A police officer, a nine-year veteran of the NYPD who has made 500 narcotics-related arrests, investigates drug sales in lower Manhattan. On February 28, 2010, the police officer, together with his detective partner entered the New York City Housing Authority (NYCHA) building in Manhattan to conduct a “vertical” –a floor-by-floor…
Articles Posted in Criminal Procedure
Defendant Takes Issue of Reclassification of Drug Offense to a Felony
A man was charged in an indictment of two counts of criminal heroin possession and sale. The first count was due to drug possession and sale committed on October 19, 1973 and the second count was due to heroin possession and sale committed on October 23, 1973. On September 1,…
Rape Defendant Takes Issue With Evidence
In January 20, 2002, a woman was living in with her fiancé who was then thirty-nine years old. The woman’s mother and 13 year old sister came over to visit them and they stayed in the same house that the woman shared with her fiancé. A New York Criminal Lawyer…
Sex Crime Includes Sex With a Minor
A man was convicted of criminal cocaine sale; and criminal marijuana sale when he sold cocaine and marijuana to an undercover police officer at nine different times and at nine different places. A New York Criminal Lawyer said because of the sales of controlled substances to undercover police officers, the…
Defendant Contends Improper Use of Predatory Rape Statute
The Facts: On 2 May 2011, defendant forcibly compelled complaining witness-one to perform oral sex upon him and then forcibly subjected her to anal intercourse. On 14 May 2011, defendant forcibly touched the breasts of complaining witness-two with his hands and mouth, forcibly compelled her to perform oral sex upon…
Sex Crime Defendant Appeals for Technical Legal Issues
The Facts: On 2 May 2011, defendant forcibly compelled complaining witness-one to perform oral sex upon him and then forcibly subjected her to anal intercourse. On 14 May 2011, defendant forcibly touched the breasts of complaining witness-two with his hands and mouth, forcibly compelled her to perform oral sex upon…
Defendant Charged with Sexual Abuse of Minor
In January 20, 2002, a woman was living in with her fiancé who was then thirty-nine years old. The woman’s mother and 13 year old sister came over to visit them and they stayed in the same house that the woman shared with her fiancé. A New York Criminal Lawyer…
Plaintiff Sues Employer for Sexual Offenses
The complainants filed an action that alleges forty-six allegations of fact in support of three causes of action. Their first two causes of action claims include sexual assault by the creation of a hostile work environment and the constructive discharge. The third cause of action is for intentional infliction of…
Court Discusses Hearsay in Establishing Criminal History
On this proceeding, the court argues on the matter that in what extent can a psychiatrist rely on out-of-court materials, such as pre-sentence reports and department of parole records, in compiling a history of sex offenses committed by a man in order to formulate a psychiatric opinion and whether the…
Defendant Contends Penal Law Unconstitutional
The complainants, a prostitute and a patron seek a judgment declaring sections of the Penal Law unconstitutional. The laws prohibit prostitution and patronizing a prostitute. A New York Criminal Lawyer said the action was commenced and the opponents, the City Mayor and the City Police Commissioner moved to dismiss on…