Articles Posted in Suffolk County

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An appeal by defendant from a judgment of the County Court, Nassau County, rendered May 24, 1977, convicting him of manslaughter in the first degree and robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress statements.

Judgment reversed, on the law, motion granted, plea vacated, and case remitted to the County Court for further proceedings consistent herewith.

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An offender, indicted for the crimes of grand larceny in the second degree (six counts), grand larceny in the third degree (three counts), petit larceny (one count), criminal tampering in the second degree (five counts), and theft of services (five counts), brings this omnibus motion to (1) inspect the grand jury minutes and dismiss the indictment due to insufficient evidence before the grand jury; (2) to dismiss specific counts in the indictment because they are duplications of and inconsistent with other counts and (3) to dismiss the theft of services counts on the ground that the presumption created by section 165.15 of the Penal Law is unconstitutional.

The counts charged in the indictment arise out of the theft of approximately 3,391,000 cubic feet of gas from a Union Gas Company. The theft of gas was accomplished through bypasses, pieces of pipe attached to the gas company’s lines, which allow one who is not a gas customer to obtain gas by tapping gas company lines and receiving free service.

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Sources show that, by stipulation, both cases were tried together, with separate judgments to be entered in each. In the first titled information, the offenders were charged with (a) criminally buying and receiving stolen property, consisting of 4 cases of handkerchiefs valued at $68.40; (b) criminally concealing and withholding the said property; and (c) petit larceny involving those handkerchiefs. In the second titled information, the offenders were charged with petit larceny, in that they stole 20 cases of handkerchiefs from their employer, valued at not more than $100.00.

At the trial, the People, called the fourth offender as their witness. After he was warned by the Court of his Constitutional rights, and with his attorney standing by his side, he testified that he and another man was employed as shipping clerks by Handkerchief Company; that the other offender, a truck man employed by Trucking Company, who had been calling at their employer’s place of business to pick up packages, approached him, and in the presence of the other employee propositioned him to enter into a ‘handkerchief deal’ with him, suggesting that a person will get for him cartons of handkerchiefs (which presumably stolen from his employer) and that he would pay him $20.00 per carton for them. They all agreed to join him in this ‘deal’, with the $20.00 per carton to be divided between them.

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A New York Criminal Lawyer said that the defendant was initially charged with two counts of Unlawful Receipt of Fare for Providing Access to Transit Authority Facilities, a violation, one count of Criminal Mischief in the Fourth Degree, one count of Criminal Tampering in the Second Degree, two counts of Petit larceny, two counts of Theft of Services, thirteen counts of Criminal Possession of a Forged Instrument in the Third Degree, and two counts of Obstructing Governmental Administration in the Second Degree, all Class A misdemeanors.

By motion, Defendant seeks the dismissal of all charges contained in the Criminal Court Complaint pursuant to CPL Sec. 100.40 and 170.35, asserting that the People’s initial complaint was facially insufficient. In response to Defendant’s motion to dismiss, the People filed their Affirmation in Opposition dated September 13, 2005, as well as a Superceding Complaint, signed and dated September 12, 2005, which reiterated all of the charges stated above.

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A New York Criminal Lawyer said that, the defendant has been charged with two counts of Murder in the Second Degree and one count of Tampering with Evidence. On January 21, 1997, the defendant was arraigned upon the indictment and pled not guilty, and a bail application was denied. The defendant was remanded with no bail. The defendant filed a writ of habeas corpus with the Appellate Division, Second Department, to fix bail upon the indictment. On February 7, 1997, the Appellate Division, Second Department, sustained the writ ” to the extent of fixing bail on Nassau County in the sum of $750,000, which may be posted in the form of an insurance company bail bond in that sum or by depositing the same sum as a cash bail alternative, on the condition that the defendant surrender his passport to the Clerk of the County Court, Nassau County, contemporaneously with the filing of the bond or the deposit of the cash bail alternative, and the writ is otherwise dismissed”.

On February 11, 1997, the People served an order to show cause upon the defendant to show cause why an order should not be made “1. Ordering that a sufficiency hearing be held pursuant to section 520.30 of the Criminal Procedure Law, in the event of a bail bond, before a bail bond is signed by the court or, in the event of cash bail, before cash bail is accepted for the defendant; 2. Ordering that the defendant, VINCENZO PULLARA, remain in the custody of the Sheriff of Nassau County until this court issues an order either approving or disapproving the bail.”

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A New York Criminal Lawyer said the plaintiff and defendant were married in 1988 and have two children together. In January 1998, defendant commenced an action, assigned index number 98-732. for a judgment of divorce on the ground of cruel and inhuman treatment. In July 1998, a misdemeanor complaint charging harassment was filed against plaintiff. The harassment charge arose out of an alleged incident between the parties at the former marital home. In November 1999, the Suffolk County District Court issued an order of protection directing that plaintiff stay away from defendant, and that he refrain from assaulting, harassing or any committing other criminal offense against defendant. That same month, the District Court granted plaintiff an adjournment in contemplation of dismissal on the misdemeanor complaint.

Sub sequently, in February 2000, plaintiff was arrested for violating the order of protection. An indictment was handed up by the Grand Jury charging plaintiff with two counts of criminal contempt in the first degree. One count of the indictment alleged that plaintiff violated the order of protection by making repeated telephone calls to defendant with the intent of harassing, annoying, threatening or alarming her. The second count alleged that plaintiff, with the intent of placing defendant in reasonable fear of death or serious physical injury, told defendant that he had put out a hit on her. Following a bench trial, the Suffolk County Court rendered a verdict acquitting plaintiff of both charges on the grounds that defendant’s trial testimony regarding the alleged death threat was not credible, and that the People failed to show that the phone calls at issue were made without legitimate purpose of communication. Thereafter, plaintiff brought the instant action to recover damages for malicious prosecution.

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A New York Criminal Lawyer said that the defendant, a cook at the Nassau County Jail, has been indicted for allegedly selling liquor and marijuana, and agreeing to sell heroin to an inmate at the jail. The indictment contains 14 counts charging the defendant with Bribe Receiving, Receiving a Reward for Official Misconduct, Official Misconduct, Promoting Prison Contraband in the First and Second Degree, Criminally Selling a Dangerous Drug in the Third Degree, and Criminal Possession of a Dangerous Drug in the Fourth Degree.aa

A New York Criminal Lawyer said this indictment was the result of an undercover investigation into the activities of the officers and employees of the County Jail. That investigation also caused the grand jury to hand up 24 additional indictments charging other prison employees with criminal transactions of a similar nature. Prior to the trial in this case one of these indictments was disposed of by plea. The remaining indictments have not yet gone to trial.

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A New York Criminal Lawyer said that the records reflect that the accused allegedly committed the criminal acts charged, and a warrant for his arrest was issued. He was incarcerated in a State Prison, in a different jurisdiction, as a probation violator, he having been previously convicted of burglary and given a suspended sentence. A detainer warrant was filed by the County District Attorney with the authorities at the State Prison, but no effort was made to obtain his presence in New York. Five years later, an indictment alleging two counts of forgery in the second degree and one count of petit larceny, was handed down by the County Grand Jury. Some time, the County Police Department was notified by the authorities that he would be released the following month. Later, the accused, after first refusing to do so, waived extradition and was returned to New York.

A New York Burglary Lawyer said he moved under sections 667 and 668 of the Code of Criminal Procedure in the County Court to dismiss the indictment. The motion was granted under section 668 in an opinion, but on appeal the Appellate Division, Second Department unanimously reversed the County Court. He appeals from an order of the Appellate Division reversing an order of the County Court dismissing a criminal action for lack of prosecution.

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A New York Criminal Lawyer said that, in our opinion, the testimony of the assistant district attorney who interrogated defendant at the station house after his arrest, presenting the full account of his conversation with defendant, was properly received in evidence and is not analogous to those cases in which a prosecutor in summation makes himself an unsworn witness for the People and places his own veracity and position in the balance against the defendants. We have examined the other contentions made by defendant and find them to be without merit.

A New York Criminal Lawyer said that, defendant was convicted of rape in the first degree, sodomy in the first degree, and two counts of assault in the second degree. These crimes were alleged to have been committed between 6:10 P.M. and 6:30 P.M. on the evening of April 26, 1967, when defendant supposedly accosted the victim in a church in Merrick, Long Island. Defendant attempted to prove that it was physically impossible for him to have been in the church at the time in question because he was at an animal home between 6:00 P.M. and 6:15 P.M. and could not have traveled the four miles to the church, committed the crimes and fled, all within a time period of approximately 15 minutes. At least three disinterested witnesses testified that they had observed defendant at the animal home between 6:00 P.M. and 6:10 P.M.

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