New York City

Published on: April 21, 2012

Court Discusses Jurisdiction of Integrated Domestic Violence Court

by Stephen Bilkis

A man was charged on one count of harassment in the second degree alleging an act of domestic violence against the complainant. Consequently, the man served an action on the district attorney while the court action was pending. The three petitions were concurrently pending in the family court between the man, the complainant and a third family member concerning the custody of the man and complainant’s child. The pending decision of the criminal and family court matters with the underlying issue prompted a screening by the Supreme Court and its integrated domestic violence (IDV) part in the county. After the screening, the court determined that the transfer of the family’s cases to the IDV was appropriate by finding that it would promote the administration of justice.

The man moved for dismissal of the charged on one count of harassment in the second degree alleging an act of domestic cruelty against him and asserts that Supreme Court lacks an essential subject matter authority citing criminal procedure law. A New York Criminal Lawyer said the man also argued that irrelevant offenses charged as a sole count in a legal document may not be tried in the Supreme Court unless the offense is charged in an allegation that also charges a crime. The man further relies on the recent Court of Appeal’s decision that supports his dismissal request.

The man also claims that to understand the provisions of the constitution to grant the transfer of authority to the Supreme Court IDV part and to transfer a sole count of a violation level offense would support an improper use of the court’s resources and gives the court’s unarguable subject matter authority over more serious offenses.

Published on: January 7, 2012

Man Arrested in Child Abduction Case

by Stephen Bilkis

A man who was wanted in connection for abducting his son was arrested in February by agents of the U.S. Marshalls Service, sources told a reporter. The man is waiting to stand trial on charges of interference with child custody and contempt of court. The contempt of court charge is reported to be a violation of probation that was part of a previous charge of domestic violence.

The incident began innocently enough in October 2010 when the 46-year old man picked up his son at his ex-wife’s residence. The former couple shared custody of their son, and this was a part of the scheduled weekend visitation that was included in their divorce settlement, sources informed a friend.

Based on the police reports, it appears that things went wrong just before the man was to return his son to his mother. He had just discovered that a civil warrant had been issued for his arrest for failing to follow the terms of the divorce. It is unknown at this moment what stipulations of the divorce that he violated. Sources further add that when he was en route to returning his son that he observed a deputy in the area near to her home. It is thought that he then panicked and fled with his son. Sources have been unable to confirm or refute whether the deputy was in the area looking for him, or if the deputy was simply on routine patrol.

Published on: August 2, 2011

Abused Toddler Suffers Brain Damage

by Stephen Bilkis

The mother and aunt of a baby girl from Colorado Springs are accused of taping the child’s wrists, ankles, eyes and mouth with tape and then leaving her in a running shower. They are charged with attempted murder, and their trial is set to proceed.

The 19-year-old mother and 50-year-old aunt were in court last Friday for the preliminary hearing. It was there decided that enough evidence is available to proceed with a trial. In addition to the attempted first degree murder charge and child abuse, the mother has also been charged with two counts of crime of violence, each of which carry a sentence of up to 48 years in prison. A New York Criminal Attorney says that if found guilty, the young mother could spend the rest of her life in jail.

The 20-month-old victim is still in the hospital. She suffered brain damage from the abuse.

Published on: June 17, 2011

Killer in The Bronx Also Mutilates Girlfriend’s Body

by Stephen Bilkis

The suspect in the case of a man who stabbed his girlfriend to death did not only stab her. He didn’t even try to merely decapitate her. He attempted to destroy her face as well.

“It was pure anger,” a police source told New York Criminal Lawyers. The victim’s body was found, covered with blood, in an apartment on the Lower East Side. “He didn’t want her to leave and he didn’t want her to be beautiful for anyone else.”

According to the police, the 33-year-old suspect used several knives to slash his 23-year-old girlfriend, in a fit of rage. At one point, he cut her so hard that the tip broke from one of the blades.