Close

Articles Posted in Criminal Procedure

Updated:

Defendant Claims Evidence was Illegally Obtained

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…

Updated:

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,…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Contact Us