New York Criminal Lawyer Blog

Published on: July 25, 2012

Court Discussed Pleading Requirements for RICO Allegations

by Stephen Bilkis

Robert Ritchie et al are the respondents in the matter. The appellant in this case is Carvel Corporation. The case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department.

The appellant is represented by Jeffery A. Klatzkow from Yonkers. The respondents are represented by Herzfield & Rubin, P.C. from New York City. David B. Hamm, Herbert Rubin, Linda M. Brown, and Peter Kurshan are acting as counsel for the respondents.

The case is being heard in front of Thompson, J.P., Balletta, Harwood, and Rosenblatt, JJ.

Published on: July 25, 2012

Defendant Charged with Bank Fraud

by Stephen Bilkis

This case deals with a matter concerning the attorney and counselor at law, Cheddi B. Goberdhan. The petitioner in the matter is the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Cheddi B. Goberdhan is the respondent. The case is being heard in the Supreme Court of the State of New York, Appellate Division; Second Judicial Department. A. Gail Prudenti, P.J. , William F. Mastro, Peter B. Skelos, Reinaldo E. Rivera, and Leonard B. Austin, JJ are the judges hearing the case.

Case Background

A New York Criminal Lawyer said the Grievance Committee from the Second, Eleventh, and Thirteenth Judicial Districts has motioned for the name of the respondent to be taken off the roll of attorneys and counselors at law. The reason for this motion is that the respondent was convicted of a felony, which is in violation of Judiciary Law Section 904.

Published on: July 24, 2012

Court Examines SORA Designation

by Stephen Bilkis

The Facts:

The defendant appeared before the Court for a risk level determination pursuant to the Sex Offender Registration Act. The defendant has a criminal history which dates back to the 1950’s and includes a number of crimes committed in Virginia, viz: Rape in Virginia, in 1955; Felony Cutting with Intent to Maim in Virginia, in 1957; Rape in 1962; and Arson in the Second Degree in New York, in 1985.

First, defendant moved to have the Court declare SORA unconstitutional as applied and use the Static 99 rather than the SORA Risk Assessment Instrument (the “RAI”) to determine his risk for re-offense. He argues that the SORA Risk Assessment Instrument does not measure the risk of re-offense, as it purports to do, but reflects a moral judgment about how blameworthy sexually offending behavior is. He describes the instrument and risk level determinations under SORA as punitive rather than regulatory. For this reason, he alleges, the statute is unconstitutional.

Published on: July 24, 2012

Court Holds Defendant Fails to Establish Gender Discrimination

by Stephen Bilkis

Plaintiffs alleged that they were sexually assaulted and were subjected to unwanted and repeated sex crimes by their supervisor, one of the defendants in this case. New York Sex Crimes Lawyer said the plaintiffs were employed as data entry technician in a company engaged in children’s clothing apparel, another defendant in this case. One of the plaintiffs alleged that she underwent abortion as a result of the rape committed against her.

Defendant supervisor moved for a summary judgment to dismiss the case against him. According to the defendant, plaintiff’s testimony is incredible as a matter of law. He argued that plaintiff did not make her claim of rape until six months after the first alleged rape and four months after the second alleged rape. Additionally, there are records of numerous telephone calls and text messages between him and the plaintiff at all times of day and night, indicating that they engaged in a consensual sexual relationship Defendant supervisor’s passport unequivocally demonstrates that he was in Colombia on August 19, 2005, the date of the second alleged rape. A New York Sex Crimes Lawyer said after some of the alleged acts of harassment occurred, the plaintiff signed a birthday card “Be healthy & wealthy” for the defendant on his birthday, and sent flowers to him on this occasion

The Court denied defendant supervisor’s motion for summary judgment.

Published on: July 24, 2012

Defendant Receives Mid-Trial Publicity

by Stephen Bilkis

The Facts:

Defendant has a history of being arrested under different names.

A New York Criminal Lawyer said that on 12 August 1972, defendant was arrested for possession of burglar’s tools while on a fire escape. He gave a name, name-one, with a date of birth of 30 December 1946 and an address of 180 Saratoga Avenue in Kings County.

Published on: July 24, 2012

Court Orders a New Trial

by Stephen Bilkis

This case involves a defendant who was convicted by the jury for attempted murder in the second degree and assault in the second degree. Finding two errors of sufficient import, the court ruled that defendant was deprived of a fair trial. Thus, a new trial was ordered.

On January 4, 1977, at approximately 10:30 p. m. the victim was returning to his home at 515 West 174th Street when he was confronted outside his fourth floor apartment by a man standing four or five feet away, pointing a black handgun at him (possession of a weapon). The gunman demanded money to the victim and when the latter raised his hands and replied that he had none, the gunman fired a shot, hitting him in the face, and then fled down the stairs. The victim recognized the gun man as the defendant as the criminal.

The wife of the victim heard shots outside her apartment, she opened the door and saw defendant standing by the stairway. Two men were running down the stairs. One was on the third floor, the other on the second. The wife described the man closer to her as tall and skinny with light brown hair in a medium Afro, and wearing a long dark coat with “something white” in the collar. At trial the victim was also to describe the man with the gun as tall with a “like blond” Afro, and wearing a long, dark coat with a white collar. The wife testified that the other man was tall, slim, with short black hair and wearing “something dark.”

Published on: July 24, 2012

Court Discusses Elements of Asssault

by Stephen Bilkis

This involves a case where the Court of Appeals concluded that defendant acted with intent to prevent an emergency medical technician (EMT) from performing a lawful duty when he caused an EMT to suffer physical injury.

On the day before Christmas 2006 at about 2:20 A.M., two emergency medical technicians were dispatched by ambulance in response to a call for medical assistance for a woman who injured her hand and a man who suffered a bleeding face in a fight. Upon arriving in the location, the EMTs observed about 15 people in the apartment, as well as beer cans and coolers, causing the victim EMT to conclude that there had been “a party of some sorts.” The injured woman complained of pain in her right hand, on which she had placed an ice pack; she told the EMTs that “she had been in a verbal altercation with somebody, and punched a wall with her right hand.” The EMTs did not see and were not directed to or approached by anyone bleeding from the face. After treating the woman, the EMTs left the apartment and head back to the ambulance.

As one of the EMTs was about to climbed into the ambulance, defendant came to him and threw a beer can to the EMT’s head (assault). Defendant hit him in the back of the head, grabbed his sweater collar and threw him to the ground, where he landed face up. Defendant kneeled down on one knee and struck the EMT on his face two or three times with a closed hand. Defendant was charged criminally from the assault. Defendant argued that he could not be convicted with the crime charged since the EMTs were not performing a lawful duty since the EMTs had finished their duty upon which they were called.

Published on: July 24, 2012

Defendant Charged with Criminally Negligent Homicide

by Stephen Bilkis

The appellant in this matter is the State of New York. The respondent of the case is John VanDuyn Southworth. Southworth is responding both for himself and as the executor of the estate of Alice Keegan Southworth, deceased. The case is being heard in the Fourth Department, Appellate Division of the Supreme Court of the State of New York.

The case before the court involves an issue involving an experimental driver’s rehabilitation program that was established by the Commissioner of Motor Vehicles. A New York Drug Crime Lawyer said the question before the court is whether the state of New York can be held liable for issuing an interim driver’s license to a person that has a record of alcohol related driving violations.

Case Background

Published on: July 24, 2012

Defendant Contends Miranda Rights Were Violated

by Stephen Bilkis

This case is being heard in the First District Court of Suffolk County. The plaintiff in the case is the People of the State of New York. The defendant of the case is Jose R. Rivas. Judge M. Filiberto is overseeing the proceeding.

There has been a combined Probable Cause, Huntley, and Refusal Hearing in this matter. The Court has found the following facts in the case.

Case Facts

Published on: July 24, 2012

Defendant Files Motion to Dismiss Due to Transactional Immunity

by Stephen Bilkis

In 1980, the district attorney summons a grand jury to investigate allegations concerning a gas company. In connection with that investigation, the district attorney issued a subpoena directing the company’s president, to present to the grand jury numerous books and records of the company.

In addition,a New York Criminal Lawyer said the grand jury issued a subpoena directing the president to appear and give testimony. Consequently, the president appeared and testified to the company’s sales volume, his knowledge of that volume, his involvement in the company’s operation and his knowledge of about the financial situation.

The attorney-general secured charges against the president charging him with one count of grand larceny in the second degree (sales tax evasion) and sixteen counts of offering a false instrument for filing in the first degree (false sales tax returns).