New York

Published on: November 27, 2012

Defendant Claims Grand Jury Direction was Incorrect

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case against the defendant L.P. This case is being heard in the Supreme Court of the State of New York in Bronx County, Part C. The People have moved for an order to amend the direction of a duly empanelled Grand Jury from Bronx County to include the phrase “acting in concert with others” in the proof that was submitted in the case.

Case Background

A New York Criminal Lawyer said that on the 19th of February, 1986, the Grand Jury heard evidence against the defendant, L.P. in regard to crimes that allegedly occurred on the 11th of February, 1986. The incident included the defendant, two other males that were not found and a fourteen year old girl complainant. The complainant accused the defendant of accessorial sodomy and accessorial rape.

Published on: November 26, 2012

Defendant Argues Complaint Insufficient to State Cause of Action

by Stephen Bilkis

The People of the State of New York are the plaintiffs in a case against the defendant S.M. This case is being heard in front of the Criminal Court of the City of New York in Kings County. The defendant in the case has been charged with attempted sexual abuse in the second degree, attempted sexual assault in the third degree, unlawful imprisonment in the second degree, harassment in the second degree, and endangering the welfare of a child. The defendant has moved to have the charges against him dismissed.

Case Facts

The complaint in this case comes from a thirteen year old girl. The defendant is a teacher at the child’s school. On the day that the incident occurred the defendant walked the child to his home. The child wanted to leave the defendant’s home and the defendant proceeded to block the doorway and would not let her leave. The child states that the defendant asked her for a kiss and she said no. She says that he moved his face into close proximity of hers and tried to kiss her. A New York Criminal Lawyer said these actions caused the child to become alarmed and annoyed.

Published on: November 26, 2012

Defendant Contends Ineffective Assistance of Counsel

by Stephen Bilkis

This is a case being heard in the Supreme Court of Bronx County. The case involves the People of the State of New York versus the defendant E.D..

Defendant’s Case

A New York Criminal Lawyer said on or about the 6th of August, 2011, the defendant filed a pro se motion to have his conviction of rape in the first degree, kidnapping in the first degree, and coercion in the first degree from 1977, vacated. The defendant argues that his rights regarding the Confrontation Clause of the Sixth Amendment of the United States Constitution were violated during his trial when the hospital record, including notations made by a resident at the hospital who did not testify, was admitted into evidence.

Published on: November 26, 2012

Court Discusses Immigration Implications Regarding Sentencing

by Stephen Bilkis

The people of the state of New York are the plaintiffs in this case being heard in the Supreme Court of Suffolk County. The defendant in the case is J.C.. The defendant has moved to have his conviction for the Class E felony of Rape in the third degree vacated. The basis for his argument for this motion is that he lacked effective assistance of counsel.

Case Background

A New York Sex Crimes Lawyer said the defendant, J.C., illegally entered the United States with his father in the year 1991 when he was just sixteen years old. Mr. C. never attempted to become a citizen of the United States while he was living here and before he was prosecuted on the charges of rape in the third degree. He was not eligible for any type of program or amnesty after his illegal entry into the country.

Published on: November 25, 2012

Defendant Contends Juror was Forced Into a Decision

by Stephen Bilkis

The People of the State of New York are the respondents in this case of appeal. The appellant is J.L., who is appealing a verdict that was made by a jury in the Supreme Court of Bronx County on the 19th of March, 1984. This verdict convicted the defendant of attempted rape in the first degree and sentenced him to an indeterminate term of imprisonment of 25 years to life.

Case Background

The appeal in this case is made by the defendant as a result of a jury trial. A hearing testimony was held and took place over a period of four days. The jury commenced into deliberations at close to 12 p.m. on February 6, 1984. After deliberations and a rereading of some of the testimony of the case, the jury went to their hotel for the night at 11 p.m.

Published on: November 25, 2012

Appellate Court Agrees Trial Court Erred in Disallowing Expert Testimony

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York in New York County. The case involves the People of the State of New York versus the defendant Q.A..

Case Background

A New York Criminal Lawyer said on the second of June in 2005 at around 3:20 in the afternoon, F. U, who was thirteen years old at the time, was on her way home from school. She was going down the well lit stairs of the subway station near the corner of Essex and Delancey Streets in Manhattan. As she was descending the stairs a man she did not know approached her and asked for some change. The man stood face to face with her and she states that she did not think he was going to hurt her. She says that she looked directly at him and told him that she didn’t have any change.

Published on: November 24, 2012

Defendant Claims Unreasonable Delay in Sentencing

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case and the defendant is E.S.. The case is being heard in front of the Supreme Court of Bronx County.

Case Background

A New York Sex Crimes Lawyer said the defendant has a history of being a violent predicate felon. In June of 1996 he was charged with assaulting three correctional officers using a sharpened toothbrush. During this time he was in prison at the Rikers Island Correctional Facility. He entered a guilty plea for second degree assault regarding this matter.

Published on: November 24, 2012

People Move to Have Expert Testimony Precluded from Case

by Stephen Bilkis

The case involves the People of the State of New York against the defendant A.S.. The defendant has been charged with three robberies. He allegedly robbed a Gymboree store located on Third Avenue on the 18th of April, 2001 and again on the 15th of June, 2001. He is also charged with robbing the American Airlines office located on Broadway later on the same day of June 15th, 2001.

Case Background

On the 17th of June, an eyewitness a robbery at Gymboree picked the defendant’s picture out of a photo line up. A witness of the American Airlines robbery was shown the same group of pictures, but did not make identification.

Published on: November 23, 2012

Appellant Contends Malicious Prosecution

by Stephen Bilkis

A.R. is the appellant and respondent of this particular case. The respondent and appellant of the matter is the City of New York.

Case Background

The plaintiff, A.R. was a college student in 1984 and was studying to be a teacher. He was employed part time at the Concourse Day Care Center as a teacher’s aide. A New York Criminal Lawyer said the claim against the plaintiff was made by a five year old child that attended the day care. The child had previous records of sexually provocative behavior and had previously fabricated a claim of sexual abuse against one of her classmates while attending the Day Care Center. The mother of the child is E.H.

Published on: November 23, 2012

Appellant appeals Rape Conviction

by Stephen Bilkis

The People of the State of New York are the respondents in this case. The defendant and appellant in the matter is E.M. The case is being heard in the Supreme Court, Appellate Division, First Department. The defendant is appealing an order made by the Supreme Court of Bronx County that convicted him after a jury trial of the crime of rape in the first degree and sentenced him to a lesser sentence concurrent with a conviction of rape in the first degree.

Court Records

A New York Criminal Lawyer said in review of the case it is found that the defendant offered statements to the court standing by his plea of guilty. He bargained for this plea and did not want to withdraw it. The statements made to the probation officer that were thought by the court to be a protestation of innocence were not inquired into the court in any extent. A New York Drug Possession Lawyer said the order of the court to vacate the guilty plea must be set aside in this particular case.