New York Criminal Lawyer Blog

Published on: May 16, 2012

Defendant Contends Evidence Regarding Knife Inadmissible

by Stephen Bilkis

A man was charged with robbery in the first, second and third degrees, grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree and unlawful possession of marihuana . A New York Drug Crime Lawyer said that all proceedings have been completed and the case was sent to the Court for trial.

The charges stems from an incident in which the complainant was robbed with a knife. The knife allegedly used by the man during the said incident was not recovered. At a pre-trial conference, the jury requested the court’s permission to present evidence that approximately two weeks prior to the occurrence which comprises the charges in the instant case. It was a police officer who observed the man in possession of a knife which is similar to the description given by the complainant about the knife used in robbing.

A New York Drug Possession Lawyer said the Supreme Court ruled that the testimony relating to the observation of the knife would be admissible at trial on the issue of identity and to complete the narrative. The man then claimed that the observation of the knife was the result of improper interference with his liberty by the police. An evidentiary hearing was held and the police officer was the only witness at the hearing. The court then found his testimony to be credible and made findings of fact and conclusions of law.

Published on: May 16, 2012

Court Rules Verdict Can Be Set Aside

by Stephen Bilkis

The Facts:

Defendant, his brother, and another man entered the house of a woman and robbed her at gunpoint. A New York Criminal Lawyer said the woman identified defendant as the one who wielded the gun during the robbery. A police officer was on patrol when he saw three men run out of the woman’s house, followed by her screaming for help. The officer gave chase and managed to arrest the brother, who was found to have a loaded revolver in his front pocket. The brother provided defendant’s name and stated that the defendant had placed the gun in his pocket while they fled the woman’s residence.

Thereafter, defendant was arrested at his home. Upon arrest, defendant stated that the arresting officers got nothing on him and that they got the gun of his brother.

Published on: May 16, 2012

Defendant Brings Motion to Set Aside Consecutive Sentences

by Stephen Bilkis

A man was charged for attempted murder in the second degree, assault in the first degree and criminal use of a firearm in the first degree. The charges were an incident which happened one evening at the corner of an avenue. A New York DWI Lawyer said the complainant together with another friend was approached by the man with his two companions. The discussion among them about the recent theft of the bicycle escalated into a heated argument at which the man told the complainant to mind his own business. The complainant hit the man once, whereupon the man took his gun out of his trench coat’s pocket, pointed it at the complainant’s face and fired. The complainant turned his head away from the shot and the bullet entered his left temple, lodging outside the brain case, where it remains. As the complainant ran from the scene seeking transportation to the hospital, the man held onto the gun and also left the area.

After a non-jury trial, the man was convicted of assault in the second degree and criminal possession of a weapon in the third degree. He was sentenced to consecutive indeterminate terms of imprisonment of two to six years and one year eight months to five years. However, the man moves to set aside the sentence on the grounds that consecutive sentences were unauthorized and illegally imposed.

Consequently, the man was acquitted of the charges of attempted murder, assault and criminal use of a firearm but was found guilty of the lesser-included crimes of assault in the second degree causing physical injury to the complainant and criminal possession of a weapon in the third degree having the gun in his coat pocket when he arrived at the scene and when he left the scene.

Published on: May 16, 2012

Defendant Contends Use of GPS Tracking Device by Police was Unlawful

by Stephen Bilkis

On 9 August 2003, an officer, formerly a detective with the Town of Glenville Police Department in Schenectady County, received a report that a local McDonald’s restaurant had been robbed by a man brandishing what appeared to be a handgun and an axe; a handgun crime. That information was distributed to other law enforcement agencies, including the State Police. A New York Sex Crimes Lawyer upon learning of the robbery, a police officer (the officer), who was on patrol with his partner, contacted another officer, a senior investigator with the State Police, who then instructed the officer to set up surveillance on defendant’s residence and, if defendant appeared, to execute a “felony stop” utilizing extreme caution to ensure officer safety.

The police officer and his partner took up position nearby and, as defendant rolled through a stop sign en route to his residence, he identified defendant, whom he described as a “very distinctive looking individual,” as the operator of the pickup truck in question to which the GPS tracking device previously (and validly) had been affixed. The police officer and his partner pulled in behind defendant in his driveway and, as defendant was exiting his truck, drew their weapons, ordered defendant from the vehicle and down to the ground, handcuffed defendant and placed him in the back of their marked police vehicle. A New York Sex Crimes Lawyer said numerous police officers responded to the scene, including the senior investigator, who instructed another investigator to access the GPS tracking information. While waiting for this information, the police officer observed an axe and a bag of clothing, in plain view, in the bed of defendant’s pickup truck.

The GPS tracking information revealed that defendant’s pickup truck had been in the vicinity of the McDonald’s restaurant at the time of the robbery in Schenectady County; the truck then returned to the Town of Clifton Park, Saratoga County and made a brief stop on Maxwell Road, where defendant apparently was employed, before proceeding to defendant’s residence.

Published on: May 16, 2012

Court Decides Possession of a Weapon Charge

by Stephen Bilkis

Defendant allegedly fired a handgun at two individuals, who just prior to his firing, had fired a handgun at him causing him serious physical injury; handgun crimes.

Defendant was charged with two counts of Criminal Possession of a Weapon in the Second Degree and one count of Criminal Possession of a Weapon in the Third Degree for.

Subsequently, a New York Criminal Lawyer said the defendant requested that the defense of justification be charged and that the presumption not charged. Both requests were denied.

Published on: May 16, 2012

Are the Actions of Private Security Subject to Constitutional Restraints?

by Stephen Bilkis

Facts:

A security officer, a retired member of the New York City Police Department which the court takes judicial notice of, at the Long Island Jewish Hospital, was instructed by his security supervisor, via radio transmission, to proceed to a Children’s Hospital parking lot. He was told to locate a certain auto reportedly containing a handgun. A New York Criminal Lawyer said he was also informed that the New York City Police Department had been notified and would arrive shortly. When he located the auto, he observed the handgun in a holster on the front seat. He immediately radioed his supervisor who replied that the police will be on the scene. The security officer checked the auto door and found it locked. The defendant himself, a security officer at the Children’s Hospital, arrived on the scene and saw the responding uniformed security officer standing by his auto. Defendant, without prodding, told the security officer that the auto was his. He then opened the auto door and gave the gun to the security officer.

Defendant then left the scene. The New York City police arrived within minutes, and the responding security officer reported his findings and handed the gun to the police. Defendant then returned to the scene. A New York City Police Officer asked the defendant if the auto was his; defendant replied affirmatively. The officer then asked defendant if he had a permit for the gun. Defendant replied he did not. The police officer then placed the defendant under arrest. While in a police car on the way to the police station defendant was read his Miranda warnings. He then told the officer that he had gotten the gun down south.

Published on: May 15, 2012

Defendant Claims Village Court Did Not Have Proper Jurisdiction

by Stephen Bilkis

Issues surrounding search warrants can become complicated, especially if the court that issues the search warrant is not sure if they are even able to issue a search warrant. On September 25, 2003, an associate village justice signed a search warrant for a building inspector. A New York Criminal Lawyer said the building inspector was seeking to inspect a single family home in the Village of Westbury that he believed was being used as a multiple family dwelling. He had conducted several days of observation of the dwelling and noticed that there were two entrances, one entrance into the home in the front of the house and one entrance in the back.

There were eight bicycles parked in back, and six cars parked in front. The garbage was deposited on the curb in front of the house, and more was located at the back door. The estimated garbage load was four to five times the amount that the garbage collector stated that he collected from other houses. The building inspector had received several complaints from the neighbors based on the number of people who were living in the dwelling. The estimate was around 17. A New York Criminal Lawyer said the building inspector, who had previously worked in a different village, was familiar with obtaining search warrants in his previous village. He had attempted to inspect the property on numerous occasions and he had been denied entry. He counted the number of people going in and out of the residence. The cars were registered to that address, but they had owners with several different last names.

The justice authorized the warrant for a police officer of Nassau County. The warrant specifically detailed that the evidence to be collected was to be limited to photographs of evidence that the house had been converted into a multiple family dwelling. When the warrant was served, it was served on the house at six in the morning. Several of the people who were living in the house were only partially clothed. A New York Drug Possession Lawyer said the officers took photographs documenting the locks on each room that denoted private living quarters inside the single family dwelling. They documented exposed wiring, plumbing, and other dangerous additions that had been made so that multiple people could reside in the single family home. In these pictures were some of the residents of the house, some of them were only partially clothed.

Published on: May 15, 2012

Family Conflict Results in Criminal Charges

by Stephen Bilkis

Family Court deals with many issues that cross over from criminal court. It is not unusual for a criminal court issue to have family court repercussions. That was the case for a family on Mother’s Day 2003. A sixteen year old boy exposed himself and masturbated in front of a five year old female cousin. The incident occurred at a family gathering where most of the family was present. The boy’s Aunt and her brother, his Uncle found themselves on different sides of the argument surrounding this boy’s behavior. A New York Drug Crime Lawyer said that since the entire family split over the events of that day, this brother and sister continued to argue and ultimately began to file criminal and family court petitions against one another.

It appears that shortly after Mother’s Day of 2003, the Aunt confronted the five year old while she was at school. The Aunt was an employee of the school. The Uncle claims that the Aunt interrogated the child about the events of that day and that this encounter left the child frightened. The child told her father that she did not want to talk to or see her Aunt ever again. The Uncle confronted his sister about this incident and the situation went downhill from this point. A New York Drug Possession Lawyer said another family member became involved and rumors amongst the family members increased. This family member told the Aunt that she had spoken to the Uncle and that he had gotten orders of protection against the Aunt.

The Aunt filed suit in family court alleging that the Uncle had defamed her and caused interference with her employment. On December 20, 2004, the Uncle filed a motion to dismiss the complaint filed by the Aunt. On March 18, 2005, the Family Court granted the Uncles motion to dismiss the Aunt’s entire complaint. The Aunt appealed this decision. The court reviewed the topics under discussion.

Published on: May 15, 2012

Court Discusses Presence of Reasonable Suspicion

by Stephen Bilkis

Two police officers were patrolling in a police car which they parked near Washington Heights. They were assigned here because the area of Washington Heights was known as a high traffic area for selling drugs especially to people from outside of New York, particularly, from people in New Jersey.

As the two cops were walking, they saw a Cherokee Jeep with New Jersey license plates. A New York Sex Crimes Lawyer said they saw a Caucasian male park the Jeep and get down from it. They saw him approach a Hispanic looking man who was yelling for the Caucasian passenger of the Jeep to come over to where he was.

As the Caucasian male was walking toward the Hispanic man, he saw the police officer walking toward them. The Caucasian man backtracked and ran to his vehicle, and drove away.

Published on: May 15, 2012

Defendant Charged with Possession of Stolen Property

by Stephen Bilkis

A nine-year veteran police officer was on patrol one evening when he responded to a radio communication of a man with a gun wearing a brown jacket on the corner of 121st Street and Seventh Avenue. When he arrived at the location, he exited his vehicle and spoke, first with a woman, and then with a man sitting in front of 2027 Seventh Avenue.

About 15 minutes after his arrival while he was still looking for the man described in the radio report, the officer observed defendant exit the door on the left side of the vestibule at 2027 Seventh Avenue, which was the entrance to a social club. A New York Criminal Lawyer said at the time, the officer was approximately five feet in front of defendant at whom he was looking directly. Defendant was then holding a packet of three by six inch white envelopes in one hand and a black plastic bag in the other. When he looked up and saw the officer, defendant was startled, jumped back, and immediately placed the stack of white envelopes in a plastic bag.

Thereafter, the officer approached defendant and asked him what he had put in the bag. Defendant replied, “I put nothing in the bag.” Nonetheless, it was apparent to the officer, with hundreds of narcotics arrests experiences where approximately a dozen of which were made in the immediate vicinity of the social club known for its drug activities, something was in the bag since the bottom was pressed downward. The officer told defendant that he had seen him put a stack of envelopes in the bag, but defendant insisted, “I didn’t put anything in the bag.”