New York

Published on: October 31, 2012

Defendant Claims Grounds for Indictment are Insufficient

by Stephen Bilkis

This is a case being heard in the Suffolk County Court. The case involves the People of the State of New York against the defendant K.M. The defendant has been accused of acting in concert with another in commission of the crimes of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree. K.M.has moved for the charges against him to be dismissed on the account that the indictment is defective and that it was not found on legally sufficient evidence.

Defendant’s Argument

A New York Criminal Lawyer said the defendant argues that the indictment is deficient as it fails to conform to CPL section 200.30, subdivision 7. This section requires that a plain and concise factual statement of each count must be made. It further states that the defendant must be clearly apprised as to the matter of the accusation that is made against him.

Published on: October 31, 2012

Court Decides Possible Acquittal by Reason of Mental Disease

by Stephen Bilkis

This case involves a matter of a recommitment proceeding in relation to Criminal Procedure Law in relationship to the respondent Francis S. The petitioners and appellants in this case are the District Attorney of New York County and the Commissioner for the New York State Office of Mental Health.

A New York Criminal Lawyer said the main issue before the court is whether an acquittal by reason of mental disease or defect of a person who has repeatedly violated the order of conditions that he gained upon release and who is still mentally ill, a poly substance abuser, given to acts of violence and still found to be not suffering from a dangerous mental disorder is appropriate.

Case Background

Published on: October 30, 2012

Court Rules on Probation Violation

by Stephen Bilkis

The People of the State of New York are the respondents of this case. S.H. is the appellant. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The defendant is appealing an amended judgment from the County Court of Suffolk County that revoked a sentence of probation that had been previously imposed by the same court.

Case Background

A New York Criminal Lawyer said the defendant pleaded guilty to a charge of burglary in the third degree on the 12th of March, 2003. He was sentenced by the County Court to a term of six months in the Suffolk County Correctional Facility. This was to be followed by five years of probation. There were terms set for his probation that included that he report as directed to his probation officer, submit to drug testing, and make reparations in the amount of $1000 plus a 5% surcharge to be paid to the Probation Department of Suffolk County.

Published on: October 30, 2012

Defendant Moves to Suppress Identification Testimony

by Stephen Bilkis

The defendant in this case is M.B. He has made an omnibus motion requesting several forms of relief. The People of the State of New York are the plaintiffs in the case. The County Court of the City of New York in Suffolk County is hearing the case.

Case Discussion

A New York Criminal Lawyer said the defendant’s omnibus motion has requested discovery pursuant to CPL 240.20. The People have answered that they have provided their entire discovery to the defense. The defendant has not submitted a reply to contest the sufficiency of the answer that was provided by the People. For this reason, it seems that the request has been complied with.

Published on: October 29, 2012

Court Determines if Evidence of Previous Crimes Can be Admitted

by Stephen Bilkis

The People of the State of New York are the respondents in this case. Peter Wayne Orth is the appellant. The case is being heard in the Supreme Court, Appellate Division, Second Department. A New York Criminal Lawyer said the defendant is appealing a judgment made by the Supreme Court of Suffolk County that was rendered on the 8th of March, 1977. The judgment convicted the defendant of robbery in the first degree upon a jury verdict. The defendant has two other orders from the same court, one from the 15th of October 1979 and the other from the 5th of January, 1982, both denying the motion for the judgment of conviction to be vacated and the indictment dismissed.

Case Background

The defendant has been convicted of a robbery that took place at a drugstore in Babylon. During the course of the robbery both drugs and money were stolen.

Published on: October 29, 2012

Court Discusses Mental Hygiene Law

by Stephen Bilkis

This is a case of the People of the State of New York versus the defendant, G.R. The case is being heard in the Criminal Court of the City of New York in Bronx County. The defendant has moved to set aside the sentence that has been imposed on him. He basis his argument for this motion on the ground that the sentence was unauthorized, illegally imposed, or otherwise invalid as a matter of the law.

Court Discussion

The instant case at hand deals with the Mental Hygiene Law. This law was originally enacted in April of 1966. The purpose of this law was to provide a comprehensive plan that covers the care, treatment, and rehabilitation of narcotic addicts.

Published on: October 28, 2012

Appellate Court Reverses Indictment for Larceny Charges

by Stephen Bilkis

The respondent and defendant in this case is M.K. The People of the State of New York are the appellants in the case. The Court of Appeals in the state of New York is hearing this case. There were two indictments filed against the defendant, Kirkup, in the Extraordinary Special and the Trial Terms of the Supreme Court of Suffolk County. Indictment 7256 charged the defendant with committing the crime of conspiracy. Indictment 7258 charges the defendant of violating section 1864 of the Penal Law.

Case Background

A New York Criminal Lawyer said the People of the State of New York submitted evidence to the Grand Jury that showed that A.F., who is a pharmacist that operates a small retail drug store in Suffolk County along with his successors in interest had ordered drugs from pharmaceutical houses solely for the use of the Suffolk County Home, but in actuality for selling to the public.

Published on: October 27, 2012

Court Rules on Use of Public Health Law

by Stephen Bilkis

This is a matter dealing with an application made by P.H., the District Attorney of Suffolk County. He has entered a petition for a judgment and determination of forfeiture under Article 33, Section 3388 of the Public Health Law of the State of New York. The respondent of the case is S.C. The case is being heard in the Supreme Court of the State of New York, Criminal Term in Suffolk County, Part II.

Case Background

A New York Criminal Lawyer said on the 3rd of September, 1980, the defendant – respondent S.C entered a plea of guilty to criminal sale of a controlled substance in the third degree. This plea satisfied the seven charges that were made against him in an indictment. The defendant was then sentenced to a term of imprisonment of one to three years.

Published on: October 26, 2012

Court Discusses CASAT Treatment Program

by Stephen Bilkis

This is a matter of an application made by the petitioner Ronald M. in regard to a judgment that was filed in the Franklin County Clerks office on the 29th of January, 2008. The respondent in the case is Brian F. who is the Commissioner for the NYS Department of Correctional Services. The case is being heard in the Supreme Court of the State of New York located in Franklin County.

Case Background

A New York Criminal Lawyer said on the 21st of November, 2006, the petitioner was sentenced in the Suffolk County Court as a second felony offender. His sentence was set at five years with two years of post release supervision. This sentence was for his conviction of the crime of criminal possession of a controlled substance (drug possession).

Published on: October 26, 2012

Court Dismisses Indictment Against Defendant

by Stephen Bilkis

This is a case of appeal by the defendant J.T.. The respondent of the case is the People of the State of New York. This case is being heard in the Supreme Court, Appellate Division, Second Department. The defendant is appealing a judgment that was made in the Supreme Court of Suffolk County. The judgment was rendered on the 19th, 1989 and convicted him of the criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree.

Case Background

A New York Criminal Lawyer said on 1985, the defendant, J.T., and his business partner ran a successful roofing business in Suffolk County. They had the business for several years. For several years the defendant, his wife, his business partner, and several of their mutual friends were weekend cocaine users. The defendant used one gram of cocaine a week and this was supplied to him by his business partner.