On October 16, 1997, a male identified only as C.B. made a videotaped confession to a Bronx Assistant District Attorney following his arrest. During the confession, C.B. discussed numerous criminal offenses and described on at least 11 different occasions on which he had entered private residences unlawfully and in some…
New York Criminal Lawyer Blog
Court Rules on DWAI Case
The defendant in this case was charged for DWI with two counts. The prosecution asked the court during the end of the defendant’s trial to include a lesser offense, driving while ability impaired or DWAI. The court granted the request despite the objection of the defendant. The defendant received acquittal…
Court Rules on DWI matter
A driver was involved in a one-car accident in Albany County. The car he was driving left the highway and struck a tree. As the result of investigation, officers of the defendant Town Police Department went to the hospital to issue the plaintiff driver his appearance tickets charging him of…
Court Rules on Drug Crime Charges
On April 20, 2007, an undercover police officer in a bar in Westhampton Beach in Suffolk County observed a suspect hand a knotted clear plastic bag containing a white powdery substance to another person and in return he was given cash money. They then separated and left the bar. Since…
Defendant Claims State Drug Statute Violates the Constitution
On November 7, 1974, the Supreme Court of Monroe County, New York was called upon to hear the appeal of a drug possession conviction. According to a Brooklyn Criminal Lawyer, New York man was convicted after a jury trial of “Criminal Sale of a Controlled Substance in the First Degree…
Court Rules on Sex Crimes Case
In September 2000, Darrin Higgens was accused of sexually abusing his 16-year-old daughter and having sex with one of her 15-year-old friends. Police arrested Mr. Higgens and after reading him his Miranda rights, he signed a written statement attesting to the fact that he may have had sex with his…
Court Rules on Question regarding Statutory Sentencing Guidelines
David Felix was charged with robbery in the second degree as an armed and violent Class C felony, according to a New York Criminal Lawyer. He pled guilty to a Class D violent felony offense in exchange for a prison sentence of one to three years. At that time, the…
Court Rules on Murder Case
A husband was convicted after a jury trial, of attempted murder, assault in the first degree and assault in the second degree. His terms were to run concurrently. The husband repeatedly stabbed his wife, causing her serious and permanent injuries, and forced her seven year old step-daughter to fall out…
Courts Rule on Mandatory Sentencing in Drug Case
A 25-year old mother was indicted and convicted of a drug crime after trial of the sale of cocaine, which is considered a class A-I felony to an undercover police officer. According to sources, in a location known for rampant cocaine possession, the mother sold the undercover officer 214 vials…
Court Deals with Witness Testimony is Sex Crimes Case
Brian Fielding was charged with and convicted of multiple counts of sodomy, sexual abuse and endangering the welfare of a child. His criminal defense attorney challenged his conviction with the New York Court of Appeals, on the grounds that the testimony of his victims was insufficient to prove his guilt…