New York

Published on: January 19, 2013

Court Discusses Legal Elements of Rape Crime

by Stephen Bilkis

On December 10, 1980, two men armed with a shot gun entered a fast food restaurant in Nassau County. They threatened the employees with bodily harm if they did not hand over the cash in the cash box. When the two female employees handed to the two armed men all the cash from the cash box, the men forced the women to go outside the restaurant. They forced the women to ride in their car which was parked outside the restaurant.

A New York Criminal Lawyer said the two armed men drove for twenty minutes from the fast food restaurant in Nassau County to a dead end street somewhere in Suffolk County. During the drive, the men took turns feeling up the women’s skirts and shirts. The men fondled the women’s breasts and sex organs.

When they got to the dead end street in Suffolk County, the men took turns raping the two women. When the men were exhausted, they threatened the women and their families with death should they report the rapes to the police. The two men then let the two women go.

Published on: January 19, 2013

Court Discusses Dual Sovereignties Doctrine

by Stephen Bilkis

On the morning of December 15, 1971 two men and a woman were observed entering the New York residence of the husband and his wife carrying empty shopping bags or, in Grant’s case, with a collapse valise. When they departed, the three left with their once empty receptacles, filled. They were then followed to different distribution points where they were arrested. Searches conducted incident to the arrests revealed that they each had over one pound of heroin possession. A subsequent search of the couple’s residence produced large amounts of narcotics, money, weapons and drug packaging materials.

On December 28, 1971 the three were indicted by the Bronx County Grand Jury which, by five indictments, charged the three and the wife with criminal law violation through crack possession. The indictments also charged one of the three complainants with two counts of attempted murder, two counts of reckless endangerment and possession of a weapon; and the complainant couple with two counts each of possession of weapon and criminally using drug paraphernalia.

Thereafter, a New York Criminal Lawyer said in November, 1972 the complainants and 14 others were indicted by a Federal Grand Jury for conspiring to distribute and possess with the intent to distribute narcotic drugs. The indictment set forth 18 overt acts that the complainants allegedly committed in furtherance of the conspiracy, the last of which stated that the three together with the husband did distribute and possess with intent to distribute a total of eight and one-half (8 1/2) kilograms of heroin hydrochloride, and, in addition, did obtain $70,000 income and resources from prior heroin distributions.

Published on: January 18, 2013

Defendants Charged with Fraud By False Promise

by Stephen Bilkis

In this criminal case, in 1986 although the installation of individual water meters was required in commercial and industrial buildings, 630,000 one and two family homes were unmetered and billed for water on an arcane basis unrelated to usage and predicated on property frontage. The City decided to meter these homes and to do so through a municipal installation project rather than by requiring the individual homeowners to install them. A New York Criminal Lawyer said the City would use a competitive bidding process, and award contracts according to the boundaries of the City’s community boards. As is common in such contract bidding processes, the City prepared bid packages for prospective bidders. In addition to technical information and cost estimates, the bid package informed prospective bidders that they would be required to calculate labor costs in accordance with Labor Law Section 220, which requires contractors performing public works projects to pay the workers the prevailing wage. The bid packages let out in 1989 and 1990 also required that the contracting party would have to perform certain work known as pre-plumbing work. In essence, the contracts with the City would require that pre-plumbing work be supervised by a licensed master plumber.

After conducting pre-bid conferences, the City circulated an addendum to the bid specifications which set forth the specific wages that the bidders would be required to pay their employees. The defendants received this addendum. After the bids were publicly opened, the lowest bid was determined and the contracts were awarded to the defendants. The defendants executed formal contracts, to which were annexed the bid information and the wage schedules, which were also incorporated by reference. Each contract provided: The wages to be paid and the supplements to be provided, for a legal day’s work, to laborers, workmen or mechanics employed by the Contractor shall not be less than the prevailing wages and supplement required to be paid to such employees, as ascertained and prescribed by the Comptroller in the Specifications attached hereto.

A New York Grand Larceny Lawyer said that, the indictment charges larceny by false promise, grand larceny by false pretenses, scheme to defraud, and filing of a false instrument, conspiracy, and perjury. The thrust of the indictment is that the defendants never intended to comply with the prevailing wage and pre-plumbing master plumber requirements. Among other evidence which was presented to the Jury was that the defendants calculated their bids based on piecework rather than hourly costs, that they promised workers the higher of piecework or hourly rate, but only paid a piecework rate that resulted in a lower wage than an hourly rate at the prevailing wages, that the defendants arranged with a licensed plumber to falsely make it appear that a licensed plumber was supervising pre-plumbing work, and that the defendants submitted false and perjurious forms to the City certifying they had complied with the contracts.

Published on: January 17, 2013

Court Unravels Complicated Larceny Case

by Stephen Bilkis

The charges in this case arise from five separate incidents, beginning in July 1986. On July 3, 1986, a man representing himself as an executive of a foreign branch of General Electric Corporation, asked that $5,000 in travelers’ checks be prepared and delivered to an associate, K.D. Thereafter, defendant appeared at the offices of General Electric, identifying himself as K.D., and as KD, signed five Citicorp travelers’ checks purchase agreements, one for each of five $1,000 packets of checks, then signed many of the checks in the upper left hand corner, as required of purchasers. A New York Criminal Lawyer said when it was discovered a week or two later that there had been no authorization for the checks, most, if not all, of the checks had been negotiated at various metropolitan locations. A New York Grand Larceny Lawyer said that, defendant was convicted of one count of grand larceny in the second degree for stealing property having an aggregate value in excess of $1,500, three counts of forgery in the second degree and three counts of criminal possession of a forged instrument in the second degree with respect to the travelers’ checks and of forgery in the second degree with respect to the purchase agreement.

Thereafter, defendant stayed at the Days Inn in Manhattan registering as KD, and advancing $140 as a deposit. During his stay, he presented the cashier with a purchase order from the Metropolitan Life Insurance Company, providing that Met Life was to be billed for the room, taxes and incidental expenses. Days Inn refunded defendant his initial deposit and the bill for his four day stay ($819.67) was never paid since defendant was neither employed by Metropolitan nor authorized to present such a purchase order. A Long Island Criminal Lawyer said that, defendant was convicted of criminal possession of a forged instrument in the second degree.

Thereafter, defendant was arrested at the Omni Park Central Hotel when the police traced his car to that location and learned a K.D. was registered there. A Chevron Gulf credit card belonging to RG was recovered from defendant. Upon his arrest, defendant was charged with forgery in the second degree, criminal impersonation in the second degree, and theft of services, all arising from the Days Inn incident. At the trial, a New York Criminal Lawyer said that, defendant was acquitted of criminal possession of stolen property in the second degree relating to the possession of the Chevron credit card.

Published on: January 16, 2013

Consent to Search Questioned

by Stephen Bilkis

Seldom has this Court considered a more spectacular or bizarre case than this habeas corpus petition of an experienced Texas criminal lawyer, former mayor of the City of Pasadena, Texas, who was found guilty in Texas State Court of being the mastermind and accomplice in an especially brutal and horrible assault and robbery, but who contends that he was invalidly convicted in violation of federal constitutional rights.

A New York Criminal Lawyer said that, S.H. is presently serving a sixty-year sentence imposed by the Criminal District Court of Harris County, Texas. A jury found him guilty in a separate trial as an accomplice to the crime of robbery by firearms, committed by principals J.Y., C.S., and S.H. SH has appealed from the denial of his petition for habeas corpus by the United States District Court for the Southern District of Texas, Houston Division.

On appeal Hoover has asserted two claims of error to the denial below of his habeas corpus petition based on federal constitutional grounds. First, he contends that the Court erred in refusing to sustain alleged violations of his Fourth and Fourteenth Amendment rights to be free from unreasonable search and seizure. The State Trial Court admitted into evidence two diamonds seized from SH’s home during a nighttime search conducted by the Houston Police Department. SH argues that the search was made without his voluntary consent, by police officers acting under color of a search warrant which was invalid. Secondly, SH asserts that his right to confrontation under the Sixth and Fourteenth Amendments was infringed when the State Trial Court admitted into evidence the oral confession of alleged principal and co-indictee CS. The confession, which also implicated SH as an accomplice, was admitted during the testimony of Officer C. V. Stone to whom CS confessed, pursuant to a well-established Texas exception to the hearsay rule which allows the confession of a principal to be admitted at the trial of an accomplice to prove the principal’s guilt, proof of such guilt being a necessary prerequisite to conviction of an accomplice to the offense.

Published on: January 15, 2013

Court Discusses the Elements of Petit Larceny

by Stephen Bilkis

In this petit larceny case, this court reversed appellant’s conviction for robbery and “remanded for judgment and sentence for petit larceny.” However, after remand, at the state’s request, the trial court sentenced appellant for felony petit theft. A Seminole Petit Larceny Lawyer said that, appellant appeals, arguing that the charging document charging him with robbery did not allege that he had two or more prior petit theft convictions which convictions are essential elements of the substantive criminal offense of felony petit theft and, therefore, he was never charged with felony petit theft and his sentence for that crime violates his constitutional due process rights.

The issue in this case is whether the Court erred in sentencing appellant for the felony of petit theft.

A New York Criminal Lawyer said the Court said that, in a 1978 case, the Florida Supreme Court held (1) that the felony petit theft statute (then section 812.021(3), now section 812.014(2)(c), Florida Statutes created a substantive offense, and (2) that the required two or more prior petit larceny convictions are elements of that substantive offense which must be specifically alleged and proved. To avoid jury prejudice against the accused, that case also held that proof of the prior petit theft convictions can be made to the court in a separate proceeding after the jury finds the defendant guilty of the charged petit larceny offense.

Published on: January 14, 2013

Accused Refused on the taking of DNA Samples Because it Would be Tantamount to Giving Evidence Against Himself.

by Stephen Bilkis

Seven men were grouped together outside a house. They were talking loudly together and drinking. One of the neighbors called the police and so two uniformed police officers were dispatched to the scene. The police officers had their police badges and did not have their guns drawn.

As they were speaking with the group of seven men, one of the men stood up and pulled up his pants by his waistband and walked away in the direction of the house. A New York Criminal Lawyer said when the man adjusted his pants, a small plastic bag fell from his pant leg. The police officer saw the plastic bag and it was a resealable bag contained dried herbs. The police officers seized the plastic bag from the ground and smelled it and they thought it was marijuana. Subsequent testing revealed it to be marijuana as suspected by the police officers (marijuana possession).

They followed the man who had gone into the house. The police officers knocked on the door and the residents of the house opened the door to the police officers and let the police officers in to the house. When the police officers went into the house, they noticed that a group of men were also drinking. Their bottled alcoholic beverages were contained in a cooler which lay open on the floor.

Published on: January 12, 2013

Court Discusses “Suitable Residence” Requirement for Defendant’s Parole

by Stephen Bilkis

This case is about the Petition for a Writ of Habeas Corpus filed by the Petitioner who challenged his continued incarceration in the custody of the New York State Department of Correctional Services (DOCS). He argued that the delinquent time assessment imposed on November 5, 2008 following his final parole revocation hearing already expired on February 17, 2010.

It all started on September 10, 1997 when petitioner was convicted of the crime of Arson in the second degree and was given an indeterminate sentence of 7 to 14 years. In 2006, he was released from DOCS custody to parole supervision. His parole was subsequently revoked and was sent to a drug rehab center. In January 2007, Petitioner was released back to community based parole supervision, but thereafter, violated again the conditions of his release. He was returned to DOCS custody as a parole violator.

A New York Criminal Lawyer said on September 10, 1997 petitioner was sentenced in Oneida County Court, to an indeterminate sentence of 7 to 14 years, upon his conviction of the crime of Arson 2°. Petitioner was first released form DOCS custody to parole supervision in September of 2006. His parole, however, was subsequently revoked but restored at the Willard Drug Treatment Campus. Petitioner was released from Willard back to community-based parole supervision in January of 2007 but he again violated the conditions of release and was returned to DOCS custody as a parole violator.

Published on: January 11, 2013

The Issue in this Case is Whether Defendant’s Guilt was Proven Beyond a Reasonable Doubt.

by Stephen Bilkis

In this criminal case, defendant appealed from a judgment of the County Court, Nassau County (Jonas, J.), rendered November 18, 1991, convicting him of attempted murder in the first degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the second degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.

A New York Criminal Lawyer said the issue in this case is whether defendant’s guilt was proven beyond reasonable doubt.

The Court held that, the evidence presented at trial was legally sufficient to establish beyond a reasonable doubt that the defendant had the requisite intent for criminal possession of a controlled substance in the third degree. The defendant was in possession of 12.312 grams, or .434 ounces, of cocaine. There was legally sufficient evidence of the element of intent to sell a controlled substance based upon the defendant’s possession of this quantity of cocaine.

Published on: January 10, 2013

Defendant Claims He Was Not Given Adequate Notice of Grand Larceny Charges

by Stephen Bilkis

In this criminal case, the proof established that in the five-year period from 1984 to 1989, the defendant represented himself as a spiritual healer, generally charging people $20 per consultation. During the consultations, the defendant purported to transform himself into various spirits who would offer advice and claim that they could cure illnesses. A New York Criminal Lawyer said the defendant, acting through these spirits, induced victims to lend him sums of money, sometimes in the thousands of dollars, which “loans” he never repaid. The defendant also told some of his victims that he was an agent of the Federal Bureau of Investigation, using this false claim as a further means of obtaining money from them.

A Queens Grand Larceny Lawyer said that, defendant was convicted of grand larceny in the second degree, grand larceny in the third degree (four counts), scheme to defraud in the first degree, criminal impersonation in the second degree (four counts) and fortune telling (five counts), upon a jury verdict, and sentencing him to an indeterminate term of 3 to 9 years imprisonment for grand larceny in the second degree, four indeterminate terms of 1 1/2 to 4 1/2 years imprisonment for grand larceny in the third degree, an indeterminate term of 1 to 3 years imprisonment for scheme to defraud in the first degree, four definite terms of one year imprisonment for criminal impersonation in the second degree, and five definite terms of 60 days imprisonment for fortune telling, with all terms of imprisonment to run consecutive to each other.

A Queens Grand Larceny Lawyer said that, the defendant claims that he was not given fair notice of the grand larceny charges against him to enable him to prepare an adequate defense to those charges. He contends, in essence, that proper notification of the charges should not be reduced to a matter of guess work, and that a conviction on any count for which the defendant has not been given proper notification of the nature of the charge should not be countenanced. Specifically, neither the indictment, the bill of particulars, the Jury minutes supplied to the defendant which were redacted as to the victims’ names, the People’s opening statement, nor much of the trial, served to fully inform the defendant as to which individual complainants corresponded to the various counts of larceny.