People v D This is an appeal from Suffolk County Supreme Court, head in August of 2017. The defendant’s motion pursuant to CPL 220.60(3) to withdraw his plea based on not guilty by reason of mental defect was denied. In 2016, the defendant entered a plea of not guilty by…
People v Smith In the case People v Gonzales (68 NY2d 424 [1986], the court outlined the conditioned required for a missing witness charge and burden shifting analysis. The court rules that the People failed to meet the criteria for that case. The incident took place in May of 2013,…
(People v T, NY Slip Op 02442) The issue addressed here is whether a part of witness testimony was properly admitted as past recollection recorded, to supplement trial testimony. This court held that the trial court made a proper determination in admitting grand jury testimony, as part of past recollection…
(People v W, NY Slip Op 07926) The court states that pursuant to PL170.10 a sporting event ticket carries with it a legal right, obligation, interest or status. Therefore, the defendant can be prosecuted pursuant to PL 170.25. The defendant was accused of selling counterfeit tickets and was charged with…
People v. M., NY Slip Op 07924 The court held that the order of the Appellate Court should be confirmed. The defendant claims that his plea of guilty was involuntary. He argued that the indictment must be dismissed because the People didn’t notify the grand jury that the defendant wished to…
(People v C, NY Slip Op 06849) The right to self-representation is an important part of being an American (People v. McIntyre 36 NY2d 10, 14 [1974]. This is a right that is guaranteed by the U.S. Constitution and New York State law (Fraretta v CA 422 US 806 [1975],…
People v O.X. The court held that the Appellate Order should be affirmed in this case. The question of this case is whether a 4th amendment consent to search a premises is a question of law or fact (People v. McFarlane 21 NY 3d 1034). The court said that the…
People v. R 2018 Slip Op 04971 July 5, 2018 The defendant was convicted on June 10, 2015, of 2nd-degree assault, forcible touching, criminal possession of a forged instrument, resisting arrest, sexual abuse in the 3d degree and obstructing governmental administration in the 2nd degree. He was sentenced to 7…
People v. P 2018 NY Slip Op 05960 August 30, 2018 Order The order which was entered on 11/30/11 denied the defendant’s motion pursuant to CPL 440.10 to vacate judgment. The defendant plead guilty to attempted criminal sale of a controlled substance in the 3d degree. During the time of…
People v. Gregory 2018 NY Slip Op 05332 Decision This is an appeal by Queens County Supreme Court where the defendant was convicted of second-degree burglary; second degree attempted burglary; fifth-degree criminal possession of stolen property and two counts of petit larceny. The defendant brings an appeal requiring suppression of…