Criminal Procedure

Published on: July 31, 2012

Court Decides if Defendant is Eligible for Resentencing

by Stephen Bilkis

The Facts:

On 16 October 1994, defendant was arrested for selling $20 of cocaine to an undercover police officer. On 27 January 1997, he was convicted of Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree (drug possession). He was sentenced as a Second Felony Offender to concurrent indeterminate prison sentences of 5 1/2 to 11 years. He was convicted in that case of. On 19 May 1999, defendant was released on parole.

Approximately 6 months later, he was arrested for another drug sale charge. On 4 August 2000, he pled guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony. A New York Criminal Lawyer said he then apparently failed to appear in court for sentencing and a bench warrant for his appearance was issued on 28 February 2001. He was returned on that warrant a little more than two years later on 2 May 2003. He was sentenced upon that conviction on 12 June 2003 to an indeterminate sentence of imprisonment with a term of 3 1/2 to 7 years.

Published on: July 31, 2012

Teenager Charged with Cocaine Possession

by Stephen Bilkis

On January 23, 1990 a police detective was looking through a one-way mirror at the passengers lined-up waiting for a bus to go to Virginia. The detective noticed a girl who looked no more than 13 years old lined up all by herself without a parent or guardian travelling with her. The detective also noticed that she had a bulge underneath her zipped-up coat.

A New York Criminal Lawyer said aware that some drug dealers used teenagers as drug mules to bring drugs across through state lines, and fearing that the teenager may be a runaway, the detective approached her and talked to her.

The detective sat behind her on the bus. The detective asked her first if she didn’t mind speaking to her and she assented. He asked her if she was travelling alone, how old she was and where she was headed. The girl confirmed that she was travelling alone and that she was on her way to visit family in Norfolk. She also claimed that she was 18 years old.

Published on: July 29, 2012

Defendant Contends Sentencing was Unconstitutional

by Stephen Bilkis

The Facts:

A New York Criminal Lawyer said on 15 December 1981, defendant was convicted of several drug crimes (which includes marijuana possession, heroin possession, etc.), viz: Criminal Sale of a Controlled Substance in the First Degree, Conspiracy in the Second Degree and Criminal Use of Drug Paraphernalia in the Second Degree. Defendant was sentenced to various terms of imprisonment.

The Issue:

Published on: July 27, 2012

Defendant Seeking Funds from Sale of a Home

by Stephen Bilkis

The plaintiff in the case is Joachim Harris. The defendants in the case are Chandra M. Young, et al. The case is being heard in the New York State Supreme Court. The Honorable Melvin S. Barasch is the justice hearing the case.

Case Facts and Background

The action in this case comes from the sale of a real property that was owned by the plaintiff. A New York Criminal Lawyer said the property is located at 176 Malta Street in the city of Brooklyn. The plaintiff sold the property to defendant Michael Greene on the 24th of August, 2001. The price was $255,000. The plaintiff states that he was defrauded by the plaintiffs as they withheld all but $180,000 from the sale of the home.

Published on: July 26, 2012

Defendant Charged with White Collar Crime

by Stephen Bilkis

Ideal Steel Supply Corporation is the plaintiff in this case. The defendants in the case are Marshall H. Beil, et al. the case is being heard in the Supreme Court of the State of New York located in Queens County. Judge Peter Joseph Kelly is presiding over the hearing.

The defendants have moved for an order to have the complaints made against them by the plaintiff dismissed.

Case Background

Published on: July 26, 2012

Defendant Requests Sanctions

by Stephen Bilkis

The plaintiffs in this matter are Avivith and William Oppenheim. The defendants in the case are Mark Stumer, Joseph Viscuso, Mojo-Stumer Associates Architects, P.C. and d/b/a Mojo-Stumer Associates. The case is being heard in the Supreme Court of the state of New York located in New York County. Judge Charles Edward Ramos is hearing the case.

Case Background

A New York Criminal Lawyer said thttp://www.newyorkcriminallawyer24-7.com/he plaintiffs, the Oppenheim’s made a RICO claim against the defendants based on mail and wire fraud. These claims were in connection with renovations that were being done on their apartment. This claim has been dismissed. The Oppenheim’s then made a similar claim against the defendants in a first amended complaint. This complaint was also dismissed.

Published on: July 25, 2012

Defendant Charged with Bank Fraud

by Stephen Bilkis

This case deals with a matter concerning the attorney and counselor at law, Cheddi B. Goberdhan. The petitioner in the matter is the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Cheddi B. Goberdhan is the respondent. The case is being heard in the Supreme Court of the State of New York, Appellate Division; Second Judicial Department. A. Gail Prudenti, P.J. , William F. Mastro, Peter B. Skelos, Reinaldo E. Rivera, and Leonard B. Austin, JJ are the judges hearing the case.

Case Background

A New York Criminal Lawyer said the Grievance Committee from the Second, Eleventh, and Thirteenth Judicial Districts has motioned for the name of the respondent to be taken off the roll of attorneys and counselors at law. The reason for this motion is that the respondent was convicted of a felony, which is in violation of Judiciary Law Section 904.

Published on: July 24, 2012

Defendant Files Motion to Dismiss Due to Transactional Immunity

by Stephen Bilkis

In 1980, the district attorney summons a grand jury to investigate allegations concerning a gas company. In connection with that investigation, the district attorney issued a subpoena directing the company’s president, to present to the grand jury numerous books and records of the company.

In addition,a New York Criminal Lawyer said the grand jury issued a subpoena directing the president to appear and give testimony. Consequently, the president appeared and testified to the company’s sales volume, his knowledge of that volume, his involvement in the company’s operation and his knowledge of about the financial situation.

The attorney-general secured charges against the president charging him with one count of grand larceny in the second degree (sales tax evasion) and sixteen counts of offering a false instrument for filing in the first degree (false sales tax returns).

Published on: July 24, 2012

Defendant Receives Mid-Trial Publicity

by Stephen Bilkis

The Facts:

Defendant has a history of being arrested under different names.

A New York Criminal Lawyer said that on 12 August 1972, defendant was arrested for possession of burglar’s tools while on a fire escape. He gave a name, name-one, with a date of birth of 30 December 1946 and an address of 180 Saratoga Avenue in Kings County.

Published on: July 23, 2012

Issue Revolves Around Whether Defendants Knew They Were in Possession of a Forged Instrument

by Stephen Bilkis

The Facts

On 2 July 1982, defendant presented a check in the amount of $254.78 to a cashier employed by a Market to pay for a $30.06 bill for groceries. A New York Criminal Lawyer said the check was made payable to person-one and drawn against an account maintained by a corporation.

The check was presented with the Market’s customer check cashing card which had been issued to person-one. At the time the check was presented to the cashier, it bore the signature of person-two, as maker on behalf of the corporation, and was indorsed on the reverse side of the check in the name of person-one. In order to receive cash to return to defendant, the cashier went to the service counter where she handed the check and the check cashing card to the head cashier. The head cashier recognized the check as one for which an alert had been received by the store a few days earlier, thus, he instructed the cashier to detain defendant, and called the police and the assistant store manager. Thereafter, defendant indicated to the assistant store manager that the check was his. (Defendant repeatedly denied that this conversation with the assistant store manager ever occurred.) While the assistant store manager attempted to detain defendant, defendant left the store. The assistant store manager followed defendant out of the store and identified him to the police.