New York

Published on: July 8, 2012

Model Survives Brutal Attack

by Stephen Bilkis

A female model dated an acquaintance. They had dinner and after-dinner conversation. The male acquaintance then started making advances of a sexual nature and the female model refused.

The male acquaintance got angry at being refused. He pulled out a five inch knife and threatened to cut the female model’s face. The female model became fearful not only for her life but also for her future as her face is something of a business asset from which she derived her living.

The male acquaintance raped and sodomized her for two hours. He cut up her clothes and also cut her up in her arms and legs during that time. The female model was hospitalized. She was traumatized and suffered anguish and emotional distress. She underwent therapy for her to deal with the fears, the nightmares and the depression which resulted from the rape.

Published on: July 8, 2012

Defendant Contends 6th Amendment Rights Were Violated During Trial

by Stephen Bilkis

This is an appeal case. The case is being heard in the Second Department, Appellate Division, of the Supreme court of the State of New York. The respondent in the case is the People of the State of New York. The appellant of the case is Jean Cantave. The People of the State of New York are represented by John M. Castellano, Roni C. Piplani, and Sharon Y. Brodt from the District Attorneys office in Kew Gardens New York. The appellant is represented by the law offices of Lynn W.L. Fahey of New York, New York with De Nice Powell for counsel.

A New York Criminal Lawyer said the defendant is appealing an order that was made by the Queens County Supreme Court. The order was issued on the 28th of June, 2008 and convicted the defendant of first degree rape and first degree sexual abuse.

Case Background

Published on: July 7, 2012

Defendant Requests Case be Moved to Prevent Prejudice

by Stephen Bilkis

This case is being heard in the Court of Appeals in the State of New York. The People of the State of New York are the appellants in the case. The respondent of the case is Sterling Moore. Judge Wachtler is hearing the case.

The defendant was convicted in Kings County for sexual abuse and rape in the first degree. The offenses that the defendant was charged with occurred in his car that was parked in Queens County near the border of Kings County. The trial court gave jurisdiction to the Kings County Court for prosecution. The Appellate division reversed this order of jurisdiction and ordered a new trial. The reason was that there was a question of if the crimes were committed within 500 yards of the boundary of the two counties in question.

The People of the State of New York are appealing this reversal and argue that Kings County did have jurisdiction over the case under CPL 20.40 that states that any offense that is committed in a vehicle can be tried in any county that the vehicle passed through during the trip.

Published on: July 7, 2012

Defendant Claims Rights Against Doube Jeopardy Violated

by Stephen Bilkis

This is a case of appeal being heard in the Supreme Court of the State of New York, Second Department, Appellate Division. The respondent of the case is the People of the State of New York. The appellant of the case is Dawson Sharpe.

The defendant is appealing an order that was made by the Queens County Supreme Court on the 30th of October, 1986. The order convicted the defendant of first degree burglary, first degree robbery, second degree kidnapping, and unlawful imprisonment in the first degree. There are two judgments that convicted the defendant for first degree rape and attempted sodomy in the first degree as well as other counts of robbery, rape, and sodomy.

Case History

Published on: July 6, 2012

Court Decides Jurisdiction of Rape Case

by Stephen Bilkis

This is a matter dealing with the anonymous respondent, Trevon Y. and the appellant the Presentment Agency. The case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The Judges hearing the case are Mark C. Dillon, J.P., Ariel E. Belen, Ruth C. Balkin, and Leonard B. Austin, JJ.

The Presentment Agency is appealing a juvenile proceeding which took place in the Family Court of Queens County. The original order from the Queens County Family Court is dated the 27th of April, 2010 and dismissed the original petition of the case with prejudice.

Case Background

Published on: July 6, 2012

Hospital Loses Rape Kit

by Stephen Bilkis

This is a case being heard in the Criminal Term of the Queens County Supreme Court of the State of New York. The case involves the People of the State of New York against the defendant Andre D. Miller. Judge David Goldstein is overseeing the case.

The issue at hand is whether or not the loss of a rape kit, either by the police or a hospital, requires a sanction to be imposed.

Case Background

Published on: July 5, 2012

Defendant Uses Doctrine of Collateral Estoppel

by Stephen Bilkis

The People of the State of New York are the plaintiffs of the case. The defendant in the matter is Joon Ho Chin. The case is being heard by Judge Randall T. Eng.

The defendant is using the doctrine for collateral estoppel in this particular case. The defendant, Joon Ho Chin, moves to preclude the plaintiff, the People of the State of New York, from introducing evidence that he used physical force in the alleged rape against the complainant of the case.

Case History

Published on: July 4, 2012

Court Finds Harmful Evidence Was Submitted by Defense

by Stephen Bilkis

This is an appeal case being heard in the Supreme Court of the State of New York, Second Judicial Department, Appellate Division. The respondent in the case is the People of the State of New York. The appellant of the case is Rupnarine Jaikaran. The judges hearing the case are Mark C. Dillon, J.P., Ariel E. Belen, John M. Leventhal, and Plummer E. Lott, JJ.

A New York Criminal Lawyer said the defendant is appealing a verdict that was made in the Queens County Supreme Court. The original verdict was made by Judge Gavrin and dated the 27th of October, 2008. The order convicted the defendant of endangering the welfare of a child.

Case Background

Published on: July 4, 2012

Court Discusses Concept of Double Jeopardy

by Stephen Bilkis

The respondent in this case is the People of the State of New York. The appellant in the case is Carl Smith. The People of the State of New York are represented Richard A. Brown, District Attorney of Kew Gardens office with Gary Fidel for counsel. The appellant is represented by the offices of Hyman J. Greenberg, Forest Hills, with Joseph DiBlasi for counsel. This case is being heard in the Supreme Court of the State of New York, Second Department, Appellate Division. The judges hearing the case are Bracken, J.P., Ritter, O’Brien, and Copertino, JJ.

This is a case for appeal by the defendant. The original order was made in the Supreme Court of Queens County on the second of January, 1990. Judge Beerman made the original order. The defendant was convicted of sodomy in the first degree, rape in the first degree, and endangering the welfare of a child upon a verdict by a jury and the imposing sentence.

Case Background

Published on: July 4, 2012

Court Determines Defendant to Not Understand Waiver

by Stephen Bilkis

Queens Rape 12

The People of the State of New York are the appellants in this case. The respondent of the case is Jay Jomar Bradshaw. The case is being heard in the Court of Appeals in New York.

Case Summary