Articles Posted in Criminal Proceedure

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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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A government agency filed a complaint against a couple for negligence towards their three children. Sources found that the parents impaired or placed their children in the danger of being mentally or emotionally impaired as a result of the children’s exposure to domestic violence. The parents were found to have continuously engaged in domestic violence against each other in the presence of their children over the 10-year period of their marriage.

Friends, neighbors and police officers testified that the parents kick, beat and shout obscenities at each other in front of the children. Following several of these abusive incidents, caseworkers were called in to assist the children. The caseworkers testified to the fear and distress the children were experiencing as a result of their exposure to these altercations.

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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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Courts, judges, and juries decide cases based on what the law says. But what if the law seems to be saying two different things? And what if the law in two states are different? Which one should be followed? An expert discusses a most interesting case that answers these two questions.

Malik Y or Yusuf M was convicted of Criminal Possession of a Controlled Substance in the Third Degree, Criminal Possession of a Controlled Substance in the Fourth Degree, and Criminally Using Drug Paraphernalia in the Second Degree.

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A New York Man, Bennie H, found himself facing additional charges following his arrest for possession and sale of a controlled substance in 2004. It seems that he had been arrested in North Carolina previously for robbery. The previous conviction made his current charges considerably more serious because under New York law, the previous felony conviction increased the seriousness of his current charges. Mr. H’s potential jail sentence had been increased on both of his charges. Mr. H decided to fight the increased sentencing by requesting that the courts evaluate the use of the North Carolina robbery conviction.

Mr. H argued that since the laws were substantially different between New York and North Carolina that the conviction for robbery in North Carolina did not meet the elements of the crime in New York. If this was the case, then Mr. H did not have a previous felony charge and the increased seriousness of the current charges against him would be invalid.

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