Articles Posted in Nassau

A man is charged with menacing in the third degree, sexual misconduct, sexual abuse in the third degree and harassment in the second degree. The opponent moves for an order to permit the taking of DNA samples from the man’s cheek cells for the purpose of testing and analysis.

The opponent alleges that the charges stem from an incident which the man and the complainant went to the man’s home. When both of them were inside the house, the opponent asserts that the man turned the complainant around and penetrated the complainant from the back with the man’s penis. A New York DWI Lawyer said that the opponent also asserts that the complainant’s attempts to stop the man resulted in a struggle where she sustained a laceration on her chin.

A New York DWI Lawyer said that the opponent claims that upon contacting the police, the complainant was treated and at the hospital a rape kit was prepared and taken to the office of the chief medical examiner for DNA results. The opponent asserts that the DNA results revealed that dried secretions were found on the left breast.

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The Facts:

A police officer allegedly observed the defendant remain in or wander about a public place for twenty minutes, during which defendant repeatedly beckoned to passers-by and stopped two passers-by, engaging in conversation with said passers-by; stop only male passers-by and defendant did not beckon to or converse with female passers-by who passed by during the same period; standing in the middle of the road while beckoning to motorists. A New York DWI Lawyer said the defendant is a 16-year old with no criminal history.

Thereafter, defendant is charged with the offense of loitering for the purpose of prostitution. The charge is a non-criminal violation punishable by no more than fifteen days in jail. When she appeared before the court in the arraignment part she was also the subject of a warrant that had issued out of Family Court.

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Drug crimes are a problem in every city in the United States, but courts do not usually expect to find them on their own back doorsteps. A New York DWI Lawyer said in the case of the Supreme Court of Bronx County in 1972, they did not expect to find the drug problem on the very steps of the courthouse. However, that is exactly what transpired in September of 1972. An undercover narcotics team was working a case involving a drug ring that was operating out of Franz Segal Park just around the corner from the Bronx County Supreme Court building. The narcotics undercover team made three different purchases of narcotics from the dealer on September 8, 11, and 12.

The undercover officer would meet with the dealer in Franz Park, make the purchase, and then return to the team with the cocaine. The narcotic would be tested to ensure that it was cocaine. The undercover officer was wearing a wire so that the transaction was tape recorded. However, there was no video at the time that was effective in the field. Following the third purchase, the defendant was arrested for trafficking in narcotics. In his trial, he testified that he was not a drug dealer and that he had never sold anyone any drugs. The undercover team had to testify that they had not witnessed the transactions and had only seen the undercover officer leave with the money and come back with the cocaine.

Interestingly, at trial the prosecutor questioned the officer extensively about the purchases that he made from the defendant in Franz Park. He went in to great detail to show that the time and place of the transaction for which the defendant was charged was identical to the time and place in which he had previously been arrested for dealing drugs. A New York DWI Lawyer said the problem with this line of questioning was that according to the law, prior offenses can only be brought up in trial to show the credibility of the witness. A prosecutor may not use questioning on previous acts to show a propensity to commit the crime that the defendant is on trial. That policy is set forth in People v. Schwartzman, Supra, 24 N.Y.2d p. 247, 299 N.Y.S. 2d p. 822, 247 N.E.2d p. 645. The crimes for which the prosecutor was referring were the two prior drug deals that were under indictment, yet not adjudicated by the time of the trial in question.

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This is a case involving an application for Gena M. Daniels to change her name to Gena M. Zaks. The petitioner is being represented by Yetta G. Kurland from New York City. The case is being heard by Judge Paul G. Feinman.

Petition

The petitioner, Gena M. Daniels, is seeking to changer her name pursuant to the Civil Rights Law, article 6. She wishes to change her last name to that of her same – sex life partner.

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This is a case of the People of the State of New York versus the defendant Carlos Hairston. The case is being heard in the Kings County Supreme Court.

Indictment

A New York DWI Lawyer said the defendant in this case is being charged with rape in the first degree, predatory sexual assault, as well as other charges.

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One early morning two men wearing ski masks robbed a store. One of them carried a handgun and wore latex gloves and the other was armed with a black shotgun. The robbery happened at around 4:30 A.M., which was half an hour before the store was scheduled to open. A New York DWI Lawyer said the two men came from behind a dumpster at the rear of the store and confronted the two male employees, one unloading a delivery truck and the other taking out the trash. The two employees were directed into the rear of the store and told to lie down in the storeroom. The man with a handgun demanded the cash from the employees and kept watch over them. The other man with the handgun moved to the front of the store where he encountered a female employee, whom he repeatedly punched in the face and then dragged by her hair to the store safe. The man then demanded the female employee to open the store safe. The two men fled with approximately $1,800.

During the investigation, police revealed evidence which led them to conclude the identity of the two men who robbed the store. The first man was charged with multi-count criminal charges. After a jury trial, the man was found guilty of robbery in the first degree, attempted robbery in the first degree, robbery in the second degree, attempted robbery in the second degree and conspiracy in the fourth degree. He was sentenced to an aggregate prison term of 14 years with five years of post release supervision. The man then filed for an appeal.

The man initially argues that the decision was against the weight of the evidence because of a different decision would not have been unreasonable. A New York DWI Lawyer said that based on records, the evidence included the fact that the man had previously worked at the store and bragged to some of his friends that robbing the store would be easy. The female employee, who had worked with the man at the store, testified that when the man in the rear of the store called to the front, the voice sounded like the man.

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A man was charged for attempted murder in the second degree, assault in the first degree and criminal use of a firearm in the first degree. The charges were an incident which happened one evening at the corner of an avenue. A New York DWI Lawyer said the complainant together with another friend was approached by the man with his two companions. The discussion among them about the recent theft of the bicycle escalated into a heated argument at which the man told the complainant to mind his own business. The complainant hit the man once, whereupon the man took his gun out of his trench coat’s pocket, pointed it at the complainant’s face and fired. The complainant turned his head away from the shot and the bullet entered his left temple, lodging outside the brain case, where it remains. As the complainant ran from the scene seeking transportation to the hospital, the man held onto the gun and also left the area.

After a non-jury trial, the man was convicted of assault in the second degree and criminal possession of a weapon in the third degree. He was sentenced to consecutive indeterminate terms of imprisonment of two to six years and one year eight months to five years. However, the man moves to set aside the sentence on the grounds that consecutive sentences were unauthorized and illegally imposed.

Consequently, the man was acquitted of the charges of attempted murder, assault and criminal use of a firearm but was found guilty of the lesser-included crimes of assault in the second degree causing physical injury to the complainant and criminal possession of a weapon in the third degree having the gun in his coat pocket when he arrived at the scene and when he left the scene.

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The manager of a gas station was sitting in between the two gas pumps on the night of August 10, 1977. As he was sitting there, two men came to the station on foot asking him if he fixed tires at the gas station. The manager looked at the two men and something about them made him nervous. He talked with the men but he activated the transmitter in his pants pocket. The transmitter in his pocket set off a silent alarm in the sales office and the alarm dialed the number of the police station and played a pre-recorded message that the gas station was being robbed.

In the meantime, after the man activated the transmitter, his suspicions were confirmed for the two men announced that they were holding up the gas station. A Nassau County DWI Lawyer said they threatened to blow up the manager’s head off, telling him that they had a gun. They emptied the manager’s pockets and took $35. They also took the transmitter. They asked him what it was for but the manager didn’t answer. Again the armed men threatened to blow the manager’s head off.

They took him inside the sales office and they emptied the cash register of all the money. Then they took off on foot toward Taft Avenue. About six minutes after the manager had triggered the transmitter alarm, a cop came driving up. He had heard from the radio dispatch that a robber was in progress at the gas station and he responded as he was near.

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On 17 April 2006, the victim, age 17, was in a backyard located at Farmers Boulevard, Hollis, New York visiting with his friend. Defendant was the owner of the premises.

At approximately 1:50 p.m., while the victim and his friend were working on a car in the backyard, the victim was fatally shot by a gunman who approached them. A New York DWI Lawyer said when the police arrived on the scene, the victim was still conscious and told the police that he was shot by someone who came up and shot him from the adjoining yard.

Thereafter, the victim was taken to Mary Immaculate Hospital where he was operated for his gunshot wound. However, at 8:26 a.m. the next morning, he died, never regaining consciousness.

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