Drug Possesion

Published on: May 31, 2012

Defendant Contends Penal Law Unconstitutional

by Stephen Bilkis

The complainants, a prostitute and a patron seek a judgment declaring sections of the Penal Law unconstitutional. The laws prohibit prostitution and patronizing a prostitute.

A New York Criminal Lawyer said the action was commenced and the opponents, the City Mayor and the City Police Commissioner moved to dismiss on the ground that the prostitute and the patron lacked standing. Another opponent, the County District Attorney moved to dismiss on the same ground and also that the complaint failed to state a cause of action. The complaint was dismissed for failure to state a cause of action with leave to re-plead. The complainants filed an amended complaint and all the opponents moved to dismiss on the same grounds alleged by the District Attorney after the first complaint was filed. The complainants filed a cross motion for summary judgment. Before deciding the motions, the Court determined whether any of the prior rulings are LAW OF THE CASE.

The Law of the Case doctrine is a kind of intro-action res judicata or matter that was already settled and cannot be raised again. Within the framework of a single action, it prevents re-litigation of a point already adjudicated in it.

Published on: May 30, 2012

Defendant Claimed that Repeated Playing Offensive Video Swayed the Jury

by Stephen Bilkis

The state of New York filed a complaint charging a man with three counts of forcible touching, three counts of sexual abuse in the second degree, three counts sexual abuse in the third degree, two counts of endangering the welfare of a child, aggravated harassment in the second degree, and two counts of harassment in the second degree. A New York Drug Crime Lawyer said the charges were based on the man’s conduct toward a 13-year-old male that involved a sexual contact, exhibiting to the child a sexually explicit video, and other communications in an explicitly sexual nature.

At the beginning of the jury trial, the criminal court granted the of New York’s motion to dismiss the two counts of harassment in the second degree. At the end of the trial, the man was convicted with all the remaining counts after the evidence was presented which includes the victim’s narrative testimony of the man’s sexual conduct, the admission into evidence of the video which had been recovered from a laptop that the man had produced to the police as his personal property and the testimony of a forensic psychologist on the subject of adolescent sexual abuse syndrome. A New York Drug Possession Lawyer after the sentence was imposed, the man was designated as a level three sex offender.

Consequently, the man filed an appeal on which he argues that playing the video repeatedly to the jury served only to inflame the jury’s passions and was of questionable evidentiary value. However, the victim asserted that the man had informed him that the man was the actor in the video, which showed a male masturbating and performing other acts of a sexually explicit nature. Based on records, it is irrelevant for the commission of the crime of endangering the welfare of a child, whether the identity of the person in the video is known. Although playing the video evidence more than once was the basis of one of the two counts of endangering the welfare of a child and, as a general rule, photographs and similar evidence is acceptable.

Published on: May 30, 2012

Son Sexually Attacks Mother, Mother Accused of Sexual Abuse

by Stephen Bilkis

A woman who was originally from the Dominican Republic had a son whom she left in the Dominican Republic when she migrated to the United States. She obtained permanent residence status when she married an American citizen with whom she had two other children.

A New York Criminal Lawyer said she was then able to send for her son from the Dominican Republic. He first stayed with his father’s relatives in Florida but later on he moved in with his mother at the house she shared with her American husband and their two children.

Sometime on December 31, 2007, the mother, the son and the stepfather attended a party where they all had quite a bit to drink. The son, who was then 14 years old drank rum at that party they attended. When they came home, the stepfather stayed in the living room to watch television.

Published on: May 29, 2012

Court Discusses the Crime of Predatory Sexual Assault

by Stephen Bilkis

The indictment alleges that on May 2, 2011, the man forcibly compelled the complaining witness to perform oral sex upon him. A New York Criminal Lawyer said that according to the indictment, the man then forcibly subjected the woman to anal intercourse. The indictment further alleges that, on May 14, 2011, the man forcibly touched the breasts of complaining witness with his hands and mouth. According to the indictment, the man also forcibly compelled the complainant woman to perform oral sex upon him and then forcibly subjected her to vaginal intercourse.

The man’s motion to inspect the Grand Jury minutes was granted. Upon review of the Grand Jury minutes, questions pertaining to the counts of Predatory Sexual Assault were raised by the court. Following oral argument, the Jury dismissed four of the indictment, each charging Predatory Sexual Assault, as they related to the underlying offenses committed on May 2, 2011. A New York Criminal Lawyer said the man moves for dismissal of the remaining indictment, each charging Predatory Sexual Assault, as they relate to the underlying offenses committed on May 14, 2011, on the following grounds that the remaining counts of Predatory Sexual Assault, as they appear in the indictment, fail to state a crime or offense; the remaining counts of Predatory Sexual Assault cannot be legally amended; the Predatory Sexual Assault statute was enacted to penalize recidivist behavior; and the Jury’s intended use of the Predatory Sexual Assault statute violates man’s due process rights.

The Jury contends that their intended use of the Predatory Sexual Assault statute is appropriate and that the remaining indictments were properly charged to the Grand Jury and correctly worded in the indictment. The man’s motion to dismiss was denied from the bench.

Published on: May 27, 2012

Court Seeks to Raise Defendant’s Sex Crime Offender Level

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York in Kings County. The case involves the people of the state of New York versus Alexis Liston.

Case

This is an instant action brought forth against the defendant to raise his level of sex crime offender from level one to level two.

Published on: May 26, 2012

Court Contends Insufficient Evidence for Child Endangerment Charge

by Stephen Bilkis

This case is being heard in the Second Department, Appellate Division, of the Supreme Court in the state of New York. The respondents of the case are the people of the State of New York. A New York Drug Crime Lawyer said the respondent is represented by Charles J. Hynes, District Attorney of Brooklyn. The counsel for the respondent consists of Roseann B. MacKechine, Anthea H. Bruffee, and Trace E. Suslow. The appellant in the case is Victor Camacho. He is represented by Philip L. Weinstein from New York City. His Counsel consists of Bertand J. Kahn with Lauris Wren for the brief. The case is being heard before Thompson, J.P., Rosenblatt, Balletta, Santucci, and Florio, JJ.

Court Memorandum

The defendant of the case is appealing the previous judgment from the Kings County Supreme Court. The judge from the previous case was the Honorable Judge Goldstein. The judgment convicts the appellant of endangering the welfare of a child, upon the verdict of a jury, and an imposing sentence.

Published on: May 26, 2012

Court Defines Sexual Deviancy

by Stephen Bilkis

This case is being heard in the Criminal Term of the Supreme Court of Queens County in the state of New York. The plaintiff in the case is the People of the State of New York. The defendant of the case is Theodore Rhodes. A New York Criminal Lawyer said the defendant is being represented by Anthony Marra, from New York City, with Bob Finkin and Kew Gardens for counsel. The plaintiff is represented by Frank D. O’Connor, the Queens County District Attorney with Benjamin J. Jacobson, the Assistant District Attorney for counsel. The justice overseeing the case is J. Irwin Shapiro.

Current Case

The defendant, Theodore Rhodes has made a motion for resentencing.

Published on: May 26, 2012

Defendant Charged with Kidnapping and Rape

by Stephen Bilkis

This case is being heard in the Criminal Term of the Supreme Court in Queens County, part one. A New York Criminal Lawyer said the case involves the plaintiff, the People of the State of New York. The defendant in the case is Theodore Rhodes. Rhodes is being represented by Anthony Marra of New York City, Bob Finkin, and Kew Gardens. The plaintiff has Benjamin J. Jacobson, the Assistant District Attorney for counsel from the office of Frank D. O’Connor, the District Attorney of Queens County. The judge that is overseeing the case is J. Irwin Shapiro.

Motion

The defendant, Theodore Rhodes, has made a motion for a resentence in his case.

Published on: May 25, 2012

Court Uses Risk Assessment to Weigh Defendants Danger to Public

by Stephen Bilkis

The plaintiff in this case is the People of the State of New York. The defendant in the case is Robert W. Fitzpatrick. The plaintiff is represented by John M. Muehl, the District Attorney. The defendant is represented by James Ferrari. A New York Drug Crime Lawyer said this case is being heard in the County Court of Otsego County. The judge that is overseeing the case is the Honorable Brian D. Burns.

Case Background

Robert W. Fitzpatrick, the defendant pled guilty to the class E felony a crime of possession of a sexual performance of a child. According to the Sex Offender Registration Act the court is required to review the risk assessment instrument to determine the risk level the defendant presents to the public.

Published on: May 25, 2012

Emotionally Disturbed Defendant Convicted of Homicide

by Stephen Bilkis

This is an appeal case being held in the Court of Appeals in the State of New York. The respondent of the case is the People of the State of New York. A New York Criminal Lawyer said the appellant of the case is Lydell Harris. The appellant is represented by De Nice Powell of New York City with Lynn W. L. Fahey for counsel. The respondent is represented by the District Attorney of Kings County, Charles J. Hynes with Leonard Joblove and Anthea H. Bruffee for counsel.

Case History

The defendant has been convicted of second degree murder. A New York Criminal Lawyer said in the trial the evidence supplied by the People established that the defendant, Lydell Harris, killed his friend of many years, Larry Amorose using a machete. The defendant was aided by his girlfriend and they decapitated and dismembered the victim’s body and placed the parts in garbage bags and then threw the bags into the ocean just off Coney Island.