(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. B. 2018 NY Slip Op 01956 March 22, 2018 After a jury trial, the defendant was convicted of a violation of Penal Law 125.25, which is second-degree murder. The defendant murdered his girlfriend in a New York hotel room, found partially clothed in a bathtub. The defendant’s DNA…
2018 NY Slip Op 02797 April 25, 2018 Decision This is an appeal from a judgment made in the County Court, Westchester County from January 17, 2012, which convicted him of murder in the 2nd degree. This appeal addresses the denial of those branches of the defendant’s omnibus motion which…
A Kings Criminal Lawyer said that, the People move for an order amending the indictment pursuant to the provisions of Section 200.70 of the Criminal Procedure Law. The indictment contains three counts. The first count accuses the defendant of the crime of attempted murder, a Class B felony. The People…
The outset of a criminal case can be the difference between an acquittal and conviction if a person does not have an attorney present after being arrest or being interrogated. An attorney can save an accused from self-incrimination during the period where an individual is most vulnerable. In the People…
A man made an appeal from a judgment convicting him of murder in the second degree and criminal possession of a controlled substance in the fourth degree. The court found that it was legally sufficient to establish the man’s guilt of murder in the second degree. Moreover, the court is…
Petitioner was found guilty of a criminal act and has been sentenced to death. He has been in incarceration or on death row for approximately 17 years before the death sentence was supposed to be executed. Consequently, petitioner filed a petition for a writ of certiorari. Petitioner raised the question…
The criminal defendant appealed from his convictions of first-degree murder and second-degree criminal possession of a weapon. According to the defendant, the court erred in imposing upon him consecutive sentences because he acted with singular intent during one criminal transaction. However, recent Court of Appeals decisions reiterate that the test…
In this drug offense, petitioner was a 21 year old heroin addict. On September 18th, two agents of the Sheriff’s Department of Louisiana, accompanied by a paid informant, and encountered petitioner. Aware of petitioner’s addiction, they asked him whether he had any heroin. He answered that he did not but…
On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends. The house where the…