Articles Posted in Rape

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The complainant and the defendant dated periodically for a period of time encompassing the past 13 years. The instant charge stems when the defendant is alleged to have picked up the complainant, thrown her over a couch, pushed her to the ground, and stomped on her groin, thereby causing her to allegedly suffer bruised ribs and a fractured coccyx.

In support of their application, the People detail the complainant’s allegations of physical and psychological abuse by the criminal defendant over a prolonged period of time. Included are a litany of alleged violent acts directed at her by the defendant, from 1991 to 2003. The alleged violence included threatening to kill the complainant on numerous occasions, repeatedly beating her, urinating on her, various acts of forcible sex, and constant berating of her. Although these acts occurred over a period of 13 years, except for brief sporadic periods of separateness, the complainant did not leave the defendant nor immediately seek protection from the police. All of the prior alleged violent acts were also the subject of the People’s Molineux application, which was separately decided.

The charges contained in the criminal complaint before the court allegedly occurred on August 25, 2003. The complainant did not report the alleged crime to the police on August 25, 2003. On October 19, 2003, after other alleged incidents, the complainant reported the charge to the police along with four additional charges. Thereafter, on November 6, 2003, the defendant was arrested for the above-listed crimes.

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A Nassau Rape Lawyer, on this appeal we are called upon to consider the effect and interplay of CPL 160.50 (sealing of records upon termination of criminal action in favor of the accused) and General Municipal Law § 50-e (notice of claim). Since the Supreme Court did not give proper consideration to the impact of CPL 160.50 in this case, we have modified the order by imposing certain conditions. On the evening of August 2, 1991, the petitioner, was arrested by a member of the New York City Housing Authority Police Department, in front of 453 Beach 40th Street in Queens. Ragland was arrested for criminal contempt in the second degree (violation of an order of protection) and harassment. The officer acted on the basis of information supplied to him by the person who was to be protected by the order of protection.

A Nassau Criminal Lawyer said that, the petitioner was arraigned in the Criminal Court of the City of New York, Queens County, and remanded, apparently in default of bail, until August 13, 1991. The charges were dismissed on November 7, 1991, and all records sealed pursuant to CPL 160.50. While the certificate of disposition does not set forth the reason for the dismissal, the petitioner indicates that it was because he had never been served with the order of protection. The petitioner, acting pro se, served a notice of claim upon the City of New York in January 1992. Subsequently, according to the petitioner, the Comptroller’s Office advised him that the City was not the proper party to be given notice. In March 1992 the petitioner consulted with his attorney and promptly moved for permission to serve a late notice of claim against the New York City Housing Authority (hereinafter the Authority), alleging false arrest, false imprisonment, and malicious prosecution resulting in “mental anguish or suffering, shame and humiliation, ridicule and scorn, moral and mental degradation, loss of earnings, property loss and physical injury”. Public Housing Law § 157(2) provides that all notices of claim relating to personal injuries must be presented to the Authority within 90 days and that all of the provisions of General Municipal Law § 50-e shall apply to such notices.

The Supreme Court granted the application, and deemed the notice of claim to be timely served. This decision was predicated upon the finding that the Authority had actual knowledge of the facts constituting the petitioner’s cause of action. The court did not address the question of any possible prejudice to the Authority.

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This is a proceeding wherein the petitioner made a FOIL request to the New York City Police Department in November 2007, requesting documents relating to his rape arrest.

On 16 September 2008, petitioner commenced an Article 78 proceeding to challenge a determination by the NYPD denying his request. On 30 April 2009, the NYPD submitted documents for an In camera Inspection pursuant to this Criminal Court’s Order and Decision filed on 1 April 2009.

The Court, after reviewing the documents in camera, finds that the NYPD has made the requisite showing of proving exemption for these documents.

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A Nassau Sex Crimes Lawyer said that, before the Court is an Article 10, child abuse and neglect proceeding brought by the Department of Social Services (hereinafter referred to as “DSS”) on behalf of the children. The Respondent is charged, as a parent substitute, with sexually abusing the child, the first child. The criminal respondent mother is charged with failing to protect the child. The petition on behalf of the second child is brought as a derivative petition against both respondents.

A Nassau Rape Lawyer said that, the petitions allege that the respondent parent substitute/father committed, or allowed to be committed, a sex offense upon said child, as defined in the penal law. The respondents parent substitute/father and mother failed to provide said child with proper supervision or guardianship, and said child’s physical, mental and emotional condition has been impaired and/or are in imminent danger of becoming impaired as a result of the failure of the respondents to exercise a minimum degree of care, requiring the aid of this Court, to wit: a) The respondent parent substitute/father has committed sex offenses upon this six (6) year old child. The respondent parent substitute/father placed a condom on his finger and inserted that finger into the six year old child’s rectum. The respondent parent substitute/father did this, on 12/25/07, while babysitting the first child and his biological child, was present in the same bed. b) On or about 12/25/07, the first child told the respondent mother that the respondent parent substitute/father inserted his finger in her butt. The respondent mother found the condom. On or about 3/26/08, the respondent mother told a detective from the Nassau County police department that she wanted to stop the investigation as she wanted the respondent parent substitute/father to return to the residence. The respondent mother is unwilling or unable to protect said child. Said child is in imminent danger of physical, mental and emotional harm due to the failure of the respondent mother to provide a minimum degree of care in the circumstances.

A Nassau Rape Lawyer said that, a fact-finding hearing was held over a number of dates: March 5, 2009, March 6, 2009, March 9, 2009, March 10, 2009, March 13, 2009, April 13, 2009, April 16, 2009, May 4, 2009 and May 18, 2009. The Presentment Agency, DSS, called seven witnesses. The respondents did not call any witnesses, nor did the Attorney for the Children.

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A Nassau Rape Lawyer said that, the defendant is accused of the crimes of rape in the first degree and sexual abuse in the first degree. He was acquitted in the first trial of this matter of the crimes of robbery in the first degree, petit larceny, and criminal use of a firearm in the first degree. The jury was unable to reach a verdict with respect to the rape and sexual abuse counts and the case is before this Court for retrial. The prosecution case rests primarily upon the testimony of the complainant, including her identification of the defendant as her attacker. It is anticipated that there will be some extrinsic evidence of defendant’s culpability, none of which will conclusively establish the defendant’s commission of the crime. It is also anticipated that the defendant will interpose an alibi defense.

A Nassau Sex Crimes Lawyer said that, the defense offer of proof indicates that a psychologist specializing in the field of memory and perception, will testify, if permitted, to the factors which studies have shown are relevant to the reliability of an eyewitness identification. These factors include: (1) the delay between the event and the identification; (2) stress; (3) the violence of the situation; (4) assimilation of post-event information; (5) the cross-racial aspect of the identification; (6) the selectivity of perception; (7) the “filling in” phenomenon; (8) expectancy; (9) the effect of repeated viewings; (10) the lack of a correlation between confidence and reliability; (11) the motivation of the victim to make a correct identification; (12) the motivation of the police to make an arrest; (13) the introduction of suggestiveness through photo arrays; (14) the availability of a “zero option;” and (15) the effect of what a witness is told after the identification is made.

A Nassau Rape Lawyer said that, he is also prepared to testify that laymen place an undue emphasis on identification testimony in general and that cross-examination is not effective to discredit a mistaken identification because the witness truly believes that his testimony is accurate, even if it is not. According to the defense memorandum of law, the expert witness will specifically not venture any opinion as to the validity of eyewitness identification testimony in general or as to the reliability of the identification testimony in the case at bar.

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This proceeding was originated by the Petition for a Writ of Habeas Corpus of JKB, filed in the Franklin County Clerk’s office on 30 March 2010. Petitioner, who is an inmate at the Bare Hill Correctional Facility, purported to challenge his continued incarceration in the custody of the New York State Department of Correctional Services. More specifically, petitioner asserted that the delinquent time assessment imposed following his 5 November 2008 final parole revocation hearing expired on 17 February 2010.

On 2 April 2010, the Court issued an Order to Show Cause on and as a part thereof petitioner’s habeas corpus proceeding was converted into a proceeding for judgment pursuant to Article 78 of the CPLR. On 27 April 2010, an Amended Order to Show Cause was issued. The Court has since received and reviewed respondents’ Answer verified on 28 May 2010. By Letter Order dated 8 June 2010 petitioner’s application for judgment on default was denied. Correspondence from petitioner in the nature of a Reply, dated 7 June 2010, was received directly in chambers on 9 June 2010.

On 10 September 1997 petitioner was sentenced in Oneida County Court, to an indeterminate sentence of 7 to 14 years, upon his conviction of the crime of Arson 2°. Petitioner was first released from DOCS custody to parole supervision in September of 2006. His parole, however, was subsequently revoked but restored at the Willard Drug Treatment Campus. Petitioner was released from Willard back to community-based parole supervision in January of 2007 but he again violated the conditions of release and was returned to DOCS custody as a parole violator.

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A Kings Criminal Lawyer said that, this action arises out of the defendant’s alleged involvement in the sale of a quantity of marijuana possession to an undercover police officer on November 1, 1983. The defendant was arrested and subsequently arraigned on a misdemeanor accusatory instrument on November 2, 1983. On December 1, 1983 defendant requested, via his omnibus motion that the People turn over the lab report for the substance in question.

Thereafter, the matter was adjourned for a variety of reasons and the instant motion to dismiss was filed on March 21, 1984. A review of the Court’s records indicates that, to date, the People have failed to provide either a laboratory report for the substance seized or a corroborating affidavit of the undercover police officer to whom the alleged sale was made. The Court’s records further reflect that as of the filing date of the defendant’s 30.30 motion the People had announced their readiness for trial.

A Kings Marijuana Possession Lawyer said that, defendant, is charged with unlawful possession of marijuana and Criminal sale of marijuana in the fourth degree. He now moves to dismiss the accusatory instrument pursuant to C.P.L. sections 170.30(1)(e) and 30.30 on the ground that he has been denied his right to a speedy trial. Specifically, defendant argues that the People could not have been ready for trial within the statutory ninety (90) day period since they failed to obtain a lab report confirming the nature of the substance seized. In the alternative, defendant contends that People failed to announce ready for trial within the statutory 90 day period.

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A complainant woman submits an application for an order of grant to leave to amend her complaint by bringing a sixth cause of action against a man and adding causes of action against him in negligence, negligent criminal representation and fraudulent concealment. She also submits an application for the modification of her cause of action against the principal of the school, adding another person as an additional opponent.

The opponents however oppose the applications and cross move it. They seek for an order to dismiss the complainant’s sex complaint in its entirety with prejudice, for the complainant’s failure to prove negligent misrepresentation, wrongful conduct or any other breach of duty on the part of the opponents. They also request the granting of an award of sanctions and/or attorneys fees for the complainant’s playful and merit less motion practice, as well as for the complainant’s unfounded, disciplinary, inappropriate and egregious statements made both by the complainant’s attorney and the complainants in their application. They also seek to deny the complainant’s motion to modify her complaint, as such application is without merit, improper and barred by the law.

The aforementioned action arises from the complainant’s alleged wrongful termination from her employment as a teacher in the school run by the man and other opponents. Sources revealed that the complainant worked at the said school as a remedial reading and social studies teacher for almost thirteen years.

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Two cases are before the court for resolution.

The first case is an appeal by the defendant, by permission, from an order of the County Court, Nassau County entered 31 January 2003, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of conviction of the same court rendered 10 April 2000, convicting him of rape in the first degree, sodomy in the first degree (two counts), and attempted sodomy in the first degree, upon his plea of guilty, and imposing sentence.

The court affirms the order.

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A Nassau Criminal Lawyer said that, during the summer of 1984 a young woman, 19 years of age, was subjected to an evening of sodomy and attempted rape by an individual whom she knew from the neighborhood, and whom she later, although not immediately, identified as the defendant. At trial, the court permitted the prosecution to present expert testimony on the psychological phenomenon known as “rape trauma syndrome” as an explanation for the victim’s failure to immediately identify her assailant. The defendant contends that this was error.

A Nassau Sex Crimes Lawyer said at approximately 9:00 P.M. on the evening of July 29, 1984, the victim, a 19-year-old resident of Southold, New York, received two telephone calls from a man claiming to be a friend of hers by the name of Paul. The caller told her that he was very upset and that he needed to talk to her, but that he couldn’t speak to her over the telephone. The victim borrowed her mother’s car and proceeded to meet him at a nearby location. A few minutes after arriving at the agreed-upon spot, a young man approached her parked vehicle. Believing that this man was her friend, she released the locks and allowed him to enter the car. She immediately realized that the man was not her friend, but rather the defendant, a young man she had known from the neighborhood for years and whom she had seen the previous night. She told him that she knew that he was her friend, whereupon the defendant ordered her at gun point to drive to Clark’s Beach, a secluded location, where, at gun point, he sodomized her twice and attempted to rape her. This sexual assault continued for about 45 minutes, after which the defendant forced her to drive him back to the spot where he had entered her vehicle.

A Nassau Sex Crime Lawyer said that, the victim immediately returned home between 11:00 and 11:30 P.M., woke her mother up and told her that she had been sexually attacked and that she was scared she was going to be killed. The victim’s mother telephoned the police who arrived 10 minutes later. While waiting for the police to arrive, the victim, who was hysterical and sobbing, washed her face and drank some soda. Her hair was matted, her sweater on inside out, and she appeared to be very upset. Nevertheless, she gave a description of her assailant to the two police officers, speaking rapidly and jumping up and down as she did so. The Officer drove the victim and her mother to the Southold Police Station, tape recording their conversation as they proceeded. The victim advised him of the two telephone calls she had received earlier that evening while they drove around and attempted to retrace the route taken to Clark’s Beach with the defendant, the officer jotting down license plate numbers as he drove along.

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