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
This is an appeal case. The case is being heard in the Second Department, Appellate Division, of the Supreme court of the State of New York. The respondent in the case is the People of the State of New York. The appellant of the case is Jean Cantave. The People of the State of New York are represented by John M. Castellano, Roni C. Piplani, and Sharon Y. Brodt from the District Attorneys office in Kew Gardens New York. The appellant is represented by the law offices of Lynn W.L. Fahey of New York, New York with De Nice Powell for counsel.
A New York Criminal Lawyer said the defendant is appealing an order that was made by the Queens County Supreme Court. The order was issued on the 28th of June, 2008 and convicted the defendant of first degree rape and first degree sexual abuse.
Case Background
On this proceeding, the court argues on the matter that in what extent can a psychiatrist rely on out-of-court materials, such as pre-sentence reports and department of parole records, in compiling a history of sex offenses committed by a man in order to formulate a psychiatric opinion and whether the man has a mental abnormality as that term is defined in the law.
A man was convicted of attempted rape in the first degree of a 13-year-old victim. The decision of the offense is considered established and may not be arguable. The records from the proceeding are acceptable at trial. In addition, the man’s criminal history includes a number of additional convictions. Previously, the man was convicted with rape in the third degree were the victim was a 15 years old. The underlying facts supported by court felony complaint sworn under oath by victim, grand jury decision, presentence report and certificate of conviction. The man was also convicted with rape and sodomy in the first degree when he engaged in forcible sexual intercourse with his 12-year-old daughter. Moreover, the man was convicted with impairing the morals of a minor when he allegedly fondled the 11-year-old victim. Lastly, the man also convicted with attempted assault when he allegedly fondled the eight-year-old victim.
At trial, the complainant presents the testimony of a licensed social worker who compiled the documents settling forth the man’s criminal history. The woman’s testimony established that she collated the documents from various sources and compiled a report used by the office of mental health colleagues in the proceedings. Afterward, the testimony of the complainant’s expert psychiatrist established that he relied upon the same documents, as well as his interview with the man, in formulating his expert opinion.
This case is being heard in the Second Department, Appellate Division, of the Supreme Court. The appellant of the case is Donald Booker. He is being represented by Patrick R. Garcia from Brooklyn. The respondent of the case is the People of the State of New York, et al. The respondents are represented by the office of the Brooklyn District Attorney, Charles J. Hynes with Camille O’hara Gillespie, Peter R. Chatzinoff, and Barbara D. Underwood for counsel. The case is being heard before Kooper J.P., Rosenblatt, Harwood, and Miller, JJ.
Appeal
A New York Criminal Lawyer said the defendant is appealing a previous judgment made by the Supreme Court of Kings County. The previous judgment found the defendant guilty of burglary in the second degree through a verdict by a jury and an imposing sentence.
Facts:
A security officer, a retired member of the New York City Police Department which the court takes judicial notice of, at the Long Island Jewish Hospital, was instructed by his security supervisor, via radio transmission, to proceed to a Children’s Hospital parking lot. He was told to locate a certain auto reportedly containing a handgun. A New York Criminal Lawyer said he was also informed that the New York City Police Department had been notified and would arrive shortly. When he located the auto, he observed the handgun in a holster on the front seat. He immediately radioed his supervisor who replied that the police will be on the scene. The security officer checked the auto door and found it locked. The defendant himself, a security officer at the Children’s Hospital, arrived on the scene and saw the responding uniformed security officer standing by his auto. Defendant, without prodding, told the security officer that the auto was his. He then opened the auto door and gave the gun to the security officer.
Defendant then left the scene. The New York City police arrived within minutes, and the responding security officer reported his findings and handed the gun to the police. Defendant then returned to the scene. A New York City Police Officer asked the defendant if the auto was his; defendant replied affirmatively. The officer then asked defendant if he had a permit for the gun. Defendant replied he did not. The police officer then placed the defendant under arrest. While in a police car on the way to the police station defendant was read his Miranda warnings. He then told the officer that he had gotten the gun down south.
A cab driver was caught with a loaded .22 caliber revolver while in his taxicab on February 24, 1978. The District Attorney convened a Grand Jury to deliberate on whether or not to issue an indictment against the cab driver.
A New York Criminal Lawyer said the District Attorney accused the cab driver of criminal possession of a weapon in the third degree (a Class D felony) when he possessed a loaded firearm and his possession does not take place in his home or place of business.
When the District Attorney gave the Grand Jury instructions, he did not inform the Grand Jury that there is an exception to the crime of criminal possession of a weapon in the third degree: that if the man possessed the loaded weapon in his place of business, he can be charged with a lesser offense of criminal possession of a weapon in the fourth degree which is a misdemeanor.
On this proceeding, the man moves to be granted judgment without trial to dismiss the complaint against him.
The man is the brother of the complainant woman. The siblings separated since an event that occurred during mother’s day at a family gathering. Based on records, there have been numerous family court matters involving their family.
On the said event, a New York Criminal Lawyer said a sixteen year old nephew of the complainant and the man exposed himself and masturbated in front of the man’s five year old daughter. The said incident caused a huge schism in the family, with various family members taking sides against each other. At some point after the incident, the complainant, who was a hall monitor at an old elementary school, confronted the daughter of the man. According to the man, the complainant cross examined his daughter about the incident. As a result on the said confrontation to the child, the man alleged that her daughter became frightened and did not want to see or speak to the complainant.
On 10 November 1988, early in the evening, A New York City Police Officer and his partner, both assigned to the 34th Precinct, were on routine motor patrol, when they received a radio message directing them to the corner of 213th Street and Broadway, New York County.
As the officers were approaching the location, one of the officers saw one man holding another man, with a woman standing nearby.
A New York Criminal Lawyer said one of the men, informed the officer that, after he had heard a woman screaming, he saw the man, who he was now holding and who was later identified as the defendant, running from Inwood Park, carrying a brown pocketbook, and he responded by seizing and holding the defendant, while a bystander summoned the police. At that point, the man gave the officer a rubberized hammer handle, as well as the pocketbook, and he told the officer that he had taken both of those items from the defendant. Further, the man explained to the officer that the defendant had attempted to strike him with the hammer handle.
The appellant of the case is Dude Emshwiller. The appellee in the case is the State of Florida. The case is being heard in the second district of the District Court of Appeal in Florida.
Appeal
Dude Emshwiller, the appellant is appealing his original judgment and sentencing. The original sentence is for three years on the charges of grand theft.
The plaintiff and appellant of the case is Jacqueline E. Morris. The defendant and appellee in the case is Albertson’s Inc. The case is being heard in the eleventh circuit of the United States Court of Appeals.
Case History
A New York Criminal Lawyer said that on the sixteenth of October in 1980, around 5:15 pm, Thelma Powell, who was an employee of Albertson’s saw a young black lady opening the cellophane wrappers of cosmetics and placing the items in her purse (petit larceny). Powell continued to watch the woman throughout the store.
New York Criminal Lawyer Blog