Criminal Procedure

Published on: July 7, 2012

Court Finds Prejudice Against the Defendant, Orders New Trial

by Stephen Bilkis

This matter deals with Juan S. Afif, the petitioner. The respondents in the matter include Gordon M. Ambach, the Commissioner of Education, et al. The case is being heard in the Third Department Appellate Division of the Supreme Court of the State of New York.

Case Background

A New York Criminal Lawyer said the petitioner in the case, Juan S. Afif was charged with alleged sexual abuse of a patient while conducting a gynecological examination. The charges were made by the Office of Professional Medical Conduct. Included in the charges were abusing a patient physically, gross negligence, fraud, and the practice of medicine with moral unfitness in the profession.

Published on: July 7, 2012

Defendant Attacked While Swimming in the Ocean in Queens

by Stephen Bilkis

This is a case of appeal being heard in the Supreme Court of the State of New York in the Appellate Division in the Second Department. The appellant of the case is the People of the State of New York. The People are represented by Richard A. Brown, District Attorney of Kew Gardens with Nicoletta J. Caferri, Steven J. Chananie, and Barbara D. Underwood for counsel. The respondent of the case is Pedro Alvarez. The defendant is represented by the law offices of Michael Vincent Ricci located in Whitestone. The counsel for the defendant is Robert A. Katz. The case is being heard in front of Rosenblatt, J.P., Lawrence, Miller, and Pizzuto, JJ.

The People of the State of New York are appealing an order that was made by the Supreme Court of Queens County. The order is from the 8th of September, 1992 and granted the defendant the motion to have the indictment made against him dismissed.

Case Background

Published on: July 6, 2012

Court Decides Jurisdiction of Rape Case

by Stephen Bilkis

This is a matter dealing with the anonymous respondent, Trevon Y. and the appellant the Presentment Agency. The case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The Judges hearing the case are Mark C. Dillon, J.P., Ariel E. Belen, Ruth C. Balkin, and Leonard B. Austin, JJ.

The Presentment Agency is appealing a juvenile proceeding which took place in the Family Court of Queens County. The original order from the Queens County Family Court is dated the 27th of April, 2010 and dismissed the original petition of the case with prejudice.

Case Background

Published on: July 6, 2012

Defendant Requests Reduced Charges for Bail Jumping

by Stephen Bilkis

The People of the State of New York are the appellants in this case. The respondent of the case is George Eiffel. The case is being heard in the Second Department Appellate Division of the Supreme Court of the State of New York. The appellant is represented by the Kew Gardens District Attorney Office with Andrew Zuckerman and Michael O’Brien for counsel. The respondent is represented by the law office of Robert M. Baum with Michele Maxian and Susan L. Hendricks for counsel. The judges overseeing the case are Bracken J.P., Eiber, Lawrence, and Santucci, JJ.

A New York Criminal Lawyer said he People of the State of New York are appealing an order that was made in the Queens County Supreme Court that is dated the 29th of November, 1991. The ruling from the Queens County Supreme Court allowed the defendant to reduce the charges of bail jumping in the first degree to bail jumping in the third degree.

Court Discussion and Decision

Published on: July 5, 2012

Defendant Uses Doctrine of Collateral Estoppel

by Stephen Bilkis

The People of the State of New York are the plaintiffs of the case. The defendant in the matter is Joon Ho Chin. The case is being heard by Judge Randall T. Eng.

The defendant is using the doctrine for collateral estoppel in this particular case. The defendant, Joon Ho Chin, moves to preclude the plaintiff, the People of the State of New York, from introducing evidence that he used physical force in the alleged rape against the complainant of the case.

Case History

Published on: July 4, 2012

Court Finds Harmful Evidence Was Submitted by Defense

by Stephen Bilkis

This is an appeal case being heard in the Supreme Court of the State of New York, Second Judicial Department, Appellate Division. The respondent in the case is the People of the State of New York. The appellant of the case is Rupnarine Jaikaran. The judges hearing the case are Mark C. Dillon, J.P., Ariel E. Belen, John M. Leventhal, and Plummer E. Lott, JJ.

A New York Criminal Lawyer said the defendant is appealing a verdict that was made in the Queens County Supreme Court. The original verdict was made by Judge Gavrin and dated the 27th of October, 2008. The order convicted the defendant of endangering the welfare of a child.

Case Background

Published on: July 4, 2012

Defendant Requests DNA Test

by Stephen Bilkis

The People of the State of New York are the plaintiffs of the case. The defendant in the case is Roderick Keene. The case is being heard in the Supreme Court of the State of New York located in Queens County. Michael Gaffey is representing the defendant. The plaintiff is represented by Richard A. Brown, District Attorney’s office with Nicolleta J. Caferri for counsel.

Case Background

A New York Criminal Lawyer said on the fourteenth of February, 1989, a fifteen year old girl was accosted in the basement of her apartment building where she was attempting to do her laundry. The assailant threatened her with a gun and a knife and then dragged her into the incinerator room. He hit her in the head and then pulled down her pants, pushed her to the ground and placed his penis in her anus. He told her not to look at him. Someone approached the incident and the assailant heard them and fled from the scene.

Published on: July 3, 2012

Defendant Contends that he did Not Receive a Fair Trial

by Stephen Bilkis

The People of the State of New York are the respondents of this case. Eric Maier is the appellant of the case. The case is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York.

A New York Criminal Lawyer said the defendant is appealing a judgment that was issued from the County Court of Suffolk County. The judgment convicts the defendant of criminal possession of a controlled substance in the fourth degree. He is also convicted of failing to stop at a stop sign. The conviction was made by a jury.

Case Background

Published on: July 3, 2012

Court Finds Burden of Proof Not Met

by Stephen Bilkis

The respondent for this particular case is the People of the State of New York. The appellant of the case is Robert J. Wofford. The case is being heard in the Second Department, Appellate Division of the Supreme Court.

The defendant is appealing a judgment that was made by the Kings County Supreme Court. The judgment was made during a nonjury trial and the defendant was convicted of murder and possession of weapons. He was charged with a misdemeanor and is now serving a 20 years to life sentence for the murder charge.

Case Facts

Published on: July 2, 2012

Court Discusses Mental Hygine Act

by Stephen Bilkis

The petitioner of the case is the State of New York. The respondent of the case is P.H. This case is being heard by Judge Daniel P. Conviser.

A New York Criminal Lawyer said the respondent, P.H., is a sex offender and this case involves the civil management petition that has been filed, pursuant to the mental hygiene law. A hearing was conducted on the 22nd of September, 2008 to determine whether or not probable cause existed in the case to believe the respondent was in need of civil management as set by the Mental Hygiene Law section 10.06.

The petitioner called one witness during the hearing, Dr. Erika Frances. The court determined her testimony to be credible in the matter. There were no witnesses called by the respondent of the case.