New York Criminal Lawyer Blog

Published on: December 5, 2012

Court Looks at Intent to Commit Petit Larceny

by Stephen Bilkis

A man went to a house in a residential neighborhood. It was eleven thirty in the evening and all the three residents of the house were fast asleep. The man went up the roof and was preparing to enter the house through a bedroom with an open screened window.

A New York Criminal Lawyer said tne resident of the house was fast asleep in the bedroom as the man was trying to enter through the screen window. The noise made by the man outside the window woke the resident of the house. He had a .25 caliber hand gun in a drawer in his bedside table. He cried aloud and said “Who’s there?” When the man crouched down in an attempt to hide, the occupant fired a warning shot.

Another occupant called an emergency hotline and the man was unable to get down from the roof until the police got there. The man was charged with attempted breaking entering with intent to commit grand larceny. It was alleged that the three occupants in the house had cell phones, laptop computers and other valuables inside the house which could have been what the prowler intended to take.

Published on: December 4, 2012

Court Discusses Drug Crime of Facilitation

by Stephen Bilkis

A New York Criminal Lawyer said that, defendant L. is charged with facilitating a felony with respect to a “buy and bust” operation, in that, as reflected in the indictment “the defendant L. believing it was probable that he was rendering aid to T.P., a person who intended to commit a drug possession crime, did engage in conduct which provided such person with the means or opportunity for the commission thereof and which in fact aided such person to commit a felony.”

With the respect to the events underlying the indictment, the grand jury minutes contain the following testimony by the undercover officer, which constitutes all of the evidence as to the defendant’s conduct on October 9, 2006:

“I approached J.B. [defendant L.] and asked him if anybody was out. J.B. stated to me that he was looking too. So then we went together to the front of 1930 Grand Concourse. At that point in time we met with T.P., and J.G. stated to us to go inside the building. So then we went inside the building. I went in the rear with J.B. and J.G.. We walked to the rear of the building to the first floor, up one flight of stairs. At that point in time J.G. stated to me, “How many do you want?” I stated to him, “Two.” He then handed me two glassines which contained alleged heroin which was ink-stamped, “Magic.” I then handed J.G. $20 prerecorded buy money. At that point in time, as we were leaving, J.B. stated to me that I had to like “hook him up.” He then took one glassine from my hand.”

Published on: December 4, 2012

Defendant Contests Risk Assessment Designation

by Stephen Bilkis

Defendant W. was arrested for acting in concert with J.S. in allegedly committing the crimes of Kidnapping in the First Degree (Penal Law § 135.25 [1]), Rape in the First Degree (Penal Law § 130.35 [1]), Sodomy in the First Degree (Penal Law § 130.50 [1]), and Unlawful Imprisonment in the First Degree (Penal Law § 135.10), against one Sabrina on May 3, 2000, in the vicinity of East 233rd Street and White Plains Road in Bronx County. Defendant and co-defendant J.S. were subsequently indicted for all of the above charges. In the felony complaint, it was alleged that Defendant and J.S. detained S. in a car and refused to let her leave when she requested to do so. Further, when she attempted to get out, she was pulled back inside and her mouth covered when she tried to scream for help. Defendant and J.S. then held S. down while Defendant inserted his penis into her vagina and J.S. inserted his penis into her mouth, both without her consent. At the time of his arrest, when told that he was being charged with rape, Defendant responded, “I kind of had that feeling.” He was subsequently identified by both Sabrina and an eyewitness in separate corporeal lineups.

A New York Criminal Lawyer said that, in the course of the Grand Jury presentation, it was established that S. was with her friend R. R. knew Defendant and talked to him while S. was standing close by. S. and R. got into the back seat of the vehicle. When R. got out purchasing some cigarettes or marijuana, Defendant drove off with S. S. called to R. for help. However, S. pulled her back into the car. Defendant proceeded to drive to a parking lot. He then got into the back seat, grabbed S’s thigh and demanded that she place his penis into her mouth. Thereafter, Defendant removed S’s pants, held her hands down, and engaged in sexual intercourse with her against her will. L.S. then inserted his penis into S’s mouth and masturbated into her mouth while Defendant held her hands down as she was repeatedly shouting, “No.” L.S. then struck S. in the mouth. Afterwards, Sabrina was driven to within one block of her home and forcibly thrown out of the car.

A Brooklyn Criminal Lawyer said DNA tests performed on the victim and Defendant revealed that his semen and that of another male were found on a vaginal swab of the victim as well as on her panties.

Published on: December 3, 2012

Court Decides Assault Case

by Stephen Bilkis

Suffolk Drug Crime 11

In this case of the People of the State of New York verses the defendants Smithtown General Hospital, L.S., D.L, H.M, L.S., and M.C., are charged with allowing a prosthetic devices salesman to participate in a meaningful way during a surgical procedure that was being performed at the Smithtown General Hospital without the knowledge or consent of the patient. This case is being heard in the Supreme Court, Criminal Term, of Suffolk County Part II.

Case Background

Published on: December 3, 2012

Court Discusses Lesser Included Offenses

by Stephen Bilkis

A man was charged with breaking and entering with intent to commit a felony. He was convicted of the lesser included offense of breaking and entering or entering without breaking with intent to commit a misdemeanor. He appeals the judgment and sentence.

A New York Criminal Lawyer said the man recognizes that the court, when confronted with such a verdict and judgment, remanded the case to the trial court with instructions to enter judgment and sentence on the lesser of the included offenses referred to in the verdict. He requests that the Court reconsider such previous ruling. It has subsequently developed, however, that the District Court of Appeal has overruled and receded. Upon consideration of the opinion, the Court agrees with the general reasoning but go a step further. The Court of Appeal construes the crime of breaking and entering or entering without breaking as a single crime rather than two different crimes.

The information charged three elements including unlawful breaking, unlawful entry and the intent to commit petit larceny. The jury found the man guilty of two of the three elements set forth in the accusatory pleading by finding that he had made an unlawful entry with intent to commit petit larceny. These two elements constitute a crime just as surely as did the three elements charged. By all standards entering without breaking seems to meet the definition of a category necessarily included offense to breaking and entering.

Published on: December 2, 2012

Defendant Contends Court Lacks Jurisdiction

by Stephen Bilkis

In this criminal case, appellant was informed against in the Criminal Court of Record of West Palm Beach County for grand larceny. A New York Criminal Lawyer said that, he was arraigned on the information and entered a plea of not guilty. At the beginning of the trial, which was held before the trial judge without a jury, the county solicitor made the announcement in open court and said that: ‘In this case, the State is going to attempt to prove petit larceny and not grand larceny.’ A West Palm Beach Petit Larceny Lawyer said that, after this announcement the county solicitor submitted evidence to prove that the charge contained in the information constituted petit larceny; and the trial court found the defendant to be guilty of petit larceny. Thereafter, a judgment of conviction was rendered and the defendant, as a result, appealed to this Court.

A Nassau County Criminal Lawyer said that, the Attorney General has moved to dismiss the appeal on the ground that the court is without jurisdiction to entertain an appeal for a misdemeanor conviction. A West Palm Beach Grand Larceny Lawyer said that, the defendant contends that inasmuch as the information upon which the defendant was arraigned charged a felony this Court has jurisdiction of the appeal.

The issue in this case is whether the appeal of the appellant should be dismissed on the ground that the court is without jurisdiction to entertain an appeal for a misdemeanor conviction.

Published on: December 1, 2012

Court Discusses Mental Hygiene Law

by Stephen Bilkis

The state of New York is the petitioner in this case. E. T. is the respondent. The case is being heard in the Supreme Court of Bronx County. The New York State Attorney General filed a petition stating that the respondent, E. T. is a detained sex offender who requires civil management according to the Mental Hygiene Law, article 10.

Case Background

A New York Criminal Lawyer said the respondent pleaded guilty to sexual abuse in the first degree on the 31st of January, 2001. He was sentenced on the 2nd of March, 2001 to a term of five years incarceration in a state prison. His sentence included five years of probation after his release from prison.

Published on: November 30, 2012

heroin

by Stephen Bilkis

The accused husband and wife were charged with a violation of the Penal Law. They were arraigned and each pleaded not guilty. On the same date the charge was amended to attempted petit larceny. The husband and his wife changed their pleas to guilty of the amended charge. The sentence was deferred pending a pre-sentence report and a medical examination pursuant to the Mental Hygiene Law, to determine if the accused husband and his wife were narcotic addicts.

Pursuant to the District Court’s order, the accused wife was examined by a doctor, and her husband was examined by a separate doctor, on March 8, 1973. The reports of the doctors certified that each of the accused was a narcotic addict, within the meaning of such term, as defined in the Mental Hygiene Law. Each of the accused denied being a narcotic addict. They both waived a jury and addiction hearings were held separately for each of the accused husband and wife.

A New York Criminal Lawyer said the undisputed testimony is that each of the accused husband and wife has not used heroin for a period of over two years, and during that period of time, each has been on a State of New York approved program of methadone maintenance. The question before the District Court is to determine whether the complainants have met their burden of proving heroin addiction by a fair preponderance of the credible evidence despite the fact that the accused husband and wife admittedly have not used heroin for over two years.

Published on: November 29, 2012

Court Decides if it Erred on Classifying Accused as a Level One Sex Offender

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. The man tried to rape his sister. The sister resisted and was able to escape from her brother. A New York Criminal Lawyer said 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. 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. A New York Criminal Lawyer said 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: November 29, 2012

Court Discusses the Elements of Conspiracy

by Stephen Bilkis

This involves a case where the court dismissed the indictment against defendants for conspiracy in the fourth degree (two counts), hindering prosecution in the third degree (two counts) and official misconduct (two counts).

a New York Criminal Lawyer said that in the early 1960s, JF, a resident of Queens County and meter reader for a company, entered upon a scheme under which he accepted money from various investors, agreeing to pay them a return of 1% A week and explaining to them that this high return was being paid by a factoring company which loaned out moneys to various companies in the fur, textile and other industries where there was a need for immediate cash. In fact, there was no factoring company and JF was merely repaying these people from their own moneys. Among the hundreds of persons who invested with him were members of the staff of the District Attorney of Queens County, including defendants.

In March of 1971, after being the victim of a real or apparent robbery, and being ostensibly unable to continue to pay off investors, JF fled New York City and went to San Francisco. His whereabouts were unknown to the authorities until a year later, when he was discovered by two irate investors and was returned to New York City by them. Within two weeks, he was indicted for 35 counts of grand larceny by a Queens County Grand Jury upon presentation of the case by the District Attorney’s office. At that time, defendant was the District Attorney of Queens County, his son-in-law, was the Deputy Chief Assistant District Attorney and another defendant was a County Detective in the District Attorney’s office.