Criminal Procedure

Published on: August 15, 2012

Court Reverses Rape Conviction

by Stephen Bilkis

The People of the State of New York are the respondents in this case. The defendant and appellant in the matter is Edward Murphy. A New York Criminal Lawyer said the case is being heard in the Supreme Court, Appellate Division, First Department. The defendant is appealing an order made by the Supreme Court of Bronx County that convicted him after a jury trial of the crime of rape in the first degree and sentenced him to a lesser sentence concurrent with a conviction of rape in the first degree.

Court Records

In review of the case it is found that the defendant offered statements to the court standing by his plea of guilty. He bargained for this plea and did not want to withdraw it. The statements made to the probation officer that were thought by the court to be a protestation of innocence were not inquired into the court in any extent. A New York Criminal Lawyer said the order of the court to vacate the guilty plea must be set aside in this particular case.

Published on: August 14, 2012

Defendant Contends Miranda Rights Were Violated

by Stephen Bilkis

The respondent of this case is the People of the State of New York. The appellant in the case is Martin Tankleff. This case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. Martin Tankleff is appealing a decision that denied his motion to vacate two judgments from the same court that convicted him of murder in the second degree.

Case Facts

On the 7th of September, 1988, Seymour and Arlene Tankleff were attacked fatally in their home located in Belle Terre, New York. A New York Criminal Lawyer said when the police arrived at the scene of the crime, the defendant, who is the son of the victims and was 17 years old at the time, repeatedly told the police that his father’s business partner, Jerard Steuerman committed the murders.

Published on: August 14, 2012

Court Discusses Waiver of Right to Appeal

by Stephen Bilkis

This is a case being heard before the Supreme Court, Appellant Division, Second Department of the State of New York. The respondent in this matter is the People of the State of New York. Jay Jomar Bradshaw is the appellant of the case.

The defendant is appealing a judgment that was made in the Kings County Supreme Court. A New York Criminal Lawyer said the judgment convicted him of rape in the first degree after he pleaded guilty to the crime. The appeal will review the denial of the charges after a hearing for suppression of identification.

Case Background

Published on: August 14, 2012

Defendant Claims Ineffective Counsel

by Stephen Bilkis

The case involves the People of the State of New York against the defendant Floyd F. The Criminal Court of the City of New York in Kings County is hearing this case. The defendant has motioned to have his plea of guilty to sexual abuse in the third degree vacated. The plea was taken on the 10th of November, 1994 and he was convicted for the crime on the 12th of January, 1995.

Defendant’s Argument

The defendant is requesting that the judgment against him be vacated based upon ineffective counsel and because the plea was entered without him fully understanding what it met. A New York Criminal Lawyer said the defendant argues that when he entered the plea of guilty he was not informed by his attorney of the potential immigration consequences. He states that if he had known about these consequences he would have chosen to not enter the plea and would have gone to trial instead.

Published on: August 13, 2012

Court Finds Issues with Search

by Stephen Bilkis

This is a case before the Justice Court of the City of New York in Nassau County. The defendants in this matter are Juana and Jose Ventura. The plaintiff in the case is the People of the State of New York.

Case Background

A New York Criminal Lawyer said there was reason to believe that the defendants were living in a home that was over occupied. An affidavit was submitted to support the warrant. In the affidavit it was shown that there was reason to believe that up to 25 people were currently living in different areas of the premises. This is a violation of the rental code and there had been several complaints regarding the premises.

Published on: August 13, 2012

Defendant Requests Disclosure of Exculpatory Materials

by Stephen Bilkis

The defendant in this case is Michael Brown. He has made an omnibus motion requesting several forms of relief. The People of the State of New York are the plaintiffs in the case. The County Court of the City of New York in Suffolk County is hearing the case.

Case Discussion

A New York Criminal Lawyer said the defendant’s omnibus motion has requested discovery pursuant to CPL 240.20. The People have answered that they have provided their entire discovery to the defense. The defendant has not submitted a reply to contest the sufficiency of the answer that was provided by the People. For this reason, it seems that the request has been complied with.

Published on: August 12, 2012

Court Hears Drug Fraud Case

by Stephen Bilkis

The respondent and defendant in this case is J. Milford Kirkup Jr. The People of the State of New York are the appellants in the case. The Court of Appeals in the state of New York is hearing this case. There were two indictments filed against the defendant, Kirkup, in the Extraordinary Special and the Trial Terms of the Supreme Court of Suffolk County. Indictment 7256 charged the defendant with committing the crime of conspiracy. Indictment 7258 charges the defendant of violating section 1864 of the Penal Law.

Case Background

A New York Criminal Lawyer said the People of the State of New York submitted evidence to the Grand Jury that showed that Albert Freistadt, who is a pharmacist that operates a small retail drug store in Suffolk County along with his successors in interest had ordered drugs from pharmaceutical houses solely for the use of the Suffolk County Home, but in actuality for selling to the public.

Published on: August 12, 2012

Defendant Claims Entrapment

by Stephen Bilkis

This is a case of appeal by the defendant Jesus Torres. The respondent of the case is the People of the State of New York. This case is being heard in the Supreme Court, Appellate Division, Second Department. A New York Criminal Lawyer said the defendant is appealing a judgment that was made in the Supreme Court of Suffolk County. The judgment was rendered on the 19th, 1989 and convicted him of the criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree.

Case Background

In 1985, the defendant, Jesus Torres, and his business partner ran a successful roofing business in Suffolk County. They had the business for several years. For several years the defendant, his wife, his business partner, and several of their mutual friends were weekend cocaine users. The defendant used one gram of cocaine a week and this was supplied to him by his business partner.

Published on: August 11, 2012

Court Treatment for Defendant in Drug Possession Case

by Stephen Bilkis

This is a matter of an application made by the petitioner Ronald Miller in regard to a judgment that was filed in the Franklin County Clerks office on the 29th of January, 2008. The respondent in the case is Brian Fischer who is the Commissioner for the NYS Department of Correctional Services. The case is being heard in the Supreme Court of the State of New York located in Franklin County.

Case Background

On the 21st of November, 2006, the petitioner was sentenced in the Suffolk County Court as a second felony offender. His sentence was set at five years with two years of post release supervision. This sentence was for his conviction of the crime of criminal possession of a controlled substance (drug possession).

Published on: August 11, 2012

Court Rules on Drug Possession Case

by Stephen Bilkis

This is a case being heard in the Suffolk County Court. The case involves the People of the State of New York against the defendant Kenneth Murray. The defendant has been accused of acting in concert with another in commission of the crimes of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree. A New York Criminal Lawyer said Murray has moved for the charges against him to be dismissed on the account that the indictment is defective and that it was not found on legally sufficient evidence.

Defendant’s Argument

The defendant argues that the indictment is deficient as it fails to conform to CPL section 200.30, subdivision 7. This section requires that a plain and concise factual statement of each count must be made. It further states that the defendant must be clearly apprised as to the matter of the accusation that is made against him.