has been charged in a 23 count indictment with 21 counts of criminal possession of a forged instrument, one count of grand larceny and one count of scheme to defraud. Both the State and the defense counsel have submitted post-hearing memoranda of law on the issue of the man’s eligibility for judicial diversion.

The State argue that the man may not be considered an eligible accused as that term is defined in the criminal law, since only one of the counts contained in the 23 count indictment would render him eligible for Judicial Diversion. The State oppose the man’s participation in Judicial Diversion, asserting that since he has been charged with numerous offenses in the indictment which are not listed in the Judicial Diversion statute, it renders him ineligible for the program.

The man contends that he is eligible for the Judicial Diversion Program because he is charged with grand larceny, which is an included offense under the statute. A New York Criminal Lawyer said he argues that the statutory language of the Criminal Procedure Law does not exclude his participation simply because he is also charged with offenses which fall outside the statute. None of the other offenses he is charged with in the indictment are specifically listed in the Criminal Procedure Law as offenses which would exclude him from the program.