Drug Possesion

Published on: November 25, 2012

Court Determines an Error in Sentencing

by Stephen Bilkis

In this case, the appellant was tried before the court without a jury and found guilty of the crime of breaking and entering a dwelling with intent to commit a felony, to-wit, grand larceny, and of the crime of grand larceny. Separate sentences were imposed thereon for imprisonment for a period of three years, with provision for the sentences to be served concurrently.

A New York Drug Crime Lawyer said an appeal therefrom, it was contended that the court erred in denying appellant’s motion for acquittal on the ground of insufficiency of the evidence, and further that it was error to impose more than one sentence.

Upon review of the case, the court found no reversible error therein.

Published on: November 25, 2012

Appellate Court Agrees Trial Court Erred in Disallowing Expert Testimony

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York in New York County. The case involves the People of the State of New York versus the defendant Q.A..

Case Background

A New York Criminal Lawyer said on the second of June in 2005 at around 3:20 in the afternoon, F. U, who was thirteen years old at the time, was on her way home from school. She was going down the well lit stairs of the subway station near the corner of Essex and Delancey Streets in Manhattan. As she was descending the stairs a man she did not know approached her and asked for some change. The man stood face to face with her and she states that she did not think he was going to hurt her. She says that she looked directly at him and told him that she didn’t have any change.

Published on: November 24, 2012

Court Discusses Jury’s Pardon Power

by Stephen Bilkis

Respondent was charged with and convicted of robbery of property having a value of less than $100. At trial, he requested a jury instruction on petit larceny. The court refused the request, instead instructing the jury on attempted robbery. A New York Drug Crime Lawyer said that on appeal, the fourth district held that the failure to instruct on petit larceny was prejudicial error and reversed the trial court. On rehearing, the district court adhered to its original opinion and certified the question which the Court now considers.

A New York Criminal Lawyer said the issue in this case is, if a defendant is convicted by overwhelming evidence of a greater offense, and the jury is instructed on an attempt to commit that offense, is the failure to instruct on the next lesser included offense, which carries a penalty less than the attempt, harmless error under the 1978 case?

The Court said that in the 1972 case, the petitioners, who had been convicted of rape, raised as error on appeal the trial judge’s refusal to give instructions as to certain lesser included offenses to the crime of rape. We refused to disturb the trial court’s decision and held that although it was error to refuse to instruct the jury on the lesser included offense of assault and battery, it was, nevertheless, harmless error. In the said case we noted that the jury had been instructed on assault with intent to commit rape, which is “one step” below the offense of rape. The offense of assault and battery is “two steps” removed from the crime of which petitioners were convicted. Since the jury had been given the opportunity to reduce the rape charge one step, but had convicted petitioners of the more serious charge, we found that it was harmless error to fail to give the requested charge on the offense two steps removed.

Published on: November 24, 2012

Court Discusses Concept of Reasonable Suspicion

by Stephen Bilkis

In this criminal case, at the hearing, the People called two witnesses: New York Drug Enforcement Administration Special Agent Salvador Aceves, and New York City Police Department Detective John Reilly. The defense called no witnesses.

Agent Aceves testified that on April 3, 2008, he, along with his supervisor, K.B, and the members of his field team, conducted surveillance at West 225th Street and Broadway in Bronx County based on information received from an undisclosed source that a drug crime trafficking organization was planning to engage in a transaction that evening. A New York Criminal Lawyer said the agents were informed that the seller would arrive in a vehicle containing approximately ten to fifteen kilograms of cocaine and enter the Target parking lot located on West 225th Street near Broadway. With the cocaine remaining inside, the seller would give the vehicle to the purchaser, who would remove it, place the money inside, and return the vehicle.

A Bronx Drug Crime Lawyer said that, while conducting surveillance during the daylight hours of April 3, 2008, Agent A. observed individuals, who he referred to as the sellers; arrive in a black BMW, for the purpose of negotiating the transaction details he was advised would occur that evening. Agent A., however, neither identified those individuals nor provided a factual basis upon which to conclude they had engaged in negotiating the transaction.

Published on: November 24, 2012

People Move to Have Expert Testimony Precluded from Case

by Stephen Bilkis

The case involves the People of the State of New York against the defendant A.S.. The defendant has been charged with three robberies. He allegedly robbed a Gymboree store located on Third Avenue on the 18th of April, 2001 and again on the 15th of June, 2001. He is also charged with robbing the American Airlines office located on Broadway later on the same day of June 15th, 2001.

Case Background

On the 17th of June, an eyewitness a robbery at Gymboree picked the defendant’s picture out of a photo line up. A witness of the American Airlines robbery was shown the same group of pictures, but did not make identification.

Published on: November 23, 2012

Appellant appeals Rape Conviction

by Stephen Bilkis

The People of the State of New York are the respondents in this case. The defendant and appellant in the matter is E.M. The case is being heard in the Supreme Court, Appellate Division, First Department. The defendant is appealing an order made by the Supreme Court of Bronx County that convicted him after a jury trial of the crime of rape in the first degree and sentenced him to a lesser sentence concurrent with a conviction of rape in the first degree.

Court Records

A New York Criminal Lawyer said in review of the case it is found that the defendant offered statements to the court standing by his plea of guilty. He bargained for this plea and did not want to withdraw it. The statements made to the probation officer that were thought by the court to be a protestation of innocence were not inquired into the court in any extent. A New York Drug Possession Lawyer said the order of the court to vacate the guilty plea must be set aside in this particular case.

Published on: November 22, 2012

Court Hears Mental Hygiene Proceeding

by Stephen Bilkis

This is a matter being heard in the Supreme Court of the State of New York, Appellate Division, and Fourth Judicial Department. The case deals with the State of New York as the petitioner and respondent and N.W., who is also known as S.J., as the respondent and appellant.

A New York Criminal Lawyer said the respondent and appellant, S.J. is appealing a decision made in the Supreme Court of Chautauqua County that denied the motion made by the respondent/appellant to dismiss the proceeding.

Case Background

Published on: November 21, 2012

Court Decides Narcotics Sales Case

by Stephen Bilkis

A New York Criminal Lawyer said that in May 1990, members of the narcotics teams arrested three men for street narcotics sales to undercover police officers. In each case, both the arrest and the evident conduct constituting the crimes was charged occurred entirely within the county and pursuant to an agreement between the district attorney and the special narcotics prosecutor, the criminal actions were commenced by the filing of felony complaints in court.

A New York Criminal Lawyer said that all the three men were arraigned and their cases adjourned for action by the special narcotics grand jury and/or possible disposition by way of waiver of indictment and the filing of superior court’s information. The counsel orally moved for dismissal of the felony complaints on the ground that the court had lacked of geographical authority as defined in law. With the concurrence of all the parties, the court reserved decision and set a schedule for the filing of written motions and memoranda of law.

While the court was waiting from the city of New York’s response, the prosecutor presented the two men’s matters to a special narcotics grand jury. A true bill was voted with respect to each and the charges were filed. A New York Drug Possession Lawyer said the indictments are currently pending in other special narcotics Supreme Court parts. One of the men has actually entered a guilty plea to a lesser included offense. Consequently, the city of New York moved to dismiss the charges against the other men because the laboratory report showed that the items sold contained no controlled substance. Apparently, the motion was granted by the court.

Published on: November 21, 2012

Court Decides if Military Tribunal is Considered a Court of Jurisdiction

by Stephen Bilkis

This matter involves H.B. and L.C as the Judge of the Jefferson County Court as the respondents. The appellant in the case is J.K. as the Jefferson County District Attorney. The other case involves the respondents L.B. and L.C. as the Judge of the Jefferson County Court and J.K. as the Jefferson County District Attorney as the appellant.

The District Attorney of Jefferson County is appealing two cases. He is seeking to overturn the grant of writs of prohibition that prevent his office from prosecuting serious crimes that were committed by two solders on military property. The soldiers were off duty at the time.

The petitioner soldiers were tried and convicted by a general court martial for identical conduct that they were indicted for in Jefferson County. The issue in each of the cases is whether a military tribunal is considered a court with any jurisdiction in the United States. If a military tribunal is considered a court with jurisdiction than the double jeopardy protection laws of the state of New York would bar the successive prosecution of the issues in these cases.

Published on: November 20, 2012

Key Witness Recants Testimony

by Stephen Bilkis

Defendant is currently serving a prison term of twenty-five years to life, having been convicted of Murder in the Second Degree for shooting and killing Cesar Vasquez on the evening of July 16, 1991. Defendant and his co-defendant were convicted after a jury trial based on identifications made by a single eye witness, P.D. D., a woman with a lengthy psychiatric history, the details of which were largely unknown to defendant at the time of trial, testified that she looked out her fourth floor window at midnight and saw defendant and two other men with guns approach her building. As she ran downstairs she heard five gunshots and saw the back of the men as they left the scene. Although her fourteen year old son, G, was out on the street and witnessed the shooting, he was never called as a witness at trial.A New York Drug Crime Lawyer said the People did not present any physical evidence, motive evidence or any other evidence to corroborate Denor’s identification of defendant as one of the shooters.

D, a complete stranger to both defendants, has now recanted her trial testimony, claiming that she lied when she testified that she saw the faces of the shooters and identified them. A Nassau Criminal Lawyer said that, she now claims that she did not actually see and could not have seen the faces of the shooters and that she identified defendant based only on her observation of a photograph of him that she saw in the investigating detective’s car. Denor states that she falsely identified defendant out of a strong desire to protect her son, whom she believed was being threatened by detective Pezullo and whom she did not want to testify.

A Queens Criminal Lawyer said that, defendant moves to vacate his conviction pursuant to CPL §440.10 based primarily on Denor’s recantation. He argues that her recantation is newly discovered evidence that is credible and reliable and that if known at trial would have created the probability of a more favorable verdict to defendant.