Articles Posted in Grand Larceny

A Suffolk Marijuana Possession Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered December 8, 1983, convicting him of criminal possession of marijuana in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of defendant’s pretrial motion which sought suppression of physical evidence.

A Suffolk Criminal Lawyer said that, according to the People’s evidence adduced at the suppression hearing, defendant’s car was stopped for speeding on Montauk Highway by two police officers. A short time later, the Officer who was also patrolling the area, arrived at the scene. Although the officers had not called for assistance, he testified that he left his car and walked towards defendant’s car in order to check the inspection sticker on the windshield. As he walked from the back to the front of defendant’s car, on the driver’s side, he “happened to look down”, and saw a burlap bag, “the size of a bank bag”, laying on its side on the floor behind the driver’s seat. He noticed a white substance and some pills protruding from the top of the bag. Based on his training in the identification of controlled substances, he “felt” that the white substance was cocaine. He opened the car door, removed the bag and looked inside. Thereupon defendant was arrested. He also testified that when he was by the car, he smelled what he “felt was marijuana coming from the trunk”. About an hour after defendant was arrested, the trunk was searched, and a quantity of marijuana was found in the trunk in plastic bags. He testified that the marijuana found in the trunk had nothing to do with defendant’s arrest.

A Suffolk Unlawful Possession of Marijuana Lawyer said that, while the officer testified on direct examination that he was looking straight down through the driver’s window when he saw the burlap bag, it was brought out on cross-examination that there were two windows on the driver’s side of this two-door car and the officer equivocated as to which window he looked through. He stated, “I don’t recall. It might have been the driver’s window”. On redirect examination, after he looked at a photograph of the car in evidence, which he testified was “a fair and accurate picture of the defendant’s vehicle”, the officer testified that he had been looking through the rear window when he saw the burlap bag.

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A Suffolk Grand Larceny Lawyer said that, this is an appeal by the defendant from two judgments of the Supreme Court, Suffolk County, both rendered July 20, 1988, convicting him of criminal possession of a controlled substance in the third degree (two counts), under Indictment No. 54/88, and forgery in the second degree (two counts), criminal possession of a forged instrument in the second degree (two counts), grand larceny in the second degree, attempted grand larceny in the second degree, and offering a false instrument for filing in the first degree, under Indictment No. 86/88, upon a jury verdict, and imposing sentences of (a) concurrent indeterminate terms of three to nine years imprisonment on each count of criminal possession of a controlled substance in the third degree, with these terms to run consecutively to (b) concurrent indeterminate terms of two to six years imprisonment on each count of forgery in the second degree and criminal possession of a forged instrument in the second degree, with these terms to run consecutively to (c) concurrent indeterminate terms of three to nine years imprisonment for grand larceny in the second degree and two to six years imprisonment for attempted grand larceny in the second degree, with these terms to run consecutively to (d) a term of one to three years imprisonment for offering a false instrument for filing in the first degree.

A Suffolk Robbery Lawyer said that, the defendant was tried, inter alia, on charges of criminal possession of a controlled substance in the third degree pursuant to Penal Law § 220.16(1). An element of this particular crime is that the defendant’s possession be accompanied by an intent to sell the controlled substance.

The issue in this case is whether the court erred in receiving the evidence of uncharged crimes.

A man has been charged with grand larceny in the second degree and attempted assault in the second degree. The man is accused of attempting to cause physical injury to a peace officer with intent to prevent the said officer from performing his lawful duty.

The man was then arraigned on those charges at which time he was served with a notice of impending grand jury proceeding. The man thereafter advised the district attorney of his desire to testify.

Subsequently, the man and his attorneys appeared at the place and time specified in the notice of presentment. But, a dispute arose between the district attorney and the man’s attorney as to whether the man would be permitted to testify. The entire discussion was recorded outside the presence of the grand jury.

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Defendants are each charged with the crimes of Grand larceny in the Second Degree and Falsifying Business Records in the First Degree. The indictment alleges that between September 1975 and December 1976, the defendants, acting in concert, stole monies in excess of $1500.00 from a Park Psychiatric Center, and that they also, acting in concert and with intent to defraud in order to commit the crime of larceny, made false entries upon the business records of the Park, to wit, monthly time and work attendance forms.

A Suffolk County Criminal attorney said that the Park is a mental hygiene hospital operated by the State of New York and defendants were employees during the relevant period.

The substance of the larceny charge is that Klein submitted time and attendance sheets showing that she worked certain hours for which she was paid, whereas, in fact, she was then attending nursing school at another location and that defendants by approving and submitting these inaccurate and false “business records”.

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In November 2009, the Suffolk County District Attorney indicted the respondent on one count of grand larceny in the second degree, in violation of Penal Law § 155.40, one count of forgery, in violation of Penal Law § 170.10(2), one count of criminal possession of a forged instrument in the second degree, in violation of Penal Law § 170.25, and one count of insurance fraud in the third degree, in violation of New York Penal Law § 176.20.

A Suffolk County Criminal attorney said that in February 2011, in the County Court, Suffolk County, the respondent was convicted, after trial, of grand larceny in the second degree, in violation of Penal Law § 155.40, and insurance fraud in the third degree, in violation of Penal Law § 176.20.

The respondent’s conviction emanated from his theft of money paid by his insurance carrier, to be held in escrow, for the reconstruction of his Westhampton Beach home after it was destroyed by fire in 2008. Countrywide Home Loans, the lender holding the mortgage on the respondent’s home, never received or endorsed the check issued by the insurance company for reconstruction of the house.

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A Suffolk Criminal Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered July 13, 1983, convicting him of grand larceny in the second degree, upon a jury verdict, and sentencing him to a definite prison term of one year.

A Suffolk Grand Larceny Lawyer said that, in another case defendant appealed from a judgment of the County Court, Suffolk County, rendered June 3, 1985, convicting him of burglary in the first degree, assault in the first degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.

The issue in this case is whether the court erred in convicting the defendant of grand larceny in the second degree, upon a jury verdict, and sentencing him to a definite prison term of one year.

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A Suffolk Criminal Lawyer said that, at about 6:50 P.M. on January 19, 1981, Detective of the Suffolk County Police Department Homicide Squad went to premises commonly known and referred to as 8 Nina Place in Farmingville where the homicide giving rise to the prosecution of this action occurred. Upon arriving he was informed by Patrolman of this department that a certain individual had called the precinct the previous evening and reported that he had been threatened by a person known to him as “Billy the Kid,” while the said individual had been at the above-mentioned premises. The patrolman stated that the only person he knew by that name was defendant who lived at 5 Roslyn Avenue in Selden.

A Suffolk Grand Larceny Lawyer said that, the following day, the detective called “Central Records” and was told that defendant had been arrested several times, the last having occurred on January 6, 1981, for a burglary. Defendant’s arrest records, Exhibits D and E, show a number of arrests–approximately eleven–from December 19, 1979, to December 8, 1980, all with the notation “no disposition,” but do not mention the January 6 arrest. Continuing with his investigation, the detective spoke to the other Detectives of the Fourth Squad Detectives who advised him that all of defendant’s “troubles” stemmed from difficulties he was having as the result of his relationship with a married woman, who lived in a neighboring community and that his last arrest, the one on January 6, came about when either she or her husband charged defendant with assault, trespass, burglary, and harassment.

A Suffolk Robbery Lawyer said that, sometime during January 21, a call was received by a Patrolman of the Fourth Squad Detectives from defendant’s mother seeking help for him. Defendant had, at this point, been taken to Brookhaven Memorial Hospital along with the married woman after an automobile accident which occurred while they were enroute to a motel. It should be noted that defendant had become the patrolman’s informant after the latter had arrested defendant on December 8, 1980, as the result of a burglary complaint made by the girlfriend’s husband. After this earlier arrest, defendant had been advised by the patrolman to get a lawyer, but defendant insisted it was “all bullshit going to Family Court.”

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This is a criminal action wherein defendants filed an appeal, challenging the judgments of conviction rendered against them, and the order denying their post judgment motion for vacatur.

A Queens County Criminal lawyer said that the defendants served as president and vice-president of the defendant corporation engaged in the business, among other things, of providing public transportation between Nassau and Suffolk Counties and Kennedy and LaGuardia Airports and Queens Plaza in Queens County. The defendants’ convictions of attempted grand larceny in the second degree and offering a false instrument for filing in the first degree were based upon their participation in a program providing carriers with subsidies from the State, through the county, based upon a formula taking into account the number of revenue-generating miles traveled and the number of revenue-paying passengers carried on “line regular trips between established locations pursuant to fixed, predetermined time schedules.

A Queens County Criminal attorney said that during the second quarter of 1982, operators were entitled to payment under the program at the rate of $0.135 per revenue passenger and $0.415 per revenue mile; after the amount of reimbursement was calculated, it was then discounted to 83 percent. According to the People, the defendants filed a quarterly report, as required, with the transportation division of the Suffolk County Planning Department for the quarter in question, which falsely overstated mileage and passenger counts on their airport line runs and Queens Plaza line runs with the intent to obtain funds in excess of the amount to which they were entitled. However, during the trial, the prosecutor specifically and unequivocally withdrew any claims by the People with respect to falsification of mileage counts, and undertook to prove the two counts in question solely on the basis of false passenger counts.

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In this Criminal case, the People appealed from an order, which granted the defendant’s motion to dismiss the Indictment, with leave to represent the matter to the Grand Jury on the ground that he was deprived of his right to appear before the Grand Jury pursuant to CPL 190.50.

A Queens County Criminal lawyer said that after an incident which occurred in Queens County in October 1995, the defendant was arraigned on a felony complaint. The felony complaint charged the defendant with robbery in the third degree and grand larceny in the fourth degree.

At his arraignment, the defendant was duly served with notice that the charges in the felony complaint would be presented to the Grand Jury. The defendant ultimately declined to testify before the Grand Jury. The defendant was subsequently charged in an indictment with robbery in the first degree and robbery in the third degree.

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A Queens County Criminal lawyer said that petitioner stole a car and drove it to Boston, Massachusetts. About three weeks later he was indicted in Boston for three offenses, one of which was the offense of operating the stolen car in Boston, without authority from the owner, after petitioner’s right to operate automobiles in Massachusetts without a license had been suspended.

After a trial in which the owner of the car testified, petitioner was convicted of all three offenses; he was given a suspended sentence of two years for the offense of driving without authority, and a sentence of six months for the other offenses. The suspension of the two-year sentence was thereafter revoked, and he eventually served both sentences.

In the meantime, petitioner had been indicted in Queens County for the theft of the first car. The indictment contained two counts, namely (a) taking, removing, operating and driving the car in Queens County, for the operator’s own profit, use and purpose, and without the owner’s consent, Penal Law, § 1293-a; and (b) ordinary grand larceny, Penal Law, § 1290. After his release from the Massachusetts jail, petitioner returned to New York and appears to have been apprehended. He thereupon pleaded guilty to petit larceny under the Queens County indictment, and was remanded to the city prison for sentence.