Westchester County

Published on: April 28, 2012

Burglary Leads to Death of Police Officer

by Stephen Bilkis

Defendant was convicted of murder in the second degree, burglary in the second degree, grand larceny in the second degree, possession of burglar’s tools, possession of a weapon in the third degree and unlawful possession of noxious materials.

A New York Criminal Lawyer said that the crime started out as a simple burglary but led to the death of a police officer.

The facts dictate that a police car pulled into an alleyway and a police officer shone a flashlight at defendant. She then got up and walked over to the police officer who asked her what she was doing there. She replied that she was looking for her cat. The police then asked for some identification and she presented an address book, but her name was not in it.

Published on: April 27, 2012

Court Discusses Miranda Warning at DWI Stop

by Stephen Bilkis

Driving while Intoxicated or Driving Under the Influence of alcohol or drugs has become a more commonly charged offense than it has ever been. The reason for this is that the legally intoxicated limit has been substantially reduced in recent years. A New York Criminal Lawyer said the current intoxicated level is .08, but someone with an even lower limit can be charged with DUI if there are circumstances where the officer can prove that the driver was acting in a less safe manner. What that means is that even if the person exhibits no symptoms or behaviors of being intoxicated, the officer can charge them with DUI if they can show that the driver was less safe. What does a court consider less safe? It can be anything from missing a stop sign to having a fatal car accident. Less safe has not been sufficiently defined so that anyone can reasonably protect themselves from this type of charge.

There are several rules that anyone should know when it comes to being charged with DUI or DWI. The first is that the officer is supposed to have articulable suspicion to stop your car. Articulable suspicion means that the officer has observed driving mannerisms that either do constitute a traffic violation, or indicate that the driver may be impaired. Either way, the officer must show that he or she had a reason to stop the car. If there is no reason, or the reason is improper, everything after the stop is inadmissible in court.

Also, as soon as a police officer makes contact with a driver, they are attempting to determine if that driver is intoxicated or not. In order for a police officer to arrest a person for an offense, they must have probable cause to believe that that person is involved in a criminal pursuit. In the case of DUI, the officer must prove that he has probable cause to believe that the driver is intoxicated and less safe to drive the car.A Queens Criminal Lawyer said that means that all voluntary tests requested of you on the side of the road, are designed not to prove your innocence, but rather to obtain probable cause to place you under arrest.

Published on: April 25, 2012

Injured Security Guard Seeks to Make Worker’s Compensation Claim

by Stephen Bilkis

A telecoms company owns the premises leased by an out of possession landlord. The telecoms company contracted a security agency for their security services including the presence of a security guard in the premises. The premises had been a victim of gun crime robbery and homicide. A New York Criminal Lawyer said the assigned security guard was shot in his stomach, inside the premises, by an unknown attacker during a robbery and died of his wounds later that evening. He was employed by the telecom’s parent company. The security guard’s estate sued the landlord and the telecoms company for negligent security and wrongful death, and the security guard’s father sued for loss of his son’s services.

The assailant was forcing a customer and the security guard to the rear of the store with the gun in the back of the customer, when the gun went off grazing the customer and hitting the security guard. He died shortly after arriving at the Hospital.

According to the depositions of the store manager, everyday during closing time, a cashier at the store followed various procedures, which included bringing into the store a coin-operated kiddie rides about 30 minutes prior to closing, and then lowering various gates about 15 minutes prior to closing.

Published on: April 23, 2012

Court Decides Whether to Evict Domestic Violence Offender from Subsidized Housing

by Stephen Bilkis

A woman from New York filed an action against the Chairman of the Housing Authority that owns and operates her apartment. The woman challenge certain policies, proceedings and practices of the Housing Authority and to compel them to establish specific criteria and definitions of non-desirability and clear guidelines and criteria for deciding to terminate, transfer or continue the tenancies of certain tenants. A New York Criminal Lawyer the petition filed by the woman also seeks to dismiss the charges pending against her in a Housing Authority hearing that terminated her tenancy.

Following a disturbance in the woman’s apartment allegedly caused by her onetime and allegedly current boyfriend, the Housing Authority gave a notice to the woman that it would commence a proceeding to terminate her public housing tenancy because she never obtained permission for her boyfriend to live in her apartment. The Housing Authority also said that the woman’s boyfriend had committed domestic violence in the apartment and the woman refused to exclude his boyfriend from the building. Prior to the adjourned date for the hearing on the charges, the woman commenced a proceeding to prevent the Housing Authority from proceeding and asserting various lawful grounds. The Court initially stayed the Housing Authority hearing for a fixed period to consider the woman’s assertions but after subsequently considering the submissions of the parties, the Court did not extend the stay after such period and the stay has expired.

The Housing Authority claims in their petition that multiple dwellings such as the project in which the Apartment is located are densely populated, unacceptable behavior of tenants can have a serious impact on the ability of other tenants to be secure in and enjoy their homes. To prevent disruptive tenants from adversely affecting the other tenants in its projects, the Housing Authority has developed a series of criteria relating to tenant behavior and conditions the continuation of a tenant’s tenancy on adherence to these rules. Serious violence and material criminal activity by a tenant or a member of a tenant’s household in a tenant’s apartment are generally proscribed and their occurrence will support a tenancy termination.

Published on: April 21, 2012

Couple Try to Back Out of Giving Child Up for Adoption

by Stephen Bilkis

A 22-year old black woman became pregnant by her 23-year old boyfriend. At that time, the mother was teaching at a Christian school by day and she was studying at a community college to earn a degree as a medical assistant. Her boyfriend was working for a large retail company but he was working toward a degree in automotive mechanics.

A New York Criminal Lawyer said both the woman and the man lived with their families. The woman had a two-year old daughter who lived with her and the man had a three year old son who lived with his ex-girlfriend but the man enjoys joint custody and regularly paid child support for his son.

While the woman was pregnant, she responded to a personal advertisement in a newspaper placed by a single woman who wanted to adopt a baby. The woman and the pregnant lady spoke to each other over the phone and they met several times. Both the pregnant woman and her boyfriend liked the woman and were willing have their baby adopted by the single woman.

Published on: April 20, 2012

Should Lawyer Involved in Domestic Violence be Suspended?

by Stephen Bilkis

A lawyer was admitted into the practice of law in New York in December 7, 2006 and he has been practicing as a lawyer in New York since that tiime . Sometime in October 4, 2007, he assaulted his live-in girlfriend. He threw her repeatedly onto the floor. He slapped her on the face repeatedly while screaming that she was a slut and a whore. The girlfriend sustained injuries that required a medical attention.

A New York Criminal Lawyer said after he assaulted his girlfriend, he smashed her Cartier watch with a hammer. He took her designer purse and filled it with water. He punctured a painting that belonged to her and he sprayed her couch with water and oil.

He was charged with assault and with criminal destruction of property. He pleaded guilty to the assault and entered a plea bargain agreement where he promised to pay the damage to his girlfriend’s property in the amount of $8,000.00. He was sentenced to ten months imprisonment and he served six months of that sentence in jail. A final order of protection was entered against him.

Published on: April 19, 2012

Court Discusses the Legal Concept of Asportation

by Stephen Bilkis

On October 23, 1974, a resident of 272 Pennsylvania Avenue , in the County of Kings, stated that he returned home from work at about 12:05 AM. He stated that he parked his car in his parking spot and started to walk towards the side entrance of his building. He stated that as he approached the door, the defendant came out from behind another car and started to follow him. He stated that the defendant threatened him and he began to run. The defendant chased him and put a knife to his throat. He forced the man into the lobby of the building. Once in the lobby, the defendant removed the victim’s ring, watch and money from his wallet. They were in the lobby for about five minutes before the victim’s wife came in. The defendant told the victim that he was going to have to get him out of the situation.

A New York Criminal Lawyer said the defendant then forced the victim and his wife back out to their car by holding the knife to the victim’s chest. He forced them in to the car and drove away with the victim’s wife driving. The defendant told them that he had six or seven children that he could not take care of and that was why he was robbing them. The wife began to cry and he told her to pull over. He started to drive. He did not know how to drive and nearly hit a bus before stopping and taking the keys. He put them outside of the car near a pole and fled on foot. The couple was inside of the car with the assailant for about ten minutes.

The question of law is whether the ten total of 15 minutes being held by the defendant was enough to constitute the crime of kidnapping. There was also some discussion about whether the crime was actually a drug possession crime. New York maintains that if the holding of the person against their will is an integral part of the execution of a greater crime, then the crime of kidnapping is absorbed into the other crime and not charged separately. The question rests on a legal term called asportation. Asportation is the removing a person to another locality.

Published on: April 17, 2012

Husband and Wife Both Seek Custody of Children

by Stephen Bilkis

A woman and his partner both filed for child custody petition in Court. The woman was born and raised in Florida where she lived with her mother and father until her parents divorced. She continued to live with her father until she was 22 and got her own apartment. The woman’s partner was born in Puerto Rico and was raised in Bronx. He has been living in New York for the past 10 years. The parties met on line in 2002 and they actually met in person when the woman came with a friend in New York for vacation. A New York Criminal Lawyer said in May 2004, the woman invited the man down to Florida for the weekend and their relationship became intimate. At some point during their relationship, the parties made the decision to have a child together.

In October 2004 the woman learned she was pregnant and that same month, the man took his two-week vacation and went to Florida to be with the woman. He brought his daughter with him and they discussed the possibility of him moving to Florida. While he was there, he looked for a job by posting his resume on a Web site and checking the local newspapers. The father got a couple of calls but when he went to be interviewed with the County school for a job as a locksmith, he was told that he was overqualified for he was making $17 an hour at his job in New York and they were offering only $10 an hour. A Westchester County Criminal Lawyer said that alhough he said he would start at any entry level, he was not offered the job.

At the end of 2004, the woman was terminated from her job as a general claims clerk in Florida for taking more time off than her allotted annual leave would cover. Although the father admitted they had plans to move, after she lost her job, he told her they would live better in New York since he had a stable job and stable home. The man’s mother would provide childcare, and he does not want anyone but family to care for their son. The woman never wanted to move to New York but agreed to do so because she felt that it would be only temporary until they have saved money for a house and move back to Florida. The woman admitted that her partner never gave her an exact time frame but she assumed that it would be within a few years.

Published on: April 16, 2012

Court Claims Jurisdiction in Domestic Violence Matter through IDV Courts

by Stephen Bilkis

A man was charged with the offense of harassment in the second degree. Subsequently, the court issued an order of protection directing the man to stay away from the complainant and refrain from harassing, intimidating, threatening her, or committing any acts of domestic violence. After that, a misdemeanor charge of criminal contempt in the second degree was commenced against the man alleging a violation of the order of protection. Consequently, the man initiated a matrimonial action against the complainant.

A New York Criminal Lawyer said the court having been assigned to the related matrimonial action, determined that it would promote the administration of justice to transfer to the Integrated Domestic Violence (IDV) part the charges pending against the man in the district court and by the order the district court, the matters were transferred to the IDV Part.

The man now moves for an order to dismiss the district court cases for lack of subject matter of authority. The man alleges that criminal procedure law mandates the dismissal of the cases transferred from the district court. The man’s motion is determined. A Westchester County Criminal Lawyer said the discussion of the man’s contentions begins with an assessment of the legal authority of the courts.

Published on: April 11, 2012

Court Decides if Defendant is Guilty of Criminal Mischief

by Stephen Bilkis

The accused defendant is charged with assaulting his former girlfriend in the presence of their three children. The trial testimony established that during the assault, the victim attempted to call 911 for police assistance (using a land-line telephone) and she made a very brief initial contact, but was then immediately thwarted by defendant, who bound the victim’s wrists with the telephone cord and then slammed the telephone on the victim’s hands/fingers as she tried again to dial 911. At some point, however, during the incident the abused victim was able to complete a 911 call using the same telephone.

A New York Criminal Lawyer said the jury acquitted defendant of assault in the third degree but convicted him of attempted assault in the third degree, three counts of endangering the welfare of a child and criminal mischief in the fourth degree; the last one is the subject of defendant’s instant motion.

The primordial issue in is whether or not the evidence adduced at trial was legally sufficient to establish the necessary elements of criminal mischief in the fourth degree.