New York Criminal Lawyer Blog

Published on: August 13, 2012

Court Finds Issues with Search

by Stephen Bilkis

This is a case before the Justice Court of the City of New York in Nassau County. The defendants in this matter are Juana and Jose Ventura. The plaintiff in the case is the People of the State of New York.

Case Background

A New York Criminal Lawyer said there was reason to believe that the defendants were living in a home that was over occupied. An affidavit was submitted to support the warrant. In the affidavit it was shown that there was reason to believe that up to 25 people were currently living in different areas of the premises. This is a violation of the rental code and there had been several complaints regarding the premises.

Published on: August 12, 2012

Court Discusses Mental Hygiene Law

by Stephen Bilkis

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.

Published on: August 12, 2012

Defendant’s Probation is Revoked

by Stephen Bilkis

The People of the State of New York are the respondents of this case. Steve Hobson is the appellant. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The defendant is appealing an amended judgment from the County Court of Suffolk County that revoked a sentence of probation that had been previously imposed by the same court.

Case Background

The defendant pleaded guilty to a charge of burglary in the third degree on the 12th of March, 2003. He was sentenced by the County Court to a term of six months in the Suffolk County Correctional Facility. A New York DWI Lawyer said this was to be followed by five years of probation. There were terms set for his probation that included that he report as directed to his probation officer, submit to drug testing, and make reparations in the amount of $1000 plus a 5% surcharge to be paid to the Probation Department of Suffolk County.

Published on: August 12, 2012

Defendant Shown to Have Mental Illness

by Stephen Bilkis

Suffolk Drug Crime 20

This case involves a matter of a recommitment proceeding in relation to Criminal Procedure Law in relationship to the respondent Francis S. The petitioners and appellants in this case are the District Attorney of New York County and the Commissioner for the New York State Office of Mental Health.

A New York Drug Crime Lawyer said the main issue before the court is whether an acquittal by reason of mental disease or defect of a person who has repeatedly violated the order of conditions that he gained upon release and who is still mentally ill, a poly substance abuser, given to acts of violence and still found to be not suffering from a dangerous mental disorder is appropriate.

Published on: August 12, 2012

Court Determines if Delay between Incident and Arrest was Appropriate

by Stephen Bilkis

The defendant in this case, Richard Connor, is appealing a judgment made by the Supreme Court of Suffolk County. The judgment convicted the appellant of criminal sale of a controlled substance in the third degree. The appeal brings up issues of denial of the defendant’s omnibus motion that was to dismiss the indictment and to suppress identification testimony. This case is being heard in the Supreme Court, Appellate Division, Second Department.

Case Background

In June of 1984, in response to numerous complaints made by residents in the Wyandanch, Long Island, area that the community was becoming an open drug market, an undercover operation was conducted by the Suffolk County Police.

Published on: August 12, 2012

Homicide Occurs During Commission of Drug Crime

by Stephen Bilkis

This case is being heard in the Supreme Court, Appellate Division, Second Department. The case deals with an appeal being made by Otha Beard. The respondent of the case is the People of the State of New York. The defendant is appealing a verdict from a judgment made by the County Court of Suffolk County that was rendered on the 8th of May, 1979 and convicted him of criminally negligent homicide.

Case Discussion

The defendant’s guilt in this matter was not established beyond a reasonable doubt. At the time of the incident the defendant was driving his vehicle with three passengers inside it. He was going approximately 35 miles an hour. All of the passengers had smoked marijuana (marijuana possession). Quite suddenly, one of the passengers told the defendant to stop the car. The passenger was a fifteen year old girl. At first the defendant ignored her and continued to drive. She continuously repeated her request for the car to be stopped and threatened to jump out of the car if he did not stop.

Published on: August 12, 2012

Defendant Claims Entrapment

by Stephen Bilkis

This is a case of appeal by the defendant Jesus Torres. The respondent of the case is the People of the State of New York. This case is being heard in the Supreme Court, Appellate Division, Second Department. A New York Criminal Lawyer said the defendant is appealing a judgment that was made in the Supreme Court of Suffolk County. The judgment was rendered on the 19th, 1989 and convicted him of the criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree.

Case Background

In 1985, the defendant, Jesus Torres, and his business partner ran a successful roofing business in Suffolk County. They had the business for several years. For several years the defendant, his wife, his business partner, and several of their mutual friends were weekend cocaine users. The defendant used one gram of cocaine a week and this was supplied to him by his business partner.

Published on: August 12, 2012

Court Hears Drug Fraud Case

by Stephen Bilkis

The respondent and defendant in this case is J. Milford Kirkup Jr. The People of the State of New York are the appellants in the case. The Court of Appeals in the state of New York is hearing this case. There were two indictments filed against the defendant, Kirkup, in the Extraordinary Special and the Trial Terms of the Supreme Court of Suffolk County. Indictment 7256 charged the defendant with committing the crime of conspiracy. Indictment 7258 charges the defendant of violating section 1864 of the Penal Law.

Case Background

A New York Criminal Lawyer said the People of the State of New York submitted evidence to the Grand Jury that showed that Albert Freistadt, who is a pharmacist that operates a small retail drug store in Suffolk County along with his successors in interest had ordered drugs from pharmaceutical houses solely for the use of the Suffolk County Home, but in actuality for selling to the public.

Published on: August 11, 2012

Court Rules on Drug Possession Case

by Stephen Bilkis

This is a case being heard in the Suffolk County Court. The case involves the People of the State of New York against the defendant Kenneth Murray. The defendant has been accused of acting in concert with another in commission of the crimes of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree. A New York Criminal Lawyer said Murray has moved for the charges against him to be dismissed on the account that the indictment is defective and that it was not found on legally sufficient evidence.

Defendant’s Argument

The defendant argues that the indictment is deficient as it fails to conform to CPL section 200.30, subdivision 7. This section requires that a plain and concise factual statement of each count must be made. It further states that the defendant must be clearly apprised as to the matter of the accusation that is made against him.

Published on: August 11, 2012

Court Treatment for Defendant in Drug Possession Case

by Stephen Bilkis

This is a matter of an application made by the petitioner Ronald Miller in regard to a judgment that was filed in the Franklin County Clerks office on the 29th of January, 2008. The respondent in the case is Brian Fischer who is the Commissioner for the NYS Department of Correctional Services. The case is being heard in the Supreme Court of the State of New York located in Franklin County.

Case Background

On the 21st of November, 2006, the petitioner was sentenced in the Suffolk County Court as a second felony offender. His sentence was set at five years with two years of post release supervision. This sentence was for his conviction of the crime of criminal possession of a controlled substance (drug possession).