Nassau

Published on: July 7, 2012

Defendant Attacked While Swimming in the Ocean in Queens

by Stephen Bilkis

This is a case of appeal being heard in the Supreme Court of the State of New York in the Appellate Division in the Second Department. The appellant of the case is the People of the State of New York. The People are represented by Richard A. Brown, District Attorney of Kew Gardens with Nicoletta J. Caferri, Steven J. Chananie, and Barbara D. Underwood for counsel. The respondent of the case is Pedro Alvarez. The defendant is represented by the law offices of Michael Vincent Ricci located in Whitestone. The counsel for the defendant is Robert A. Katz. The case is being heard in front of Rosenblatt, J.P., Lawrence, Miller, and Pizzuto, JJ.

The People of the State of New York are appealing an order that was made by the Supreme Court of Queens County. The order is from the 8th of September, 1992 and granted the defendant the motion to have the indictment made against him dismissed.

Case Background

Published on: July 7, 2012

Completing Criminal Act Not Necessary if Intent Present

by Stephen Bilkis

This case involves the People of the State of New York against the defendant Gerard Rollino. The case is being heard in the Criminal Term of the Supreme Court of the State of New York located in Queens County. Judge Irwin Shapiro is hearing the case.

A a New York Sex Crimes Lawyer said at the end of a trial without a jury the defendant was charged through an indictment for second degree Grand Larceny. The defendant has moved for a dismissal in the case. The question before the court is whether or not a would be thief is guilty of attempted or consummated larceny when the property in question is given to the person with the consent of the owner by a pre-arrangement with the police by one of their agents to supply a basis for the criminal prosecution.

Case History

Published on: July 6, 2012

Court Orders New Trial in Sex Crimes Case

by Stephen Bilkis

The People of the State of New York are the respondents in this case. The appellant is C. James Lombardi. The case is being heard in the Court of Appeals of New York.

A New York Sex Crimes Lawyer said the defendant has been convicted of three counts of kidnapping, one count of attempted rape in the first degree, three counts of assault in the second degree, and one count of attempted assault in the second degree. The defendant has been sentenced to forty years to life in prison on the kidnapping charges. There are lesser concurrent terms for the other charges.

There are similarities in the crimes that were committed by the defendant, but each involved different acts and different people. The incidents were separated by long periods of time. The indictment charged each crime as a separate matter.

Published on: July 4, 2012

Defendant Claims Double Jeopardy

by Stephen Bilkis

Queens Rape 10

A New York Sex Crimes Lawyer said this case involves the People of the State of New York versus the defendant George Barrow. The case is being heard in the Criminal Term of the Supreme Court of the State of New York in Queens County. Justice J. Irwin Shapiro is hearing the case.

In an answer to an indictment that accused him of felonious possession of a knife for use as a dangerous weapon, the defendant pleads that he is not guilty. He is motioning for an order to amend his prior plea to one of not guilty based on the reason of a former conviction and by an order for inspection of the Grand Jury minutes. Alternatively, he moves to have the indictment dismissed on the grounds of Double Jeopardy.

Published on: July 2, 2012

Court Determines Deadlock Jury Instruction Used

by Stephen Bilkis

This is an appeal case. The appellant is Stephen S. Lavalle. The respondent for the case is the People of the State of New York. The case is being heard in the Court of Appeals of the state of New York.

A New York Sex Crimes Lawyer said Stephen S. Lavalle, the appellant, was found guilty of first degree murder in the course of a first degree rape by a jury in Suffolk County. Lavalle has received a death sentence for these crimes. He is appealing the death penalty.

Case Background and Facts

Published on: July 1, 2012

Defendant Claims Insufficient Evidence for an Indictment

by Stephen Bilkis

This case involves the plaintiffs, the People of the State of New York versus the defendant, Edward Cicciari. The case is being heard in the Criminal Term of the Supreme Court of the state of New York in Queens County.

A New York Sex Crimes Lawyer said the counsel for the defendant is seeking an inspection of the minutes presented to the Grand Jury that resulted in the defendant being indicted for first degree rape, first degree sodomy, first degree burglary, aggravated sexual abuse, attempted burglary, criminal mischief, and resisting arrest.

The defendant is seeking that a number of counts on the indictment be dismissed based on the fact that the indictment was not founded on competent and sufficient legal evidence.

Published on: June 30, 2012

Court Looks at Corroborating Evidence in Rape Trial

by Stephen Bilkis

In August 1971, a 14-year old girl lived in an apartment building. Their neighbor asked the girl to bring some music records from his apartment to his daughter-in law’s apartment. It was three o’clock on a summer afternoon and the 14 year old girl knew the man because he had been their neighbor for a long time.

The girl went inside the apartment of their neighbor. As soon as she entered, the neighbor grabbed the girl and he threw her down to the couch. The man held down the girl as he raped her.

A New York Sex Crimes Lawyer said after the rape, the neighbor let the girl go. As she was standing up to leave, the man grabbed her by her arm forcefully and told her not to tell anyone what happened.

Published on: June 28, 2012

Court Decides if Prior Convictions Should be Considered Felonies

by Stephen Bilkis

The Facts:

Defendant has been found guilty of assault in the second degree, with intent to rape. He is now before the court for sentencing.

A New York Sex Crimes Lawyer said that a “prior offense” Information has been filed by the District Attorney which alleges that the defendant is now a second felony offender by reason of the fact that he was previously convicted, after trial, in the Commonwealth of Pennsylvania, of three crimes, viz.: aggravated assault and battery, assault with intent to ravish and rape.

Published on: June 27, 2012

Court Discusses Probable Cause for Blood Sample

by Stephen Bilkis

In August 1991, two police officers from Yonkers, New York were sent to investigate a reported rape and robbery which occurred in an apartment building. A New York Sex Crimes Lawyer said the woman who claimed to have been raped told the detectives that she was raped at knifepoint. She gave the description of her attacker to the police including the attacker’s physical traits such as his height, approximate age, his body build, the clothes he wore, his race and even the way he smelled.

The detectives went to the basement of the building where the garbage chute emptied out into a dumpster and found clothes similar to the clothes described as worn by the attacker of the woman. A New York Sex Crimes Lawyer said near the dumpster there were also found some surgical gloves, a white panty hose tied in knots and a knife.

The police detectives asked the residents of the building if they knew any person in the building who fit the description given by the woman who was raped and they were led to the apartment of the accused.

Published on: June 26, 2012

Court Discusses Offense of 3d Degree Sexual Abuse

by Stephen Bilkis

The Facts:

According to a New York Sex Crimes Lawyer, the defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sexual abuse in the third degree; a six-count indictment on criminal law violations.

As the crimes were allegedly committed on 26 September 1967, the prosecution was under the new Penal Law, which was enacted in 1965, effective as of 1 September 1967.