New York Criminal Lawyer Blog

A Queens Petit Larceny Lawyer said that, the defendant is charged with one count each of assault in the third degree, petit larceny, criminal possession of stolen property in the fifth degree, criminal possession of a weapon in the fourth degree and harassment in the second degree.

A Queens Criminal Lawyer said that, in the accusatory instrument, the security officer for Conway Department Store, stated that on July 5, 2010, he observed the defendant remove a toy and three pieces of chocolate from the store shelves, place the items into a black plastic bag and leave the store without paying for the merchandise. The security officer also stated that he apprehended the defendant outside the store and recovered the merchandise from defendant’s black plastic bag. He so stated that the defendant did not have permission or authority to take, remove, use, possess, or otherwise exercise control over said merchandise without paying for it. He also stated that as he stopped the defendant, she became upset and grabbed a metal rod striking him on the head causing a cut to his head, bleeding and substantial pain. He also stated that he sought medical treatment at a local hospital and received stitches to his head. Police Officer recovered the metal rod from inside the store.

A Queens Grand Larceny Lawyer said that, at the time of the incident, an eye witness telephoned 911. According to the defendant, the caller stated that a young man was beating up an elderly woman. The defendant maintains this witness’ account of the incident is exculpatory and has requested that the People turn over the caller’s name, address and telephone number. On February 18, 2011, the People gave a copy of the 911 call to the defendant without the identifying information of the caller. At that time, the Honorable Judge directed the People to provide the defendant access to the Brady material, meaning the caller’s contact information. On April 18, 2011, this court directed the People to provide the defendant with the contact information of the witness/telephone caller. At the time of the filing of defendant’s motion, August 17, 2011, the People had not turned over such information to the defendant.

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A man has been charged with grand larceny in the third and fourth degrees, forgery in the second degree, criminal possession of a forged instrument in the second degree and petit larceny. It is also alleged that the man executed forged savings account withdrawal slips on six separate occasions thereby stealing a total of $3,400.00.

By decision, the criminal court found that legally sufficient evidence was presented to sustain each of the offenses charged in the indictment. Yet, the court reserved decision on the man’s motion to dismiss the indictment because of its concern for the integrity of the grand jury process, based upon the possible impropriety of the prosecutor’s legal instructions to the grand jury. More specifically, the court questioned the legality of the prosecutor specifically directing the grand jury to disregard exculpatory testimonial evidence of a non-identification of the man at a line-up, after the prosecutor had unilaterally introduced the evidence through the testimony of an alleged eyewitness.

The alleged eyewitness was the former branch manager of a banking institution in which the subject transactions allegedly occurred. After testifying that there were times that he performed the functions of a teller, he was shown three share withdrawal receipts pertaining to four withdrawal transactions that had occurred. By referring to the listed teller identification number on each of those receipts, the witness testified that he performed the four subject transactions, totaling $2,400.00 in withdrawals from the savings account. The witness was then questioned by the prosecutor about his presence and participation in a lineup at the police precinct.

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The defendant is charged with violating the Penal Law, Menacing in the Second Degree and Disorderly Conduct.

The People seek to introduce, and the defendant seeks to suppress, a written statement given by the defendant to the Port Authority Police. A Huntley hearing was held before Judicial Hearing Officer. The People called three witnesses. The defendant did not call any witnesses. The Court has reviewed the hearing transcript, the criminal court file and memoranda of law submitted by the People and the defendant to the Judicial Hearing Officer. Based upon the foregoing, and the recommended Findings of Fact and Conclusions of Law, this court adopts the Judicial Hearing Officer’s Findings of Fact, but modifies in part the Conclusions of Law, by denying the defendant’s motion to suppress the statement he gave to the Port Authority police.

The testimony adduced at the hearing reveals the charges in this action originate from a traffic dispute that occurred on the morning of August 14, 1997. The two complainants allege that a man followed them off the highway into a parking lot near building 14 at John F. Kennedy International Airport, their place of employment. They further stated that the man proceeded to threaten them while brandishing a handgun. The complainant’s supervisor is alleged to have witnessed the incident.

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An appeal was made by the defendant from a judgment of the Queens County Supreme Court convicting her of forgery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

The trial court, after conducting a Molineux hearing, did not improvidently exercise its discretion in permitting the prosecutor to present at trial evidence of the defendant’s prior conviction of attempted forgery. The conviction was clearly probative of the defendant’s intent to knowingly forge the instruments in this case. Further, the trial court properly weighed the relevant factors of probative value and prejudicial effect in reaching its determination.

Similarly, the trial court did not improvidently exercise its discretion in permitting the People to cross-examine the defendant, in the event that she testified, as to her prior convictions of attempted forgery, petit larceny and attempted petit larceny, as well as the underlying facts of the attempted forgery conviction. A defendant may be cross-examined as to the existence of prior criminal acts where the nature of such conduct or the circumstances in which it occurred, bear logically and reasonably on the issue of credibility. Further, the commission of crimes involving individual dishonesty, such as theft, fraud and forgery demonstrate the defendant’s willingness to place [her] own interests ahead of the interests of society, thereby impacting directly upon the issue of the defendant’s credibility. The mere fact that the prior crime is similar to the crime charged is not a basis for the preclusion of the evidence since a defendant who specializes in one particular type of crime is not shielded from cross-examination thereon. In the present case, it is clear that the defendant’s convictions of crimes involving individual dishonesty were highly probative on the issue of her credibility. Moreover, inasmuch as the trial court carefully weighed the probative value of the evidence against the potential for prejudice to the defendant, we discern no basis for disturbing its compromise ruling.

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A burglary and stealing of a revolver allegedly took place while the owner of the house was away from home while attending her husband’s funeral. The revolver was the only item stolen in the house. A man was arrested subsequently at which time he allegedly stated that he had bought the gun from another person. The possession of the revolver by the man is the only connection between the man and the crimes. Sources revealed that there is no proof that the man ever knew the owner of the gun, or knew that the owner had died, or knew that the person had a gun.

Consequently, the decision convicting the man for the crimes of burglary, larceny and possession of a loaded revolver and burglar’s instruments is affirmed

Another related appeal is also filed by the offender from the decision convicting him of burglary in the second degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

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