An appeal was made by the defendant from a judgment of the Queens County Supreme Court convicting her of forgery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and criminal possession of stolen property in the fifth degree, upon…
A burglary and stealing of a revolver allegedly took place while the owner of the house was away from home while attending her husband’s funeral. The revolver was the only item stolen in the house. A man was arrested subsequently at which time he allegedly stated that he had bought…
By petition filed pursuant to Family Court Act §310.1, respondent is alleged to have committed acts which, were she an adult, would constitute the crimes of Robbery in the Second Degree, Grand Larceny in the Fourth Degree, Petit larceny and Criminal Possession of Stolen Property in the Fifth Degree. A…
These are two unrelated proceedings joined for the purpose of this decision due to common questions of law and common prayers for relief under Section 240.70 of the Criminal Procedure Law. This decision is one of first impression dealing with the permissible sanctions for failure to comply with a Demand…
On the evening, the defendant and three of his associates were engaged in a business transaction on a busy street in Queens County. The business being conducted was the illegal sale of cocaine and the purported buyer was an undercover police officer. Arrested shortly after the sale by a police…
A Queens Petit Larceny Lawyer said that, the defendant is charged with one count of petit larceny (Penal Law §155.25) and one count of criminal possession of stolen property in the fifth degree (Penal Law §165.40). The defendant has moved to suppress statements on the ground that they were involuntarily…
A Queens Criminal Lawyer said that, the issue relates to the remedy to be imposed for the improper joinder of counts in an indictment. Defendant moves to dismiss the indictment as a result of the misjoinder of certain counts, namely, the murder charge, which occurred December 30, 1991, and the…
In the first case, a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County, which, upon a fact-finding order of the same court, made after a hearing, finding that the appellant had committed acts which,…
A woman is charged with two counts of petit larceny but she seeks to dismiss the complaint. She asserts that the complaint is facially deficient. But, the complainant filed a response asserting that the charges are sufficiently supported. The complainant asserts, and the woman does not deny, that the woman…
Defendant was arrested in January 2002 and charged with four counts of petit larceny. On said date, defendant was arraigned and pleaded not guilty. After a discussion with counsel, the court granted defendant leave to serve an omnibus motion. According to a Bronx County Criminal lawyer, in his omnibus motion,…