The petitioner of the case is the Commissioner of Correction of Connecticut, John R. Manson. The respondent/defendant of the case is Nowell A. Brathwaite. Case Issues This case involves the issue of whether or not the Fourteenth Amendment, under the Due Process Clause requires the exclusion of pretrial evidence that…
Articles Posted in Criminal Procedure
Court Decides if Incriminating Statements are Admissible
On September 30, 1974, three men wearing bandanas on their faces entered the house of a man and rounded up all the people in his house. The three men threatened the man of the house at gunpoint and told him that they will kill his children if he did not…
Defendant Contends Improrper Jurisdiction
The Grand Jury of the Special Narcotics Courts voted an indictment against the accused men charging them with criminal possession of a weapon and conspiracy in violation of the Penal Law. In summary, a New York Criminal Lawyer the court alleges that a confidential informant contacted one of the accused,…
Court Discusses the Drug Law Reform Act
In 1997, officers assigned to the New York City Police Department’s Narcotics Division were conducting a short-term undercover operation for the purchase of heroin. A New York Criminal Lawyer said that at midnight in the area of Bronx County, the accused, while acting with two other male individuals, sold a…
Are the Actions of Private Security Subject to Constitutional Restraints?
Facts: A security officer, a retired member of the New York City Police Department which the court takes judicial notice of, at the Long Island Jewish Hospital, was instructed by his security supervisor, via radio transmission, to proceed to a Children’s Hospital parking lot. He was told to locate a…
Court Decides Possession of a Weapon Charge
Defendant allegedly fired a handgun at two individuals, who just prior to his firing, had fired a handgun at him causing him serious physical injury; handgun crimes. Defendant was charged with two counts of Criminal Possession of a Weapon in the Second Degree and one count of Criminal Possession of…
Court Rules Verdict Can Be Set Aside
The Facts: Defendant, his brother, and another man entered the house of a woman and robbed her at gunpoint. A New York Criminal Lawyer said the woman identified defendant as the one who wielded the gun during the robbery. A police officer was on patrol when he saw three men…
Case Deals with Drug Reform Act of 2009
Three men committed class B felonies involving narcotics and were sentenced to undetermined prison terms under the Rockefeller drug laws which governed sentencing of drug offenders. A New York Criminal Lawyer said two of them received sentences of 2 to 6 years and the other man was sentenced with 5…
Court Discusses Criminal Solicitation
The accused parties filed motions to dismiss the charges against them of criminal solicitation on the ground that there exists some jurisdictional or legal impediment to their conviction and on the ground that the accusatory instruments are defective. The Court grants the motions to dismiss the charges of criminal solicitation.…
Defendant Charged with Possession of Stolen Property
A nine-year veteran police officer was on patrol one evening when he responded to a radio communication of a man with a gun wearing a brown jacket on the corner of 121st Street and Seventh Avenue. When he arrived at the location, he exited his vehicle and spoke, first with…