Articles Posted in Queens

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.

Case Background

On the second of June in 2005 at around 3:20 in the afternoon, the victim, 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. A New York Sex Crimes Lawyer said 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.

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The People of the State of New York are the respondents in this case of appeal. The appellant is James Lavender, 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

A New York Sex Crimes Lawyer said 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.

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This is a case involving the People of the State of New York against the defendant George P. Tobler. The case is being heard in the Supreme Court of the State of New York, Criminal Term in Suffolk County, Part I. The defendant of the case has moved to compel a cooperation agreement with the plaintiff’s. A New York Sex Crimes Lawyer said he states that he will provide information in support of indictments of others in exchange for consent by the District Attorney to a plea of a lesser charge against him and a recommendation that he should not be incarcerated.

Additionally, the defendant seeks a dismissal of the indictment because of the legal insufficiency of the Grand Jury minutes, prosecutorial misconduct, and selective prosecution. Following this relief he moves for a change of venue and discover and inspection.

Case Background

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Bronx County Rape 7

Alberto Ramos is the appellant and respondent of this particular case. The respondent and appellant of the matter is the City of New York.

Case Background

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This is a case for appeal being heard in the Third Department, Appellate Division of the Supreme Court in the State of New York. Mark S. is the appellant of the case and the State of New York is the respondent. Mark S. is appealing two orders that were made by the Supreme Court. The orders found the appellant to be to be a dangerous sex offender and confined him to treatment in a secure facility.

Case Background

The defendant has an extensive criminal and psychiatric history that includes being convicted for two rapes and forcibly touching three different females. A New York Sex Crimes Lawyer said he was charged with third degree rape, third degree sodomy, and endangering the welfare of a child by having sexual relations with a girl who was less that 17 years old in June of 2003. The defendant states that the sex with the young girl was consensual and he thought that she was 17, even though he had been told that she was younger. He pled guilty to the third degree rape charge in May of 2004 to satisfy all of the charges that were made against him. He was sentenced to five months in jail and ten years of probation.

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This case is taking place in the Appellate Division of the Supreme Court of New York, Second Department. The appellant in the matter is the People of the State of New York. The respondent in the case is Frederick Wilkinson. A New York Sex Crimes Lawyer said the defendant is appealing a judgment made by the County Court of Suffolk County that convicted him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled sentence in the third degree.

The issue being argued on appeal is whether admission of evidence that the defendant, who was on trial for a single sale of cocaine, sold drugs to the same buyer on more than one occasion was an error in the case that requires a new trial in the matter.

Case Background

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The complainant trader who committed an error was indicted and convicted, under the Revised Statutes of the State, for the criminal act of selling liquor without a license. The indictment contained several specifications but they were all similar.

The jurors, for the Commonwealth of Massachusetts, upon their oath present, that a trader man from Georgetown, in said county, he not being then and there first licensed as a retailer of wine and spirits, as provided in the Revised Statutes of said Commonwealth, and without any license therefor duly had according to law, did presume to be, and was, a retailer of wine, brandy, rum, and spirituous liquors, to a buyer, in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, and did then and there sell to the said buyer, two quarts of spirituous liquors, and no more, against the peace of said Commonwealth and the form of the statute in such case made and provided.

A New York Sex Crimes Lawyer said a criminal conviction having taken place under the indictment upon the statutes, the trader filed several exceptions. It appeared upon the trial that some of the sales charged in the indictment were of foreign liquors, and his Honor directed the jury that the license law of the Commonwealth applied as well to imported spirits as to domestic, and that the Commonwealth could constitutionally control the sale of foreign spirits by retail, and that said law is not inconsistent with constitution or revenue laws of the United States. The accused trader excluded to the ruling.

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Respondents committed criminal acts of burning a cross and properties during a gathering. They were convicted of violating Virginia’s cross-burning statute, Sec. 18.2-423.

The statute provides:

“It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place. Any person who shall violate any provision of this section shall be guilty of a Class 6 felony.

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In New York, there are many different levels of sex crime offenders. A New York Sex Crime Lawyer said often the difference between the crimes are reduced to one or two words that are found in the different laws. In one case that occurred on May 2, 2011 and on May 14, 2011, the same offender was involved in both cases. On May 2, 2011, he was charged with sodomizing a young woman forcibly and against her will by forcing her to commit oral sex on him and then forced anal sex on her. On May 14, 2011, before he could be arrested on the first offense, he assaulted another woman. During this assault, he forcibly fondled the woman’s breasts and then raped her vaginally.

He was charged with Predatory Sexual Assault in both cases. However, his indictment passed down by the Grand Jury, only charged Predatory Sexual Assault in the case of the victim on May 14, 2011 and did not proceed on the charges of Predatory Sexual Assault in the case of the victim who was assaulted on May 2, 2011. The reason for this action, was that the charge of A New York Sex Crimes Lawyer said predatory Sexual Assault requires that the action must have been taken on at least one prior occasion. In this case, a New York Criminal Lawyer the court determined that the more serious offense of Predatory Sexual Assault would only apply to the second offense with the first offense used to support the charge on the second victim. Predatory Sexual Assault is a more serious violation that is used to get serial sexual offenders off the streets longer than in the case of one time isolated incidents.

The defendant made a motion to the court to dismiss the charges in their entirety. He contends that since both cases were indicted at the same time, and the first offense was not indicted at all, that there is no precedent case to base the Predatory Sexual Assault charges on in the second offense. The prosecution contends that the Grand Jury heard the testimony in its entirety and determined that the indictment was prepared correctly. There is no wording in the legal statute that provides that the precedent case for Predatory Sexual Assault cannot be submitted at the same proceeding as the case that charges Predatory Sexual Assault. A Nassau County Sex Crimes Lawyer said the defense does not agree.

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The Facts:

Defendant is charged with two counts of criminal sale of a controlled substance in the third degree, in violation of § 220.39(1) of the Penal Law, committed on 18 October 1973, and two counts of criminal possession of a controlled substance in the third degree, in violation of § 220.16(1) of the Penal Law, committed on 23 October 1973. The narcotic drug involved in each instance was heroin; heroin sale and heroin possession.

A New York Sex Crimes Lawyer said that under the revised drug laws which became effective on 1 September 1973, each of the crimes charged is classified as an A–III felony, punishable by an indeterminate term of imprisonment, the minimum period of which, for a first offender, is from one to eight and one-third years, and the maximum of which is life imprisonment.

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