New York Criminal Lawyer Blog
A man was indicted on charges of four counts of grand larceny in the second degree. He was arraigned and he was tried. A New York Criminal Lawyer said that after the presentation of the evidence for the prosecution, the counsel for the accused asked the court that instead of the four counts of grand larceny, the court consider instead charging the accused of four counts of criminal facilitation in the fourth degree. The trial court found that criminal facilitation in the fourth degree was a lesser included offense of Grand Larceny.
The trial court charged the man instead of four counts of criminal facilitation. The jury convicted him of the same charges and he was sentenced. The accused filed a motion to set aside the verdict of guilt on the ground that the lesser criminal offense of criminal facilitation is not a lesser included offense of grand larceny.
It was the contention of the accused that since the trial court did not have jurisdiction over the crime of criminal facilitation, it cannot have the power to charge the accused of that crime. However, the Supreme Court or Queens County found that since the accused himself moved that he be charged with the lesser included offense of criminal facilitation, he has waived his right to question the charge.
The only question is whether or not the crime of criminal facilitation is a lesser included offense in the crime of grand larceny in the second degree
A Bronx Criminal Lawyer said the Court held that grand larceny and criminal facilitation are punished under different sets of laws. The Court also held that criminal facilitation is not a lesser included offense of grand larceny in the second degree because criminal facilitation comprehends any act that intends or gives aid to anyone committing a felony.
Here, the charges of grand larceny in the second degree was not based on any fact that shows that the accused aided any other person in the commission of a felony or that the accused acted as an accessory either to facilitate the commission of a felony or to aid someone who has already committed a felony.
There are no common elements between criminal facilitation and grand larceny in the second degree. The crime of criminal facilitation requires that a person accused of this crime “act in concert” with another. Under the facts on which the indictment was based, there was no allegation that the accused acted in concert with another.
There was no allegation that the accused provided the means or the opportunity to commit the felony. There was no allegation that the accused provided the means or the opportunity to steal or take the property belonging to another.
The Court finds that in theory, the crime of criminal facilitation in the fourth degree is not a lesser included offense in the crime of grand larceny in the second degree and as such, it should not have been submitted to the jury as a charge against the accused.
The Court is cognizant that the accused has waived any objection to the error when the accused himself requested that he be charged with the crime of criminal facilitation in the fourth degree instead of the crime of grand larceny in the second degree.
The Court opined that unless a timely objection is made, the mistake in charging a crime which is not in reality a lesser included offense will stand. This kind of error does not affect the jurisdiction of the trial court. A New York Sex Crimes Lawyer says the charge stands because the accused has asked that he be charged with criminal facilitation instead. Upon review of the sentence imposed, the Court was also of the opinion that there was no grave abuse of discretion on the part of the court.
Were you charged with grand larceny? Are you thinking of pleading guilty to the charge? Before you plead guilty to the charge of grand larceny, it would be wise to consult a New York Criminal Lawyer who can explain to you the nature of the charge against you and the penalty you face if you plead guilty. A New York City criminal lawyer will also inform you of the other civil penalties you face if you plead guilty to the charge. Call or visit Stephen Bilkis and Associates at any of their offices in the New York area. Their NYC Criminal lawyers on staff are willing to represent you and to advice you. Come and confer with the NY Criminal lawyers from Stephen Bilkis and Associates today.