In People v. Allen, the defendant challenged the constitutionality of requiring sex offenders to report changes of address has come under scrutiny. The case in question revolves around Correction Law § 168–f(3), a provision of the Sex Offender Registration Act (SORA) in New York. At the heart of the matter…
People v. Beauharnois involves allegations of sexual abuse against a child. Cases involving offenses against children invoke a distinct set of legal considerations. New York State has enacted stringent laws designed to safeguard the welfare of its youngest citizens. These laws dictate that crimes against children carry graver consequences, leading…
In a criminal case, the document that the prosecutor presents to charge the accused must be legally sufficient. The legal sufficiency of an accusatory instrument involves two key criteria. First, the allegations must provide reasonable cause to believe that the defendant committed the offense. Second, non-hearsay allegations must establish, if…
People v. Boyd revolves around a conviction that hinges on multiple factors, including the age of the victim, the nature of the crime, and the credibility of witnesses. This case, which was appealed to the New York Appellate Division, raises questions about the sufficiency of evidence, the application of lesser-included…
Prostitution, as defined under New York law in Penal Law section 230.00, is the exchange of sexual services for money or any other form of compensation. Generally when people are charged with prostitution, it is a misdemeanor, resulting in a fine and little if any jail time. However, it is…
Facial insufficiency in New York criminal law refers to a legal challenge asserting that the initial allegations in a complaint or accusatory instrument lack sufficient factual basis to support the charges brought against the defendant, potentially leading to a dismissal of the case if successful. In People v. Soto, the…
In the world of criminal law, precision and clarity are paramount, for they often serve as the linchpin upon which cases are built. Our journey today takes us into the heart of a gripping legal case: People v. Powell, a 2008 ruling by the New York Criminal Court that centers…
Sex offender registration laws aim to enhance public safety by monitoring convicted sex offenders. However, their application often raises complex constitutional questions. One such case that has come under scrutiny is People v. Cassano, which revolves around the constitutionality of requiring individuals to register as sex offenders. In this blog…
In United States v. Oneal, the Court of Appeals for the Second Circuit examined whether a defendant who pled guilty to conspiracy to commit Hobbs Act robbery was property sentenced under the federal guidelines. Pursuant to 18 U.S.C. § 1951, the Hobbs Act prohibits obstructing commerce by means of robbery…
In this case the Court of Appeals considered whether the lower court rightly relied on the decision in People v Williams, 4 NY3d 535 [2005] as the basis for granting the defendant’s motion to suppress evidence recovered in the vehicle search. In People v. Williams, two officers of the Buffalo…