New York Criminal Lawyer Blog
The People of the State of New York are the appellants in this case. The respondent of the case is George Eiffel. The case is being heard in the Second Department Appellate Division of the Supreme Court of the State of New York. The appellant is represented by the Kew Gardens District Attorney Office with Andrew Zuckerman and Michael O’Brien for counsel. The respondent is represented by the law office of Robert M. Baum with Michele Maxian and Susan L. Hendricks for counsel. The judges overseeing the case are Bracken J.P., Eiber, Lawrence, and Santucci, JJ.
A New York Criminal Lawyer said he People of the State of New York are appealing an order that was made in the Queens County Supreme Court that is dated the 29th of November, 1991. The ruling from the Queens County Supreme Court allowed the defendant to reduce the charges of bail jumping in the first degree to bail jumping in the third degree.
Court Discussion and Decision
The defendant had been indicted on charges of first degree rape, third degree rape, and sexual abuse in the second degree. The defendant was tried for these charges in a trial that took place from the 11th of May through the 24th of May. At the end of the trial the charge of rape in the first degree was dismissed by the court and the jury found the defendant not guilty of rape in the third degree. A New York Criminal Lawyer said the defendant was convicted for sexual abuse in the second degree, which is a Class A misdemeanor. He was sentenced to one year in prison on the fifth of July, 1989.
On the fourth of October in 1991 the defendant was brought in with a warrant. On this day he was indicted with the charge of bail jumping in the first degree. This indictment was filed in the Supreme Court. The defendant moved to have the charges reduced to bail jumping in the third degree and this was granted by the court.
After reviewing the facts of the case we reverse this decision. The law states that a person who is released from custody and allowed to remain free as long as he appears personally in any indictments against him is guilty of bail jumping in the first degree if he fails to appear on his own accord on the date that is set or voluntarily turns himself in within 30 days of the date that is required.
When the defendant was brought in it was because he had failed to make an appearance in court on behalf of the indictments that were made against him in the rape charges. A New York Sex Crimes Lawyer said for this reason the defendant is guilty of bail jumping in the first degree. The original Supreme Court made a mistake when reducing the charges made against him upon the motion that he made.
The court rules in favor of the appellant and the motion for reducing the charges to bail jumping in the first degree to bail jumping in the third degree is reversed. A New York Drug Possession Lawyer said the case will be submitted to the Queens County Supreme Court for further indictment proceedings.
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