New York Criminal Lawyer Blog

Published on: July 27, 2012

Defendant Seeking Funds from Sale of a Home

by Stephen Bilkis

The plaintiff in the case is Joachim Harris. The defendants in the case are Chandra M. Young, et al. The case is being heard in the New York State Supreme Court. The Honorable Melvin S. Barasch is the justice hearing the case.

Case Facts and Background

The action in this case comes from the sale of a real property that was owned by the plaintiff. A New York Criminal Lawyer said the property is located at 176 Malta Street in the city of Brooklyn. The plaintiff sold the property to defendant Michael Greene on the 24th of August, 2001. The price was $255,000. The plaintiff states that he was defrauded by the plaintiffs as they withheld all but $180,000 from the sale of the home.

Published on: July 26, 2012

Police Officer Receives Criminal Charges

by Stephen Bilkis

This is a case of appeal being heard in the Second Department, Appellate Division of the Supreme Court of the state of New York. The appellant in the matter is Charles O. Sharkey. The respondents in the matter are the Police Department of the town of South Hampton, et al.

The petitioner is appealing a decision that was made by the Supreme Court of Suffolk County on the 18th of December, 1989. The Suffolk County Supreme Court dismissed the case, which was a review of a determination that was made by the Police Department in the town of South Hampton. The Police Department had terminated the petitioner’s employment after he pleads guilty to the misdemeanor charge of driving while intoxicated.

Case Background and Discussion

Published on: July 26, 2012

Defendant Charged with DWI in Boating Incident

by Stephen Bilkis

Suffolk DWI 5

The plaintiffs in this case are the People of the State of New York. The defendant of the case is George P. Briggs. The case is being heard in the Nassau County District Court, First District, and Criminal Court.

The defendant was tried without a jury for an accusation of boating while intoxicated (DWI), which is in violation of Navigation Law section 49. There were numerous questions that were brought up during this case, which makes a written response necessary.

Published on: July 26, 2012

Defendant Requests Sanctions

by Stephen Bilkis

The plaintiffs in this matter are Avivith and William Oppenheim. The defendants in the case are Mark Stumer, Joseph Viscuso, Mojo-Stumer Associates Architects, P.C. and d/b/a Mojo-Stumer Associates. The case is being heard in the Supreme Court of the state of New York located in New York County. Judge Charles Edward Ramos is hearing the case.

Case Background

A New York Criminal Lawyer said thttp://www.newyorkcriminallawyer24-7.com/he plaintiffs, the Oppenheim’s made a RICO claim against the defendants based on mail and wire fraud. These claims were in connection with renovations that were being done on their apartment. This claim has been dismissed. The Oppenheim’s then made a similar claim against the defendants in a first amended complaint. This complaint was also dismissed.

Published on: July 26, 2012

Defendant Charged with White Collar Crime

by Stephen Bilkis

Ideal Steel Supply Corporation is the plaintiff in this case. The defendants in the case are Marshall H. Beil, et al. the case is being heard in the Supreme Court of the State of New York located in Queens County. Judge Peter Joseph Kelly is presiding over the hearing.

The defendants have moved for an order to have the complaints made against them by the plaintiff dismissed.

Case Background

Published on: July 26, 2012

Court Decides if Evidence was Improperly Obtained

by Stephen Bilkis

The Facts:

A customer service agent for an airline at Los Angeles International Airport became suspicious of two cartons delivered to the terminal. The cartons had been left for shipment to New York’s Kennedy Airport, consigned to a certain individual, care of defendant. Acting under tariff regulations, the agent slit the larger of the two cartons and observed what, from his previous experience, he believed to be marijuana. A New York DWI Lawyer said the Los Angeles police were notified who, without a search warrant, inspected the contents and confirmed the agent’s discovery. One of the cartons was emptied of its contents, refilled with sand, and both cartons were sent on their way. At 11:30 P.M. that evening, one of the officers involved telephoned a detective of the New York City police who has been a member of its Narcotics Bureau for 12 years. According to the detective, the officer told him that the marijuana was on its way to Kennedy Airport, that they have already got some out and that the airline employee found it.

The following morning, the detective went to the Kennedy Airport with knowledge of the defendant’s name, the air flight number, arrival time, and air bill number. At 7:00 A.M., the two described cartons arrived. They were marked with the names of the recipient, care of defendant. A New York DWI Lawyer said the detective went close to the shelved cartons and detected a strong odor of marijuana. He did not open the cartons but kept them under surveillance.

Published on: July 26, 2012

Parties Disagree if Defendant is Eligible for Resentencing

by Stephen Bilkis

The Facts:

On 16 October 1994, defendant was arrested for selling $20 of cocaine to an undercover police officer. On 27 January 1997, he was convicted of Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree. He was sentenced as a Second Felony Offender to concurrent indeterminate prison sentences of 5 1/2 to 11 years. A New York Drug Crime Lawyer said he was convicted in that case of. On 19 May 1999, defendant was released on parole.

Approximately 6 months later, he was arrested for another drug sale charge. On 4 August 2000, he pled guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony. He then apparently failed to appear in court for sentencing and a bench warrant for his appearance was issued on 28 February 2001. He was returned on that warrant a little more than two years later on 2 May 2003. He was sentenced upon that conviction on 12 June 2003 to an indeterminate sentence of imprisonment with a term of 3 1/2 to 7 years.

Published on: July 26, 2012

Court Decides Sexual Assault Case

by Stephen Bilkis

Incidents of rape and sexual assault cases involve many different laws. A New York Sex Crimes Lawyer said each case is reviewed in relationship to how it addresses each element of each law. The most appropriate law or multiple laws are then charged by the prosecution. In some case, a charge is reduced to a lesser included offense because the jury or prosecutor decides that the lesser included offense if more appropriate to the actions of the charged offender. One case of this type occurred in 2008.

On May 21, 2008, a man was charged with rape. He was convicted after a jury trial on May 28, 2008 of third-degree rape, which is detailed under New York Penal Law § 130.25(3). This charge was determined by how the victim expressed her lack of consent to the sexual assault. This victim apparently never stated the actual term “no,” but rather testified that she had been crying the entire time and stating that she just wanted to go home. A New York Sex Crimes Lawyer said the court concluded that any reasonable person observing this situation would conclude that the victim was not consenting to the act. The defense maintained that he did not consider her actions to be a refusal because she never actually stated that she did not want to have sex with him. The court evaluated the totality of the evidence which included the fact that this was his second or third offense of sexual assault.

They also reviewed the fact that the offender forced the woman into his apartment against her will and used threats of physical injury to prevent her from leaving. The court determined that when viewed in their entirety, the circumstances surrounding this assault clearly contained all of the necessary elements to be considered a rape. Because of this, the offender’s request to have his conviction overturned was denied.

Published on: July 25, 2012

Defendant Charged with Second DWI

by Stephen Bilkis

This case deals with the Plaintiff/Claiming Authority, Christine Malafi, who is the County Attorney for Suffolk County. The defendants in the matter are Edward J. Radwinsky and the Ford Motor Credit Company. The case is being heard in the Supreme Court of the State of New York that is located in Suffolk County.

Case Background

On the 19th of December, 2004, the defendant was arrested for operating the subject Ford while he was intoxicated (DWI). He was driving in the eastbound lane of the service road on the Long Island Expressway in the city of Hauppauge, New York. The defendant was given a breathalyzer test after being taken into custody. The breathalyzer showed that his blood alcohol level was 0.19%, which is above the legal limit. This resulted in the defendant being arrested for operating a motor vehicle while intoxicated.

Published on: July 25, 2012

Court Contends Defendant was Drug Impaired

by Stephen Bilkis

The plaintiff of this case is the People of the State of New York. Patricia Rose is the defendant. This case is being heard in the District Court of Nassau County, First District. Judge Kenneth L. Gartner is overhearing the case.

The defendant has made a motion for the criminal charge of driving while impaired by drugs dismissed. This motion requires the court to review an area of the law that has caused conflict in recent trial court opinions from the First, Second, and Third Judicial Departments as well as the trial court and appellate court opinions.

Case Background