Articles Posted in Criminal Proceedure

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A New York Criminal Lawyer said the grand jury of April 1975 submitted four reports to the court concerning four separate investigations. All four reports were submitted pursuant to provisions of the Criminal Procedure Law and contain proposed recommendations for legislative, executive and administrative action in the public interest based upon stated findings. The Court is now required to determine whether an order shall be made either accepting and filing such reports as public records, or directing that such reports be sealed.

The New York State Constitution provides in part that the power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments or to direct the filing of information in connection with such inquiries, shall never be suspended or impaired by law. While the District Attorney is by statute a legal adviser to the Grand Jury, he may not dominate or control them in the lawful exercise of their primary function of making inquiry.

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A New York Criminal Lawyer said on May 11, 1993, the Court of Appeals of New York heard the case of On May 11, 1993, the Court of Appeals of New York heard the case of three appellants regarding sex crimes. The defendants had been convicted of multiple counts of rape and sodomy in the first degree. The defendants picked the victim up from outside a Manhattan dance club and took her to a Brooklyn apartment where they raped and sodomized her. At trial, defense attempted to introduce evidence that supposedly showed that the woman had previously engaged in group sex.

Defense claimed that the trial court had not applied the rape shield law properly at their trial. The defendants also claimed that they were deprived of their Federal constitutional right to present evidence and confront the witnesses against them. In addition, they claimed that the court did not instruct the jury that acquittal was required if the defendants mistakenly believed that the victim had consented to sexual relations.

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A New York Criminal Lawyer said that on April 4, 2009, the police responded to a call for service at a family home in Nassau County. Upon their arrival, they discovered that the residents of the home, a man and his girlfriend had been engaged in a domestic violence situation. As a result of domestic abuse, the woman was complaining of abdominal pain. She was far along in pregnancy at the time of the altercation. She stated that during the fight, she had been pushed or struck and that the blow had caused her to fall to the floor. She had not been allowed to obtain prenatal care and her complaints were concerning to the officers. An ambulance was called to the scene and the woman was transported to Nassau University Medical Center to receive treatment.

A Nassau Criminal Lawyer said that upon her arrival at the emergency room, doctors were concerned about the woman’s condition but only took brief examinations of her and promptly dismissed her from the hospital. On May 13, 2009, she returned to the emergency room complaining that she was having contractions. She was admitted into the hospital and doctors administered drugs to attempt to delay the delivery of the child. Since, the woman’s membranes had ruptured, doctors administered steroids to attempt to speed up the maturation of the baby’s lungs. The baby was subsequently born on May 13, 2009. At some point during his delivery, he was deprived of oxygen and blood through a compression of his umbilical cord. As a result, he was delivered with a brain injury that will result in his having to be cared for professionally the rest of his life.

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A New York Criminal Lawyer said that, the defendant stands indicted for two counts of sodomy in the third degree, three counts of sodomy in the third degree, and one count of sex abuse in the second degree. The sodomy counts are Class E felonies and the sex abuse count is a Class A misdemeanor. All counts are “statutory” in nature, in that lack of consent is based upon the fact of infancy, of the victim having been 16 years of age at the time of the incidents involving him, the other having been 14 years of age, and lastly, 13 years old.

An Albany Sex Crime Lawyer said that defendant has moved to dismiss the indictment upon the grounds of insufficient legal evidence before the grand jury to corroborate the testimony of the alleged victims as required by Section 130.16 of the Penal Law.

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A New York Criminal Lawyer said that this is a proceeding that transpired in January 2010 wherein the court presided over a jury trial conducted under Article 10 of the Mental Hygiene Law to determine whether respondent currently has a mental abnormality as defined by MHL§10.03(i).

On 13 January 2010, the jury returned a verdict that respondent did not have a mental abnormality.

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When courts deal with witnesses and their testimony, sometimes-unexpected things happen. When they do, it is up to the Supreme Court to determine what testimony can cause a reversal of the verdict and demand a new trial. The Supreme Court has the job of determining matters of law. They are not there to try the cases that are presented to them. They only rule on the matters of law contained within the cases that they get. Their job is to uphold a conviction of a trial court or to overturn it. They cannot find a defendant guilty or not guilty.

In the case at hand, in a pretrial hearing, the state made the defense aware that they intended to produce a witness at trial who through testimony would offer proof of some uncharged crimes that could be attributed to the defendant. The testimony disclosed that the witness to a homicide was working in a restaurant four years after the crime when the defendant came in.

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In January of 2005, a man received two moving violations: one for speeding and one for a New York DWI. Because a New York DWI is a criminal violation, the man was not only ticketed but also arrested and faced criminal charges. There were two officers involved in the interaction with the man: an arresting officer and a law enforcement officer who administered a breathalyzer test to determine his blood alcohol content.

According to evidence presented at a subsequent trial before a judge, the arresting officer testified that the man was driving east on Route 404 in Webster, NY at around 2:03 in the morning on the night of the alleged New York DWI. The arresting officer noticed the man was driving too fast and his radar gun subsequently revealed that the man was driving 55 miles per hour in a 40 MPH zone.

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On April 18, 2007, police responded to a home in Queens, New York. What they found there was a horror. Four bodies were found dead in the home. One was an elderly woman. A second was the companion of the woman. The third was a home health care worker assigned to the woman. The fourth was the twenty year old son of the woman, he had killed himself. Evidence at the scene revealed that he had first killed his mother, then her companion and the home health care worker, and then he had killed himself. The woman was survived by another younger son who had not yet reached the age of consent.

In May of 2008, the surviving son filed a complaint alleging wrongful death in the case of his mother. It also alleged infliction of emotional distress, negligent supervision and gross negligence on behalf of the New York City Police Department. By May 20th the court had denied all of the child’s claims, which were made through his father, on the grounds that the time limit to file such claims had expired. The only remaining claim is that of criminal wrongful death.

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In a classic case of domestic violence, the victim, usually the wife of the perpetrator, is afraid of the consequences when she decides to file a case against her husband and her husband is convicted.

A 35-year old man was charged with the crimes of assault and coercion. According to sources, the charge arises out of an incident that occurred at dawn one July day. The sources said that the husband punched his wife in the ribs causing laceration to her spleen and requiring hospitalization in intensive care and medical treatment. The wife added that her husband took her cell phone and tore the telephone line for her cordless phone off the wall to prevent her from calling 911.

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Children often become the direct victims of domestic violence. Oftentimes, being exposed to domestic violence leads to the child being mentally or emotionally impaired. Oftentimes, in a sad twist of fate, an act of reckless violence results to the death of an innocent child.

In this case, a government agency filed a negligence case against a mother of two minors. The two children were Ravern H., aged 18 months, and Kelly S. Ravern, aged six weeks. The government agency found that the children are neglected children and removed them from the mother’s care for a period of 12 months.

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