New York is in the process of correcting a situation that involved handing out indeterminate sentences to drug offenders. A New York Drug Crime Lawyer said the 2004 Drug Law Reform Act and the Drug Law Reform Act of 2009 are efforts to correct some of the issues that have…
New York Criminal Lawyer Blog
Court Says Evidence Must Establish Prima Facie Case
Defendant is charged with assault in the third degree and resisting arrest, in violation of Penal Laws. Defendant moves for an order dismissing the two information, or, in the alternative, granting a hearing, pursuant to People v. Huntley (a Huntley hearing), regarding statements disclosed by the People in a notice…
Defendants Allege Lack of Jurisdiction in Rape Case
Two women were working at a taco restaurant. Two men came in and held up the restaurant. At gunpoint, the two men took the two women employees to their car in the parking lot. They made the women ride in their car. They drove them to a dead end road…
Court Discusses Temporary Order for Protection
Defendant and complainant are husband and wife. Immediately prior to his arrest, defendant and his wife were staying in separate cooperative apartments, each jointly owned by them, in the same apartment building in Manhattan. The larger of the two apartments was the couple’s marital home, while the smaller served as…
Defendant Moves for Supression of Evidence
On March 30, 1985 at approximately 10:00 P.M., the accused and his accomplice entered a supermarket in Island Park and accosted the manager who was in the process of closing the store. A New York Criminal Lawyer said the accused pointed a loaded pistol at the manager, cocked it and…
Statements Made by Defendant Used Against Him at Trial
The accused was arrested while driving his car a short distance from the scene of a possession of a weapon crime. After his arrest, the accused made certain statements to police which were used against him at trial. According to the statements, the accused had previously made the acquaintance of…
Court Hears Motion to Supress Evidence in Gun Crime
An appeal was filed by a man from a judgment convicting him of criminal possession of a weapon as a felony upon a jury verdict and from a judgment of the same court upon his plea of guilty to violation of probation. The appeal also brings up for review the…
Court Rules on Murder Case
On 23 March 1975 at about two o’clock in the morning, a murder occurred. It was witnessed solely by a nonparticipant to the crime which led to the defendant’s arrest. A New York Criminal Lawyer said the eyewitness had planned to arise at 2:00 A.M. of 23 March 1975 and…
Burglary Leads to Death of Police Officer
Defendant was convicted of murder in the second degree, burglary in the second degree, grand larceny in the second degree, possession of burglar’s tools, possession of a weapon in the third degree and unlawful possession of noxious materials. A New York Criminal Lawyer said that the crime started out as…
Court Considers Intentional Infliction of Emotional Distress Allegation
Plaintiff and defendant are brothers. The parties have been estranged since an event which occurred on Mother’s Day in 2003 at a family gathering. There have been numerous Family Court matters involving this family. The allegations: For the First Cause of Action – A New York Drug Crime Lawyer said…