New York

Published on: April 19, 2012

Court Determines Custody in Light of Domestic Violence Allegations

by Stephen Bilkis

A New York Sex Crimes Lawyer said that the defendant-mother (hereinafter referred to as mother) and plaintiff-father (hereinafter referred to as father) were married in December 1996 and in 2003 were physically separated when the mother left the marital residence alleging abuse against her and the children.

The mother moved for an order of custody and modification of prior orders of custody entered in the Family Court, on consent. There are two (2) children of this marriage ages 14 and 9.

On 27 June 2003 the father filed a petition for custody in Family Court, Kings County.

Published on: April 18, 2012

Court Decides of Removal of Children From Home is Appropriate

by Stephen Bilkis

A New York Criminal Lawyer says that New York Statutes relating to the removal of children from their natural parents is clear. The state will do everything possible to keep families together. Often the attempt to reunite natural families does more harm than good. Being a parent is more than bringing a child into the world. It is a big responsibility. It takes maturity and strength of character. People who are addicted to drugs or alcohol do not have the ability to care for children. Their addiction can lead to a hazardous home environment for children. Unfortunately, addicted individuals often lack control over their emotions and actions. This lack of control may lead to domestic violence. A home where the parents are violent toward one another is a home filled with fear. Children are generally unsupervised and often neglected entirely.

A New York Drug Possession Lawyer said that New York authorities will remove the child or children until they feel that it is safe for them to be returned to their parents. The parents are required to attend parenting classes and often drug and alcohol treatment before the children are returned. However, sometimes the children are returned during the classes. In some cases, the parents are unable to resist the pull of their addictions and chose their addictions above the lives of their children. In these cases, the New York Family court Act §1089 details the steps that are required to free the children so that they can be adopted by parents who are capable of caring for them.

In some cases, the children are removed, and reunited numerous times over several years before the state petitions to free the children for adoption. One case of this nature began with the parents of seven young children. A New York Criminal Lawyer said the entire family lived in a one room shelter apartment together. The children, ages nine, eight, four, one ½, and five months, were born to parents who were addicted to drugs and alcohol. The father was a convicted batterer of the mother. For the following ten years, these children were removed and replaced five times. Each time, the parents would claim that they were going to take the classes. They never did. The father was enrolled in counseling for batterers, but he never attended the classes. The parents were drug tested repeatedly. Each time that they were tested, they either failed the tests or the urine samples showed that they were tampered with. Most likely when they switched urine from a child for their own in an attempt to pass the test.

Published on: April 18, 2012

Defendant Argues that Revocation of Gun License is Unfair

by Stephen Bilkis

A man had applied for and was granted target pistol licenses for his two pistols since May 1967. In 2001 the License Division of the NYPD converted all target pistol licensed into Premises Residence Licenses. Accordingly, man’s the pistol license renewal applications were converted into renewal applications for Premises Residence Licenses. On September 10, 2004, the NYPD License Division approved his renewal application and issued him a new Premises Residence License.

A New York Criminal Lawyer said that in June 2006, the NYPD received a notification that the gun licensee was arrested for a domestic dispute. The NYPD confiscated the licensed firearms. When they came to his apartment, they found two rifles in his residence which were not licensed. These were confiscated by the NYPD as well.

The police were called to the home shared by the gun licensee and his wife. The wife testified that she and her husband had a verbal dispute and as a result of their argument, the gun licensee assaulted his wife by punching her and kicking her. The wife also retaliated and assaulted her husband by punching and kicking him as well.

Published on: April 18, 2012

Robbery Defendant Seeks to Have Confession Excluded

by Stephen Bilkis

On November 22, 1965, a Supreme Court judgment was handed down convicting a man of robbery in the third degree. He pleaded guilty and was given a sentence in accordance with the fact that he was a second felony offender. He later appealed on August 9, 1965 requesting that certain evidence should be suppressed. That motion was over ruled.

A New York Criminal Lawyer said on September 30, 1965, he attempted to have his alleged confession excluded and attempted that again on November 22, 1965. Both motions to exclude his confession and to withdraw his guilty plea were reviewed. The motion to exclude his confession was denied, but his motion to withdraw his guilty plea and substitute a plea of not guilty to the indictment was granted and the case was sent to trial. On September 30, 1965, the justices reversed the conviction on the law and then agreed to exclude his confession.

The defendant in question was arrested in the act of attempting to burglarize a closed and locked business at approximately eleven o’clock at night. He was seen standing on the roof of a garage, attempting to gain entry through a closed window. The defendant refused to answer questions at the scene and a search of his person revealed that he was carrying a knife that was partially broken apparently while trying to force open the window. Also on his person, were identification cards and papers that belonged to a pharmacist who had recently been robbed.

Published on: April 18, 2012

Robbery Results in Death of Victim

by Stephen Bilkis

On December 5, 1975, an elderly woman was living alone in her home in forest Hills, New York. A New York Criminal Lawyer said her home was attached to another home on the side of it and she had difficulties getting along with her neighbor. On December 5th , burglars broke in to her home and tied and gagged her as they rummaged through her home and stole her belongings including several fur coats. A piece of cloth was shoved into her mouth to work as a gag. During the robbery or shortly thereafter, the gag that was in her mouth cut off her oxygen supply and she suffocated.

On December 12, police arrested a 58 year-old used furniture store owner in Manhattan. He was not connected to the victim by any obvious means. The police also arrested two employees of the furniture salesman. One was a man with a lengthy criminal record for possession of stolen property and the other was a seventeen year-old female who was also an employee of the shop. The trio was transported to the 106th precinct where they were Mirandized. The seventeen year old girl had a history of drug usage and the police suspected that the events of that night were fueled by the prospect that the crime might be drug related.

However, when the trio was Mirandized, the defendant store owner stated that he understood his rights and that he did not want to make any statements. He did not request an attorney. After four and a half hours, the defendant called the detective to his cell and informed him that the wanted to speak to a District Attorney about a deal in his case. The officer informed him that the District Attorneys had already gone home for the day. The detective asked him if he wanted to tell him anything and the defendant did not respond.

Published on: April 17, 2012

Husband and Wife Both Seek Custody of Children

by Stephen Bilkis

A woman and his partner both filed for child custody petition in Court. The woman was born and raised in Florida where she lived with her mother and father until her parents divorced. She continued to live with her father until she was 22 and got her own apartment. The woman’s partner was born in Puerto Rico and was raised in Bronx. He has been living in New York for the past 10 years. The parties met on line in 2002 and they actually met in person when the woman came with a friend in New York for vacation. A New York Criminal Lawyer said in May 2004, the woman invited the man down to Florida for the weekend and their relationship became intimate. At some point during their relationship, the parties made the decision to have a child together.

In October 2004 the woman learned she was pregnant and that same month, the man took his two-week vacation and went to Florida to be with the woman. He brought his daughter with him and they discussed the possibility of him moving to Florida. While he was there, he looked for a job by posting his resume on a Web site and checking the local newspapers. The father got a couple of calls but when he went to be interviewed with the County school for a job as a locksmith, he was told that he was overqualified for he was making $17 an hour at his job in New York and they were offering only $10 an hour. A Westchester County Criminal Lawyer said that alhough he said he would start at any entry level, he was not offered the job.

At the end of 2004, the woman was terminated from her job as a general claims clerk in Florida for taking more time off than her allotted annual leave would cover. Although the father admitted they had plans to move, after she lost her job, he told her they would live better in New York since he had a stable job and stable home. The man’s mother would provide childcare, and he does not want anyone but family to care for their son. The woman never wanted to move to New York but agreed to do so because she felt that it would be only temporary until they have saved money for a house and move back to Florida. The woman admitted that her partner never gave her an exact time frame but she assumed that it would be within a few years.

Published on: April 16, 2012

Court Claims Jurisdiction in Domestic Violence Matter through IDV Courts

by Stephen Bilkis

A man was charged with the offense of harassment in the second degree. Subsequently, the court issued an order of protection directing the man to stay away from the complainant and refrain from harassing, intimidating, threatening her, or committing any acts of domestic violence. After that, a misdemeanor charge of criminal contempt in the second degree was commenced against the man alleging a violation of the order of protection. Consequently, the man initiated a matrimonial action against the complainant.

A New York Criminal Lawyer said the court having been assigned to the related matrimonial action, determined that it would promote the administration of justice to transfer to the Integrated Domestic Violence (IDV) part the charges pending against the man in the district court and by the order the district court, the matters were transferred to the IDV Part.

The man now moves for an order to dismiss the district court cases for lack of subject matter of authority. The man alleges that criminal procedure law mandates the dismissal of the cases transferred from the district court. The man’s motion is determined. A Westchester County Criminal Lawyer said the discussion of the man’s contentions begins with an assessment of the legal authority of the courts.

Published on: April 16, 2012

Court Determines if Evidence Submitted by Defendant is Inadmissable

by Stephen Bilkis

A husband moved an action against his wife’s lawsuit to take a statement to be offered in court on his behalf by issuance of a request letter. The wife opposes the application of motion.

It started when a wife alleges that she was a victim of domestic violence committed by his husband. However, the husband moves for a letter requesting for information to take the statement of the wife’s sister. The husband argues for his sister-in-law’s granted permission for the recorded telephone conversation between his wife and his sister-in-law at which time his wife made certain admissions. The husband asserts that the recorded conversation contains statement which is necessary for the trial on the issues of custody and domestic violence.

A New York Criminal Lawyer said the husband asserts that a letter is requested because the prospective witness, his wife’s sister, resides in another country and therefore is not within the jurisdiction of the court. The counsel further stated that the wife’s sister is physically unable to travel to testify at the time of trial because she is suffering from a blood clot in her lungs. Further, the counsel neither annexed an affidavit by a person with actual knowledge nor certified medical documentation supporting the counsel’s assertion.

Published on: April 15, 2012

Man with History of Domestic Violence Applies for Gun Permit

by Stephen Bilkis

A man applied to the license division of the police department for a premises pistol permit. As required by the application, the man answered numerous questions pertaining to his qualification. The questions include as to whether he had ever been arrested and was an order of protection ever issued against him. The man answered yes to the abovementioned questions. The man also submitted notarized statements describing the circumstances of his two arrests.

The man’s first arrest happened when he was in college. He states that he fraudulently applied for and received unemployment benefits. He pled guilty to petit larceny, paid full compensation and was awarded a certificate of relief from civil disabilities.

A New York Criminal Lawyer said the man’s second arrest occurred at a random traffic checkpoint. When the officers checked his license, the officer discovered that it was suspended in accordance to a family court child support enforcement unit order. The man states that it was an error because he had already appeared before in the family court judge and made all the payments. The man obtained the necessary documentation to verify his claim.

Published on: April 15, 2012

Court Says Evidence is Protected by Common Law Victim-Counselor Privledge

by Stephen Bilkis

A woman charged a man with criminal action of various felonies arising from alleged domestic violence. A non-profit corporation has moved to quash a subpoena issued by the District Attorney to provide the address and telephone number of the complainant of the criminal action. The non-profit corporation asserts that in accordance to the Social Services Law and the regulations promulgated under it, the non-profit corporation is prohibited from releasing to the District Attorney the actual address where the resident is being sheltered. In addition, it argues that the information sought is also shielded by a common-law victim-counselor privilege.

A New York Criminal Lawyer the motion to quash is denied. Section of the Social Services Law states that the street address of any residential program for victims of domestic violence applying for funding pursuant to this article shall be confidential and may be disclosed only to persons designated by rules and regulations of the department. At the same time, section of the State Code of Rules and Regulations provides for the confidentiality of facility addresses as each program must maintain a business mailing address separate and distinct from the actual address where residents are sheltered. When releasing the address of any resident, programs must release only the business address of the program and not the actual address where the resident is being sheltered.

On the other hand, section of the State Code of Rules and Regulations provides for access to confidential information pursuant to an order by a court of competent jurisdiction. The non-profit organization argues that the specific prohibition of the State Code of Rules and Regulation limits the broad disclosure permitted pursuant to a section of the said Code.