The defendant is appealing a jury conviction that charged him with the crime of carrying a firearm during and in relation to a drug trafficking crime and for possession of a weapon and ammunition by a convicted felon. Case Background In July, law officers executed a search warrant on the…
The accused man along with a co-accused was convicted of robbery in the first degree. He and his co-accused had been charged with aiding and abetting the actual perpetrator; and the sole evidence linking the accused to the robbery was his own admissions. The evidence was insufficient to establish the…
The appeal was filed by the defendant for his conviction of the penal offenses of manslaughter that is considered a crime of terrorism, attempted murder, gun crime and conspiracy. A law was enacted by the Congress that penalized acts of terrorism due to the terrorist attacks that happened in 2001…
In this criminal case, defendant appealed from a judgment of the County Court, Nassau County (Jonas, J.), rendered November 18, 1991, convicting him of attempted murder in the first degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the second degree, criminal possession of…
A man who owned a bar saw two of his customers having an argument while inside the bar. He went over to them and told them to take their argument outside. The two men left the bar and stayed on the sidewalk just outside the bar and the argument escalated…
On February 26, 2001, Detective McSherry, Sergeant MC and Police Officer F., assigned to anticrime patrol in an unmarked Chevrolet Blazer and traveling northbound on Valentine Avenue in Bronx, were stopped at a red light at the intersection of Valentine Avenue and 184th Street, a high crime area. The Chevrolet…
This involves a criminal case where the court excluded the evidence sought to be introduced in a prior, uncharged incident stating it was largely irrelevant from the alleged crime from which defendant is being indicted. A New York Criminal Lawyer said on September 20, 1985, police officers chased herein defendants…
The laws of arrest in the United States are well defined. The laws that provide a police officer with the ability to stop a car or a person to determine if they are involved in a crime are also well defined. However, in both cases, case law continues to define…
At about 6:30 p.m., a 15 year old boy violated the criminal law. The boy was in unlawful barbiturates possession that can only be obtained by a doctor’s prescription. The boy, prior to his arrest, has been observed by the witness being approached by another youth who placed a dollar…
This case involves a defendant who was convicted by the jury for attempted murder in the second degree and assault in the second degree. Finding two errors of sufficient import, the court ruled that defendant was deprived of a fair trial. Thus, a new trial was ordered. On January 4,…