(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. S New York Slip Op. 02286 April 3, 2018 There are two issues to address in this case. The defendant argues that he was denied the right to represent himself in court when he asked to do so. He also argues that he was denied his right to…
#6179 April 3, 2018 A judgment was originally entered against the defendant on May 31, 2017, convicting him of the charge of aggravated cruelty to animals, including torturing animals. He was sentenced to 2 years in prison, which was unanimously affirmed. The defendant brought a legal sufficiency claim which the…
Unlawful Imprisonment in the First (NY Penal Law 135.10) and Second (NY Penal Law 135.05) Degrees: False imprisonment is the unlawful restraint of a person against her will by someone without legal authority or justification. For example, an armed bank robber yells at the customers to get down on the…
New York Penal Law 165.05 & 165.06: Unauthorized Use of a Vehicle & Your NY Criminal Defense New York Penal Law Section 165.05 on Unauthorized use of a vehicle in the third degree, states that: A person is guilty of unauthorized use of a vehicle in the third degree when:…
A person commits the crime of perjury in its most basic form when he or she “swear falsely.” Section 210 of the New York Criminal Penal Code defines the act of swearing falsely as occurring when a person makes a false statement which he or she does not believe to…
Money laundering statutes make it a crime to transfer money derived from almost any criminal activity (including organized crime, white-collar offenses, and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds. Money laundering occurs whenever a person attempts to conceal the source, destination,…