New York Criminal Lawyer Blog

In February 7, 2011, a one hundred seven (107) count indictment was filed with the Nassau County Court Clerk charging fourteen (14) defendants, each with a count of Enterprise Corruption, Conspiracy in the Fourth Degree and Scheme to Defraud in the First Degree. Each criminal defendant was charged with additional differing counts, including Money Laundering in various degrees, Falsifying Business Records in various degrees, Identity Theft in the First Degree and Grand Larceny in various degrees.

A Nassau County Criminal Lawyer said that all defendants were arraigned and on April 6, 2011, specific dates were scheduled by the Court regarding time limitations for plea negotiation and discovery. On that date, in light of the large number of defendants, attorneys, witnesses, and the complexity of the case, a firm date of October 17, 2011 was set for the commencement of trial.

The Court inspected the twelve hundred (1,200+) plus pages of grand jury minutes and issued orders on omnibus motions. Various discovery issues were resolved.

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Defendant and co-defendants were charged with three counts of violating Penal Law § 160.15(4), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.15(2), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(1)(b), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(3), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 155.40(1), Grand larceny in the Second Degree as a class C felony; one count of violating Penal Law § 145.10, Criminal Mischief in the Second Degree as a class D felony and one count of violating Penal Law § 140.35, Possession of Burglar’s Tool as a class A misdemeanor.

A Nassau County Criminal lawyer said that on March 1, 5, 6, 8, and 12, 2012, after motion practice by the attorneys, this Court conducted a Huntley, Mapp, and Dunaway hearing. The Huntley hearing pertained to various oral and written statements allegedly made by defendants. The Mapp hearing pertained to items allegedly seized from 2 defendants. The Dunaway hearing pertained to probable cause for the arrest of the 2 defendants.

This Court finds the testimony of 4 Police Officers, and 4 Detectives. An Officer testified that on October 14, 2011, he was working a 7 am to 7 pm tour of duty for the Nassau County Police Department. He was in uniform, working alone, in a marked Nassau County Police vehicle. At approximately 1:52 pm, he was on Northern Boulevard in Manhasset, Nassau County, taking an accident report. While taking the accident report, he received a radio assignment for a robbery at the a jewelry store in Manhasset. The radio assignment indicated that the suspects were male blacks, that they were armed with multiple handguns, and that they fled in a black Cadillac Escalade (hereinafter referred to as the “Escalade”).He pursued the Escalade onto the Long Island Expressway Service Road and then onto the Long Island Expressway. As the traffic on the Long Island Expressway slowed down, he observed four (4) to five (5) male black individuals jump out of the Escalade while it was still moving, run across the traffic lanes of the Long Island Expressway, jump over the center barrier, and exit the Long Island Expressway.

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Defendant is charged with two counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 160.05, Robbery in the Third Degree as a class D felony; and three counts of violating Penal Law § 155.30(1), Grand larceny in the Fourth Degree as a class E felony. Codefendant Dwight Washington is charged with two counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 160.05, Robbery in the Third Degree as a class D felony; two counts of violating Penal Law § 155.30(1), Grand larceny in the Fourth Degree as a class E felony; and one count of violating Penal Law § 155.25, Petit Larceny as a class A misdemeanor.

A Nassau County Criminal lawyer said that on January 13, 17, 18, 19, and 23, 2012, upon stipulation by the attorneys, this Court conducted a Huntley, Mapp, and Wade hearing.. The Huntley hearing pertained to various oral and written statements allegedly made by defendants. The Mapp hearing pertained to money allegedly seized from defendants, and various other items allegedly seized from the car owned.

The People called four (4) witnesses at the hearing. The Court finds the testimony of these witnesses to be credible.

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A Nassau Grand Larceny Lawyer said that, on July 22, 1977 two robbers entered the Ridgewood Savings Bank. One of them stood guard with a gun while the other jumped over a counter, ordered the tellers to open their cash drawers which contained bank funds, and then took money from each drawer. A total of more than $27,000 was taken. Based on these acts, the Nassau County Grand Jury, in an indictment dated August 10, 1977, charged the defendant with the crimes of robbery in the first degree (three counts), robbery in the second degree (two counts), grand larceny in the second degree and grand larceny in the third degree (two counts). After trial the jury returned a verdict finding the criminal defendant guilty on the second and third counts of the indictment, each of which charged him with robbery in the first degree.

The defendant raises three issues on this appeal: (1) that he was denied his right to counsel at a lineup; (2) that the second count of the indictment was void for duplicity; and (3) that the sentences imposed were unduly harsh.

The second count of the indictment charged the defendant with the crime of robbery in the first degree in that he “forcibly stole certain property from the employees of the Ridgewood Savings Bank and in the course of the commission of the crime displayed what appeared to be revolvers”. The three named individuals are tellers of the said bank.

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Sources show that one evening, the accused approached a motor vehicle which was idling outside a convenience store and falsely told the woman in the front passenger seat (hereinafter the passenger) that the vehicle’s rear tire was low. When the passenger got out to investigate, the accused jumped into the driver’s seat and shut the door. The passenger jumped back into the car and, as the accused tried to push her out of the moving vehicle, the passenger continued to struggle with the accused as he drove away. After driving approximately one half of a mile, the passenger succeeded in stopping the car, and the accused jumped out. The accused was arrested later that night after taking money and merchandise from a Dairy Barn drive-through store, and after leading the police on a high-speed chase through a residential area. Items found in his possession upon his arrest included cocaine, marijuana, a camcorder, DVD player, video game console, and stolen credit card.

After conviction, accused appeal from a judgment of the County Court, convicting him of reckless endangerment in the first degree, robbery in the second degree, grand larceny in the third degree, grand larceny in the fourth degree (two counts), petit larceny, criminal possession of stolen property in the third degree, criminal possession of stolen property in the fourth degree (five counts), criminal possession of stolen property in the fifth degree, criminal mischief in the second degree, criminal possession of a controlled substance in the fifth degree, criminal possession of a controlled substance in the seventh degree, unlawful possession of marijuana, and resisting arrest, upon a jury verdict, and imposing sentence.

The court ordered that the judgment is modified, on the law, by vacating the convictions of grand larceny in the fourth degree under count 6 of the indictment, petit larceny under count 8 of the indictment, and criminal possession of a controlled substance in the seventh degree under count 18 of the indictment, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed. The ruling is discussed in the following manner:

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Records reflect that the accused, a lawyer 30 years of age, was indicated on four counts of Grand Larceny, Second Degree, by reason of obtaining money by false pretenses in connection with certain settlements of lawsuits. He pleaded guilty to the one criminal count involved herein.

He now applies for a certificate of reasonable doubt pending his appeal to the Appellate Division of the Supreme Court from a judgment of conviction of the crime of Grand Larceny, Second Degree, more specifically from the sentence imposed, that he ‘be imprisoned in Sing Sing Prison under an indeterminate sentence, the maximum of such imprisonment to be two years and the minimum one year’.

The first question to be disposed of is whether the Appellate Division of the Supreme Court has the power to change, lower, or suspend the criminal sentence in this case. However, at the very outset it is clear, without unnecessary argumentation, that the Appellate Division does have the power to reduce the maximum sentence; in fact, the District Attorney’s brief with commendable candor states that ‘there is no question but that the Appellate Division has the power to reduce the maximum term imposed upon the accused by the County Court’.

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The defendant allegedly made a series of false and fraudulent representations to a Medical Service to the effect that he had rendered certain medical services to a number of patients on various dates. These several representations resulted in the delivery of nine checks, each one amounting to less than $100., but totaling in all $612. The indictment, comprising 19 counts, charges defendant with the crime of Grand larceny in the First Degree in the amount of $612. and in the subsequent 18 counts each check is the subject of a Petit larceny count as well as a violation of § 1202 of the Penal Law, i. e. presenting false proofs of loss in support of a claim upon a policy of insurance.

A Nassau County Criminal Attorney said that Defendant demurs to the sufficiency of the indictment, insisting that the first count of Grand larceny in the First Degree alleges a number of separate larcenies rather than a series of takings or acts of theft constituting a single larceny. These counts of the indictment charging violation of § 1202 of the Penal Law, i. e. presenting false proofs of loss, are challenged as insufficient in form and violative of §§ 275 and 276 of the Code of Criminal Procedure. The indictment is further assailed on the ground that sufficient averment is lacking to confer jurisdiction upon this Court.

The facts of the case provides: ‘The defendant , partly in the County of Nassau and partly in the County of New York, between, on or about May 1, 1956 and on or about December 31, 1956, stole, took and carried from the possession of a certain property, owned by it, having an aggregate value of $612., to wit: nine checks, seven of which were in the respective amounts of $72. each, one in the amount of $60. and one in the amount of $48., with the intent to deprive the owner of said property, and of the use and benefit thereof and to appropriate the same to the use of said defendant.

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According to a Nassau County Criminal Attorney, the Grievance Committee for the Tenth Judicial District filed this motion to strike the respondent’s name from the roll of attorneys and counselors-at-law pursuant to Judiciary Law, due to his felony conviction. On November 1, 2010, the respondent was convicted in the Nassau County Court, Criminal Term, after a jury trial of scheme to defraud in the first degree, grand larceny in the second degree, grand larceny in the third degree, criminal possession of a forgery device, attempted grand larceny in the third degree, forgery in the third degree, criminal possession of a forged instrument in the third degree and criminal impersonation in the second degree.

A Nassau County Grand Larceny Attorney said that, on December 7, 2010, the respondent was sentenced to terms of imprisonment of one to three years for scheme to defraud in the first degree; one to three years for grand larceny in the second degree; one to three years for each of the 11 counts of grand larceny in the third degree; one to three years for each of the 3 counts of criminal possession of a forgery device; one to three years for attempted grand larceny in the third degree; one year for each of the 10 counts of forgery in the third degree; one year for each of the 7 counts of criminal possession of a forged instrument in the third degree; and one year for each of the 2 counts of criminal impersonation in the second degree. As some of the sentences were ordered to run consecutively, and others were ordered to run concurrently, the respondent’s maximum sentence is 10 to 20 years. In addition, he was directed to pay restitution in the sum of $296,750.

According to a Nassau County Criminal Lawyer, the Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) now moves to strike the respondent’s name from the roll of attorneys and counselors-at-law pursuant to Judiciary Law § 90(4)(b) based upon his felony conviction. The respondent opposes the Grievance Committee’s motion as premature in light of his pending appeal of his convictions.

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This is a criminal action where the defendant was charged with Offering a False Instrument for Filing in the First Degree, Attempted Grand larceny in the Third Degree, Grand larceny in the Third Degree and Defrauding the Government. The essence of the charges against the defendant is that he falsely claimed that he was permanently disabled and unable to work as a police officer and that he improperly collected money from Nassau County based upon these claims.

The criminal court has considered the following in reaching its decision: Defendant’s Notice of Motion to dismiss the indictment and supportive papers; Defendant’s Memorandum of Law in Support of Notice of Motion to Dismiss Indictment; People’s Opposition and supportive papers;

Defendant’s Reply and supportive papers and People’s Surreply and supportive papers. The Grand Jury minutes have been reviewed in camera and it is not necessary to release the minutes or any portion thereof to Defendant’s counsel to assist the court in making its determination.

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