New York

Published on: November 4, 2012

Defendant Ordered to Attend Alcohol and Drug Treatment Program

by Stephen Bilkis

This proceeding is taking place in the Supreme Court of the State of New York in St. Lawrence County. The case deals for a judgment that is pursuant to Article 78 of CPLR that was originated by a petition made by T.J. and verified on the 13th of November, 2007. The petitioner is an inmate at the Ogdensburg Correctional Facility and is seeking an order from this court to direct that he be credited with approximately 270 days of jail time that he allegedly spent in the Suffolk County and or Willard Drug Treatment Campus against his sentence of three years that was imposed by the Supreme Court of Suffolk County. Additionally, a New York Criminal Lawyer said the petitioner seeks for this court directing his immediate enrollment in the DOCS Comprehensive Alcohol and Substance Abuse Treatment program.

Case Background

On the third of July, 2003, the petitioner was sentenced in the Suffolk County Court as a second felony offender. His sentence was imprisonment of three to six years and was for a conviction of attempted criminal sale of a controlled substance in the third degree (drug possession). DOCS received the petitioner in their custody on the 14th of July, 2003. He was entitled to 67 days of jail time credit at the time. On the 29th of January the petitioner was released into parole supervision after completing the DOCS shock incarceration program.

Published on: November 3, 2012

Appellant Claims Due Process Right Violated

by Stephen Bilkis

The defendant in this case, R.C., is appealing a judgment made by the Supreme Court of Suffolk County. The judgment convicted the appellant of criminal sale of a controlled substance in the third degree. A New York Criminal Lawyer said the appeal brings up issues of denial of the defendant’s omnibus motion that was to dismiss the indictment and to suppress identification testimony. This case is being heard in the Supreme Court, Appellate Division, Second Department.

Case Background

In June of 1984, in response to numerous complaints made by residents in the Wyandanch, Long Island, area that the community was becoming an open drug market, an undercover operation was conducted by the Suffolk County Police.

Published on: November 3, 2012

Defendant Claims he was Subjected to Custodial Interrogation

by Stephen Bilkis

The respondent of this case is the People of the State of New York. The appellant in the case is M.T. This case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. M.T. is appealing a decision that denied his motion to vacate two judgments from the same court that convicted him of murder in the second degree.

Case Facts

On the 7th of September, 1988, S.T. and A.T. were attacked fatally (murder) in their home located in Belle Terre, New York. When the police arrived at the scene of the crime, the defendant, who is the son of the victims and was 17 years old at the time, repeatedly told the police that his father’s business partner, J.S. committed the murders.

Published on: November 2, 2012

Defendant Claims Court Erred in Not Allowing Key Testimony

by Stephen Bilkis

The People of the State of New York are the respondents and Zachary R. Gibian is the appellant in this case being held in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. The defendant is appealing a judgment made by the Supreme Court of Suffolk County that was issued on the 17th of January, 2007 and convicted him of murder in the second degree.

Defendant’s Argument

A New York Criminal Lawyer said the defendant identifies three grounds for this appeal to reverse his conviction. The first is for the preclusion on the grounds of hearsay of the statements that were made by the defendant’s mother. The second is juror misconduct during deliberations. The third is the summary curtailment of the closing statement made by the defense counsel.

Published on: November 1, 2012

Plaintiffs Sue Author for Publishing Defamatory Matter

by Stephen Bilkis

This case involves the respondent D.R. and the appellants. The case is being heard in the Court of Appeals of New York. The action is for defamation as the plaintiff is a Justice of the Supreme Court in the Second Judicial District. He alleges that he was libeled in the book “Cruel and Unusual Justice” that was authored by the defendants. The defendants motioned for summary judgment in the case after extensive pretrial discovery. The motion was denied by Special Term. The Appellate Division affirmed this decision in a closely divided court. The defendants were granted leave to appeal to our court on a certified question.

Court Discussion

A New York Criminal Lawyer said the question before the court is whether the plaintiff has established the existence of material facts that are sufficient to create a triable issue for his libel cause of action.

Published on: October 31, 2012

Defendant Claims Grounds for Indictment are Insufficient

by Stephen Bilkis

This is a case being heard in the Suffolk County Court. The case involves the People of the State of New York against the defendant K.M. The defendant has been accused of acting in concert with another in commission of the crimes of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree. K.M.has moved for the charges against him to be dismissed on the account that the indictment is defective and that it was not found on legally sufficient evidence.

Defendant’s Argument

A New York Criminal Lawyer said the defendant argues that the indictment is deficient as it fails to conform to CPL section 200.30, subdivision 7. This section requires that a plain and concise factual statement of each count must be made. It further states that the defendant must be clearly apprised as to the matter of the accusation that is made against him.

Published on: October 31, 2012

Court Decides Possible Acquittal by Reason of Mental Disease

by Stephen Bilkis

This case involves a matter of a recommitment proceeding in relation to Criminal Procedure Law in relationship to the respondent Francis S. The petitioners and appellants in this case are the District Attorney of New York County and the Commissioner for the New York State Office of Mental Health.

A New York Criminal Lawyer said the main issue before the court is whether an acquittal by reason of mental disease or defect of a person who has repeatedly violated the order of conditions that he gained upon release and who is still mentally ill, a poly substance abuser, given to acts of violence and still found to be not suffering from a dangerous mental disorder is appropriate.

Case Background

Published on: October 30, 2012

Court Rules on Probation Violation

by Stephen Bilkis

The People of the State of New York are the respondents of this case. S.H. is the appellant. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The defendant is appealing an amended judgment from the County Court of Suffolk County that revoked a sentence of probation that had been previously imposed by the same court.

Case Background

A New York Criminal Lawyer said the defendant pleaded guilty to a charge of burglary in the third degree on the 12th of March, 2003. He was sentenced by the County Court to a term of six months in the Suffolk County Correctional Facility. This was to be followed by five years of probation. There were terms set for his probation that included that he report as directed to his probation officer, submit to drug testing, and make reparations in the amount of $1000 plus a 5% surcharge to be paid to the Probation Department of Suffolk County.

Published on: October 30, 2012

Defendant Moves to Suppress Identification Testimony

by Stephen Bilkis

The defendant in this case is M.B. He has made an omnibus motion requesting several forms of relief. The People of the State of New York are the plaintiffs in the case. The County Court of the City of New York in Suffolk County is hearing the case.

Case Discussion

A New York Criminal Lawyer said the defendant’s omnibus motion has requested discovery pursuant to CPL 240.20. The People have answered that they have provided their entire discovery to the defense. The defendant has not submitted a reply to contest the sufficiency of the answer that was provided by the People. For this reason, it seems that the request has been complied with.

Published on: October 29, 2012

Court Determines if Evidence of Previous Crimes Can be Admitted

by Stephen Bilkis

The People of the State of New York are the respondents in this case. Peter Wayne Orth is the appellant. The case is being heard in the Supreme Court, Appellate Division, Second Department. A New York Criminal Lawyer said the defendant is appealing a judgment made by the Supreme Court of Suffolk County that was rendered on the 8th of March, 1977. The judgment convicted the defendant of robbery in the first degree upon a jury verdict. The defendant has two other orders from the same court, one from the 15th of October 1979 and the other from the 5th of January, 1982, both denying the motion for the judgment of conviction to be vacated and the indictment dismissed.

Case Background

The defendant has been convicted of a robbery that took place at a drugstore in Babylon. During the course of the robbery both drugs and money were stolen.