Articles Posted in Queens

This is a case for appeal. The respondent in the case is the People of the State of New York. The appellant of the case is Jay Jomar Bradshaw. The case is being heard in the Second Judicial Department in the Supreme Court of the State of New York.

Jay Jomar Bradshaw, the appellant, is appealing a judgment that was made by the Supreme Court of Kings County. A New York Drug Crime Lawyer said the judgment convicted Bradshaw of rape in the first degree. He pled guilty in the case. The appeal is to suppress identification testimony that was made in the case.

Case Background

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The appellants in the case are Jiovon Anonymous, who is an infant being represented by his legal guardian and father, Thomas Anonymous. A New York Drug Crime Lawyer said the respondents of the case are the City of Rochester et al. the case is being heard in the Fourth Department, Appellate Division of the Supreme Court of the State of New York.

Case Background

The plaintiff, anonymous infant, was born in January of 1992. This action is to declare part of an ordinance as unconstitutional and to have a judgment to grant relief from the ordinance. The plaintiffs argue that the ordinance is inconsistent with several statutes from the state and violates a number of their rights. The Supreme Court has denied this motion and granted a summary motion in favor of the defendants to dismiss the complaints.

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The case involves the plaintiffs the People of the State of New York and the defendant Audrey James. The case also involves the People of the State of New York versus the defendant Laverne McCray. The case is being heard in the Criminal Court of the City of New York, located in New York County. Judge Stanley Gartenstein is overseeing the case.

This case involves a debate over prostitution and its effects on the criminal justice system.

Legal Background

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This case is being heard in the Criminal Term of the Supreme Court located in Queens County. The plaintiffs in the case are the People of the State of New York. The defendants in the case are Kevin Jackson and William Mercado.

Each of the defendants in the case has moved to have tangible evidence suppressed. In addition, the defendant William Mercado has moved to suppress his statements. Police Officer William Gray from the Port Authority Police Department testified in the pretrial hearing for the defendants as the sole witness.

Case Facts

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A woman had been living with a man for thirteen years and they had a seven year old daughter. The woman ended her relationship with her live-in partner and left the apartment she shared with the man. She took her daughter along.

On February 13, 2007 the man invited the woman back to the apartment they used to share to try to reconcile and talk about their daughter. The woman came and they talked. A New York Drug Crime Lawyer said their talk ended late at night so the defendant invited his former live-in partner to sleep in the living room of their old apartment. The next morning, the man raped his live-in partner three times.

The woman filed criminal charges and submitted herself to a physical examination where a rape kit was used to gather physical evidence from her. The woman also applied and obtained an order of protection for herself and for her daughter and against her husband. The court extended this order of protection six times during the pendency of the criminal proceedings. Her live-in partner was arrested only on April 11, 2007. He was charged with rape in the first and third degrees and sexual abuse in the first and third degrees.

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Legality as it involves persons who are mentally ill can become convoluted. Many cases have reached crossroads where the offender is mentally ill. The rights of the victim become confused with the ability of the offender to understand what occurred. In some cases, it is an even more horrendous injustice. At what point is a person mentally incompetent to understand that the actions that they took are wrong. A New York Drug Crime Lawyer said if they are sent for treatment at a treatment facility, does that mean that they should not serve any prison time related to the offense that they committed. If they are not penalized for their actions, what message is the system sending to the victim of the crime?

These questions have plagued the criminal justice system since the beginning of time. The question becomes one of intent. Is the intent of the criminal justice system to punish; or is the intent of the system to rehabilitate? Are prisons, just places to keep the public safe for a time from the behavior of inmates; or are they places to rehabilitate them? A New York Drug Crime Lawyer said some states have adopted laws that allow for a guilty but mentally ill finding in a trial. In cases of guilty, but mentally ill, the offender is sent to a secure mental illness hospital until they are determined to have been cured of their illness; only then do they report to the prison to begin serving their time for the offense that they committed. In that manner, they are fully aware that an insanity defense is not a get out of jail free card. They are required to serve the time for the crime that they committed.

In 1984, many of these issues were brought to the attention of the general public when a man was convicted of raping a woman among several other heinous crimes in New York. He was convicted on January 8, 1981, in front of a jury for his crimes. However, he was determined to be mentally incompetent to understand or take responsibility for his crimes. He was determined to be suffering from a dangerous mental disorder. He was sentenced to an indeterminate sentence in a secure mental illness facility. A Queens Drug Possession Lawyer said the Commissioner of Mental Hygiene was responsible for reviewing the case on a regular basis. In September of 1981, and again on October 27, 1982, the Orange County Court signed first and second retention orders ensuring that the defendant was continued in the care of the secure mental hospital that he had been sent to originally.

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The Facts:

At the time of the rape, the victim (or claimant) was 20 years of age and had a history of psychiatric problems, including several hospitalizations. She was hospitalized at South Beach in 1990 after trying to jump from a window. Other probable suicide attempts include setting the bathroom and her bathrobe on fire, drowning in the bathtub, and choking herself with a cloth while being transported in an ambulance. In 1990, she apparently attacked her father over whether she could leave the house late one night.

A New York Drug Crime Lawyer said in August of 1992, the claimant was admitted to South Beach after she had spoken about suicide, been unable to sleep, had bouts of crying and told of hearing voices. At that time she had been attending a Mental Health Center. On 9 September 1992, after nearly a three-week hospitalization, the claimant was discharged; the discharge note described her stay as “uneventful”.

A woman who lived alone in an apartment in Manhattan called her boyfriend who lived in the Bronx. She said that a man was in her apartment. The man (the accused) had knocked and asked her if she could help him find the man who had raped his wife and pushed her down the stairs thus suffering a miscarriage. The woman asked the man to speak with her boyfriend on the telephone. A New York Drug Crime Lawyer said that the boyfriend talked with the man for about five minutes. And then the man put the phone down. The girlfriend came back on the line and hastily said goodbye to her boyfriend.

The boyfriend, alarmed, hurried to her girlfriend’s apartment. He asked the building superintendent to open the door. He found his girlfriend lying lifeless with a knife stuck in her abdomen in a pool of her blood. A panty hose was tied and knotted tightly around her neck. Her lingerie drawer was open and her underwear was strewn all over.

The police soon came and found a hair on the woman’s mouth. The investigators determined that the woman was strangled and the bones in her neck had been broken.

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The Facts:

On 10 October 1965, defendant broke and entered a room, housing at that time the complainant alone, armed with a knife, forcibly committed upon her person (according to the complainant’s testimony) an act of consummated, though uncorroborated, rape.

Thereafter, defendant is charged with the crimes of Burglary Third Degree (Breaking and Entering a Building with Intent to Commit a Crime therein) and Assault First Degree (Assault with Intent to Commit a Felony upon the person of the one Assaulted with a Deadly Weapon) in two separate counts.

The Facts:

On 10 October 1965, defendant broke and entered a room, housing at that time the complainant alone, armed with a knife, forcibly committed upon her person (according to the complainant’s testimony) an act of consummated, though uncorroborated, rape.

Thereafter, defendant is charged with the crimes of Burglary Third Degree (Breaking and Entering a Building with Intent to Commit a Crime therein) and Assault First Degree (Assault with Intent to Commit a Felony upon the person of the one Assaulted with a Deadly Weapon) in two separate counts.