Ono June 21, 2007, a man was apprehended and subsequently charged with driving while intoxicated per se and common law driving while intoxicated. These two charges in the indictment are class E felonies which are predicated on a previous misdemeanor conviction for driving while intoxicated in 2001. After arraignment, a…
New York Criminal Lawyer Blog
Court Decides Custody Arrangement in Light of Domestic Violence Incidents
A man and a woman lived together and had a child who was born on February 17, 1990. They were married five months later on May 7, 1990. They resided at an apartment on Fifth Avenue. During their stay at the apartment, the woman met and cultivated a friendship with…
Should Lawyer Involved in Domestic Violence be Suspended?
A lawyer was admitted into the practice of law in New York in December 7, 2006 and he has been practicing as a lawyer in New York since that tiime . Sometime in October 4, 2007, he assaulted his live-in girlfriend. He threw her repeatedly onto the floor. He slapped…
Court Determines Custody in Light of Domestic Violence Allegations
A New York Sex Crimes Lawyer said that the defendant-mother (hereinafter referred to as mother) and plaintiff-father (hereinafter referred to as father) were married in December 1996 and in 2003 were physically separated when the mother left the marital residence alleging abuse against her and the children. The mother moved…
Plaintiff Sues Police for not Enforcing Order of Protection
On February 13, 1992, a woman pulled up to an area in Nassau County where she saw police officers working a car accident. She got out of her car and screamed for them to help her. She advised them that her husband was in her car with a knife and…
Defendant Claims Officer did Not Have Probable Cause in DWI Arrest
A police officer was patrolling along Route 404 on January 12, 2005 at 2am. He saw a car going very fast and it was heading toward him. The police officer’s radar unit registered the approaching vehicle to be going at 55 miles per hour when the speed limit in the…
Defendant Contends Proceedural Violations during his Arrest
Parole Officer One has been employed by the New York State Division of Parole since August 1993. She was assigned to supervise the parole of the defendant in July 2006. The defendant had been paroled on a burglary conviction. Upon his release, he had signed the conditions of parole which…
Court Determines if Probable Cause was Present for a Stop and Search
At around 9pm on September 26, 1985, a police officer was on radio motor patrol. As he was driving around the area of the corner of 204th Street and 113th Avenue, the police officer observed two men standing at that corner and one of them handed to the other a…
Court Discusses the Legal Concept of Asportation
On October 23, 1974, a resident of 272 Pennsylvania Avenue , in the County of Kings, stated that he returned home from work at about 12:05 AM. He stated that he parked his car in his parking spot and started to walk towards the side entrance of his building. He…
Court Decides if Medical Records are Hearsay in Domestic Violence Case
The police received a 911 call from a woman who claimed to being beaten up by her husband. The police arrived at the scene within one minute of the 911 call and found that a husband was yelling and berating his wife. The man was standing over his wife who…