New York Criminal Lawyer Blog
This is a case of the People of the State of New York versus the defendant Carlos Hairston. The case is being heard in the Kings County Supreme Court.
Indictment
A New York DWI Lawyer said the defendant in this case is being charged with rape in the first degree, predatory sexual assault, as well as other charges.
The indictment states that the on the second of May, 2011, the defendant forced witness M.B. to have oral sex on him and have anal sex with him. A New York DWI Lawyer said on the fourteenth of May, 2011, the defendant is accused of forcibly touching the breasts of witness A.H. with both his mouth and his hands. He also forced this victim to perform oral sex on him and to have vaginal intercourse with him.
After reviewing the minutes from the Grand Jury, the People have dismissed the predatory sexual assault charges of the indictment. The defendant has now moved to have counts 12 through 15 of the indictment dismissed.
Arguments
The defendant states that the rest of the counts of predatory sexual assault do not properly state a crime or offense cannot be amended legally, and the use of the predatory sexual assault statute is in violation of the defendants due process rights.
The People maintain that using the predatory sexual assault statute is correct in this case and that the counts numbered 12 through 15 have been properly charged and presented to the Grand Jury. The People state that the counts were properly worded in the document provided to the Grand Jury.
Court Opinion
The predatory sexual assault laws under the Penal Law states that a person is considered guilty of predatory sexual assault if they commit a crime of rape, criminal sexual assault, aggravated sexual abuse, or a course of sexual conduct against a child in the first degree.
The defendant states that the People have failed to state an offense or crime in the counts being questioned. The argument is the same for all four counts in question and for this reason one example of the indictment will be discussed.
Count 12 of the indictment states that the defendant committed the crime of rape in the first degree by contact of his penis to the mouth of plaintiff M.B.
When reading the Penal law above, it is easy to see that it states that if the crime of rape is committed the person is guilty of predatory sexual assault. The People have shown sufficient evidence to support the claims of rape in the first degree against both M.B. and A.H. in this case. A Nassau County DWI Lawyer said the evidence shows facts and the sequence of events in each of the four counts of predatory sexual assault that the defendant has moved to have dismissed.
After reviewing the information that has been provided to the Court involving this case, it is found that the counts 12 through 15 of the indictment adequately state an offense or crime. Additionally, this finding rules the second contention of the defendant that the counts cannot be mended illegally moot. For these reasons the court finds that there were no procedural errors or flaws in the indictment that was provided by the People to the Grand Jury. The motion to dismiss made by the defendant is denied based on these findings.
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