New York

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

Defendant Requests Reduced Charges for Bail Jumping

by Stephen Bilkis

The People of the State of New York are the appellants in this case. The respondent of the case is George Eiffel. The case is being heard in the Second Department Appellate Division of the Supreme Court of the State of New York. The appellant is represented by the Kew Gardens District Attorney Office with Andrew Zuckerman and Michael O’Brien for counsel. The respondent is represented by the law office of Robert M. Baum with Michele Maxian and Susan L. Hendricks for counsel. The judges overseeing the case are Bracken J.P., Eiber, Lawrence, and Santucci, JJ.

A New York Criminal Lawyer said he People of the State of New York are appealing an order that was made in the Queens County Supreme Court that is dated the 29th of November, 1991. The ruling from the Queens County Supreme Court allowed the defendant to reduce the charges of bail jumping in the first degree to bail jumping in the third degree.

Court Discussion and Decision

Published on: July 6, 2012

Defendant Seeks Resentencing

by Stephen Bilkis

This case involves the People of the State of New York versus the defendant Richard DeMarco a/k/a Richard Machado. The case is being heard in the Queens County Court. Judge John F. Scileppi is residing over the case.

The defendant of the case has moved for a writ of error and motions for an order to correct his sentence. He has three separate arguments for this relief.

Defendant’s Arguments

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 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

Defendant Requests DNA Test

by Stephen Bilkis

The People of the State of New York are the plaintiffs of the case. The defendant in the case is Roderick Keene. The case is being heard in the Supreme Court of the State of New York located in Queens County. Michael Gaffey is representing the defendant. The plaintiff is represented by Richard A. Brown, District Attorney’s office with Nicolleta J. Caferri for counsel.

Case Background

A New York Criminal Lawyer said on the fourteenth of February, 1989, a fifteen year old girl was accosted in the basement of her apartment building where she was attempting to do her laundry. The assailant threatened her with a gun and a knife and then dragged her into the incinerator room. He hit her in the head and then pulled down her pants, pushed her to the ground and placed his penis in her anus. He told her not to look at him. Someone approached the incident and the assailant heard them and fled from the scene.

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

Published on: July 4, 2012

Court Defines Category 2 Sex Offender

by Stephen Bilkis

The plaintiff for this case is the People of the State of New York. The defendant of the case is Marcus Wiggins. The case is being heard in the Supreme Court of the State of New York in Bronx County. Judge Dominic R. Massaro is presiding over the case.

The issue in front of the court is what risk level the defendant should be assessed at. The defendant pled guilty to attempted sexual abuse (sex crimes) in the first degree. The People in accordance with the Sexual Offenders Registration Act and the Board of Examiners of Sex Offenders state that the defendant Marcus Wiggins should be designated as a Sexually Violent Offender, Risk Level 2, when he is released. The defendant argues that this designation is incorrect. He states that 25 points were wrongfully added to his assessment for engaging in sexual intercourse, aggravated sexual abuse, or deviate sexual intercourse with the victim. The defendant states that he was convicted of an attempt and for this reason is not guilty of any of the above.

Case Facts

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.