Queens

Published on: March 18, 2013

Court Decides if Criminal Offense Disallows Adoption by Defendant

by Stephen Bilkis

A child was born on August 9, 2004. Since September 22, 2004, when the child was discharged from the hospital, on the basis of a petition that had been filed alleging that his biological mother had neglected him, the child has resided in the home of his maternal cousin and her husband.

A New York Sex Crimes Lawyer said the adoption home study prepared by a social worker employed by New York Foundling, the foster care agency that has care and custody of the child describes him as a healthy seven-year-old boy with no special needs who is developing age-appropriately, and who is beginning regular second grade classes. The home study also reflects the fact that the child’s maternal cousin and her husband have been married for over thirteen years and that they are both employed. The maternal cousin is a nursing assistant, and her husband is the Head Supervisor of the Custodial Department of a State College. Also residing in the home is the couple’s fifteen-year-old biological son. The social worker describes the biological son as healthy, doing well in school, and having a positive and loving relationship with the child. The adoptive parents, their son and the child reside in a three bedroom house in New York.

The couple has been involved in the child’s life since he was a baby. One can see that they love the child very much and that he means the world to them. A New York Sex Crimes Lawyer said they were observed by the social worker to be very attentive and affectionate toward the child, who lovingly refers to them as mommy and daddy. They share an inseparable bond with the child, and have a good understanding of his needs. They are providing effectively for his physical, emotional, and spiritual needs. The couple understand and willing to accept the moral and legal responsibilities of adoption. Their commitment to the child is deep rooted and they have made it clear that he knows that they are there for him. The child feels the same strong sentiments toward the family and although too young to fully comprehend adoption, he is a happy, well-adjusted child for he knows that he is loved and wanted. Based on the overall progress the child has made in the home, it is therefore recommended that the application for adoption submitted by the couple be approved and that the child be adopted by the caring family.

Published on: March 1, 2013

Court Determines if 18yr. Old Must Register as a Sex Offender Under SORA

by Stephen Bilkis

An 18 year old man was indicted in Florida for Sexual Battery in October 1997. When he was arrested and arraigned under the indictment, the 18-year old entered a nolo contendere plea (this means he did not plead guilty or not guilty but that he was not contending the indictment). A New York Sex Crime Lawyer said the trial court withheld a judgment of conviction and instead ordered that the 18-year old be placed under order of supervision. He was required to be under four years’ probation. The Florida trial court also ordered the 18-year old to register as a sex offender in the state of Florida. This sexual offender registry is the equivalent of New York’s sex offender registry under the Sex Offender Registration Act.

The 18-year old finished his four-year probation. In February 2006, the 18-year old wrote to the Criminal Justice Services of the state of New York to inform it that he was a registered sex offender in Florida who was contemplating on moving to New York.

The Criminal Justice Services sent him the sex offender registration forms by mail and sent him a letter requiring him to register under the SORA. A New York Criminal Lawyer said the Board also recommended that he be registered as a sex offender. The Supreme Court in Kings County assessed his risk level as level 1.

Published on: January 26, 2013

Defendants Bring Motion to Supress Evidence in Sex Crimes Case

by Stephen Bilkis

This is a case for the sex crime of obscenity where the defendants filed a motion to suppress certain evidence presented during the trial. In the motion, they raised as a contention that the prosecution was stopped from introducing evidence for acts of sodomy since there was a previous acquittal of the defendants for the offense of consensual sodomy.

A New York Sex Crimes Lawyer said the surrounding facts of the case were that the appellants had been earlier charged of consensual sodomy and promotion of obscenity for performing in a show participated by the defendants. After trial, the parties charged were acquitted for the sex crime of consensual sodomy but a hung jury resulted for the charge of promoting obscenity.

A retrial was processed for the felony of promoting obscenity and, during the trial, the prosecution showed evidence that included testimony in relation to the alleged acts of sodomy. Based on the ground that the there was acquittal granted to the appellants for the consensual sodomy, such testimony relating thereto should not be presented as evidence since it would constitute double jeopardy and constructive estoppel.

Published on: January 25, 2013

Defendant Says Ineffective Counsel Resulted in Unjust Conviction

by Stephen Bilkis

An appeal was filed by the state for the denial of the court of its motion for summary judgment to dismiss the claim of the claimant who maintained an action for wrongful conviction. A New York Sex Crimes Lawyer said the court reviewed the records of the case and found insufficient evidence that would support the claimant’s allegation of unjust conviction for the charge of attempted rape in the first degree. Although it was noted by the court that the counsel of the accused had difficulty communicating with him, such concern did not result to his lawyer’s unwillingness and inability to represent and forward his interest during the trial. The ground of ineffective assistance of an attorney is not proper for a claim of unjust conviction.

Based on the law applied, the grant of the claim for unjust conviction against the state, the claimant must establish that the “the judgment was procured by duress, misrepresentation or fraud on the part of the court or a prosecutor or a person acting for or in behalf of a court or a prosecutor.” The indictment of the respondent must prove before the court of claims that there was coercion or fraud used by the court to obtain hiss plea of guilty to the crime charged against him. A New York Sex Crimes Lawyer said there must be clear showing in the statement of facts that would establish his innocence or the conviction was caused by his own conduct alone, otherwise, his claim must be dismissed.

The claimant presented a document evidencing that he entered a plea of guilty for a lower offense of attempted rape instead of charging him with graver sex crimes like sodomy and sexual abuse. But, later on, the felon withdraw his plea of guilty on account that he made it involuntarily and because of the colossal pressure and coercion placed on him by his legal aid counsel. The court found the allegations of the claimant to be distorted and self-serving as revealed by the records of the case.

Published on: January 23, 2013

Child Put in Foster Care After Severe Abuse

by Stephen Bilkis

Appellants are parents of three children and their parental custody was removed by the court, thus, the appeal was filed before the court for resolution.

In 1997, the father raped her 8-year old daughter during the time that his wife and two sons were asleep at the living room of their apartment. A New York Sex Crimes Lawyer said the child victim went to her mother holding herself tightly and bleeding from her vagina. The mother let her daughter take a shower, placed a sanitary pad to her daughter’s bleeding vagina and made her sleep in bed. The mother did not seek the medical assistance for her daughter as suggested by her husband. After a while, their daughter, being a rape victim, started complaining about stomach cramps and she continue to bleed and vomited.

Upon seeking medical treatment, the parents told a different story about what happened to their daughter and concealed the real story of what happened to their child. A New York Sex Crimes Lawyer said their daughter continued to bleed profusely. The mother even knew of a prior sodomy of her husband toward her daughter and also her husband’s mother accused him of a sex crime of his younger sister. Her daughter underwent operation and was confined in the hospital for ten days.

Published on: January 14, 2013

Ambulance Workers Attacked While Performing Their Job

by Stephen Bilkis

Many people do not appreciate the unpredictability that comes with the job for an emergency medical technician. Often, they do not have any idea of the volatility of the situation that they have been dispatched to. In most cities, if the call is for a victim of a fight, the EMTs are directed to wait until police officers have certified that the scene is safe for them to enter before they go in. In some situations, they are sent into a volatile situation without advance notice.

A New York Sex Crimes Lawyer said that on Christmas Eve morning of 2006 at about two thirty, one EMT crew discovered that no call can be considered safe, even as you are leaving it. The man and woman team had responded to a call of a woman with an injured hand and possibly another injured person at the scene at 190 Butler Street in Brooklyn, New York. It appears from the transcript of the call that the technicians were notified that the injuries were the result of a fight, but police were not dispatched to the call until the female EMT placed the radio call for emergency assistance.

The team had arrived at the apartment building and noticed that there was a large group of people in front of the building. Everyone seemed to be in a festive mood and greetings were exchanged. A New York Sex Crimes Lawyer said the team was taken to an apartment in the back where they treated the female with the injured hand and recommended that she go to a hospital for x-rays. She told the team that she had been in a verbal argument with a man and had punched the wall and injured her hand. She stated that she would go to the hospital on her own and the team walked back to their marked ambulance.

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 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: October 24, 2012

Court Rules on SORA Case

by Stephen Bilkis

A man lived in his mother’s house with his sister who was a minor. One day, the man chanced upon his sister in the bathroom of their house. he man tried to rape his sister. The sister resisted and was able to escape from her brother. She reported the incident to their mother and she reported the incident to the police.

Her brother was charged with attempted rape in the first degree and sexual abuse in the first degree. Prior to the arraignment, the lawyer for the man asked the trial court to order a psychiatric evaluation of the accused. A New York Criminal Lawyer said two psychiatrists examined the accused and they had similar findings. The first psychiatrist rendered an opinion that the accused suffered from psychiatric disorders which were not specified. A second psychiatrist rendered an opinion that the accused suffered from psychosis. Both of them agreed on the finding that the accused was a threat to himself and to others but that he was fit to stand trial because he was capable of understanding the nature of the charges against him and he can assist in defending himself. Both psychiatrists also recommended that the accused be hospitalized. For this reason, the accused was placed under the custody of the Commissioner of Mental Health.

The accused pleaded guilty to sexual abuse in the first degree and he was sentenced to six months imprisonment and ten years probation.

Published on: October 9, 2012

Defendant Submits a Nolo Contendre Plea

by Stephen Bilkis

In this sex crime case, by an Information, the State of Florida charged that, on October 1, 1997, petitioner, who was 18 at the time, violated former Florida Statutes § 800.04(3) by committing an act of Sexual Battery as defined in Florida Statutes § 794.011(1)(h) upon a child under the age of 16. A New York Sex Crimes Lawyer said that, petitioner entered a plea of nolo contendere to the charge for which the court withheld adjudication, and the court entered an “order of supervision” placing petitioner on “sexual offender probation” for four years. In March 2001, the Florida court granted a defense motion to terminate petitioner’s probation and petitioner was thereafter required to register as a sex offender under Florida Statutes § 943.0435, Florida’s version of SORA.

Prior to moving to New York, petitioner sent a letter to the New York State Division of Criminal Justice Services (DCJS) informing it that he was required to register as a sex crime offender in Florida and the he intended to move to New York by February 8, 2006. DCJS thereafter sent petitioner sex crime offender registration form, which petitioner executed and returned. After receiving this form, the Board, in a letter determined that petitioner was a sex crime offender required to register under SORA, and upon the recommendation of the Board, the court determined that petitioner’s Final Risk Level Determination was level 1.

A New York Criminal Lawyer said that, petitioner commenced an Article 78 proceeding to vacate the Board’s determination that he was required to register as a sex crime offender under SORA. In a decision the court determined that petitioner was entitled to a hearing to determine whether petitioner was properly served with the Board’s notification letter informing him that he was subject to the registration requirements of SORA. Rather than proceed with such a hearing, the Board, stipulated that it would recommence the registration process and “re-issue a final determination.” Thereafter, the Board issued a new determination informing petitioner that he was required to register under SORA because he had been convicted of sex offense as set forth in Correction Law § 168-a.