Articles Posted in New York City

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A New York Criminal Lawyer said this is a proceeding wherein the defendant who pleads guilty to Rape in the Third Degree under Penal Law § 130.25 by way of an Alford-Serrano 2 plea, notwithstanding his claims of innocence, is convicted of a felony. As a result, he is subject to the collateral consequences of that conviction to include being classified under the Sex Offender Registration Act and being subject to take an HIV test upon the request of the victim.

In 2004, the defendant was indicted in a twenty-eight count indictment charging that he engaged in sexual relations with his 15 year old daughter, during a three month period.

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A New York Criminal Lawyer said the conduct which resulted in the defendant’s designation as a level two sex offender started in early February 2005, when he began communicating over the Internet with an undercover police officer posing as a 14–year–old girl. Using a webcam, the defendant transmitted images of himself masturbating and arranged to meet both this fictitious girl and her supposed 12–year–old friend in New Jersey to engage in sexual activity.

A New York Sex crimes attorney said that the defendant was arrested when he arrived at the designated meeting place, and he subsequently pleaded guilty to interstate travel with intent to engage in illicit sexual conduct with a person under 18 years of age in violation of 18 USC § 2423(b). After the defendant completed his term of imprisonment, the New York State Board of Examiners of Sex Offenders (hereinafter the Board) evaluated him for registration as a sex offender by preparing a risk assessment instrument. The risk assessment instrument assigned the defendant a total of 60 points under risk factors 3 (number of victims), 5 (age of victims), and 7 (relationship with the victims).

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On January 15, 1993 a man and a woman were married in a civil ceremony in Albania. Several years ago, they moved to Brooklyn, New York. In 2005, the parents and their five children went to visit their family in Albania. The wife is a stay at home mother who does not speak English. The husband is a businessman of questionable veracity. He has reported his income in three different places, three different ways. He has obviously grossly under estimated his income each time. When the husband left Albania to return to the US, he left his wife and children with his parents.

Two years later, his wife took the youngest child and went to her parent’s house. Before long, they discovered that because the children are American citizens that they would have to get divorced in Brooklyn. Eventually, the entire family made their way back to the US. The father and the oldest child live in the marital home, an apartment in Brooklyn. The mother and the four youngest children reside in a shelter.

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Not all robbery cases are straightforwardly easy to judge. It can be as intricate as any other sensitive cases such as that of the sex crimes according to one expert who has been handling severe cases of robbery since the seventies. A good example of this to let you understand it all the more is the case of Larry Fay. It was considered to be a weak case with the defendant insisting that the gun found in their car was actually planted by the police and this then would cancel the conviction of robbery placed upon them.

Such convinced the trial court to admit what the accused was fighting for and investigate more on what made the police stop them. According to a source, the first one that was called to serve as first witness was Office Sheehan. He said that they were called through police radio about a robbery that happened at around 4:30am on December 3, 1978. There was not any picture of the robbers given considering that the alleged crime has just transpired and that everyone is after the profile of two people who ran away on a car after committing the crime.

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In late 2002 and 2003, Phillip Riback, a pediatric neurologist, was charged with two indictments, later consolidated, with 39 criminal counts alleging that he had sexual contact with numerous male patients during medical examinations between 1997 and 2002. The witness said that after pretrial proceedings in which some counts were dismissed, Phillip Riback went to trial on 30 counts. He was ultimately convicted of 28 counts, 12 felonies and 16 misdemeanors.

A confident who followed the case, said that the convictions stem from the testimony of 14 boys, none of whom knew one another (except two were brothers), whose families consulted defendants for their sons’ various neurological problems. The boys described a variety of conduct that occurred for the most part after their parents complied with Riback’s request that they leave the boys alone with him in the examining room, at which time defendant encouraged them to play a “controlled spitting” game with him, tickled, hugged or kissed them or play-wrestled with them, pushed his erect penis against their bodies, held them upside down by their ankles or had the boys sit or lay on him, during which time Riback’s hands or face came into contact with the boys’ genitals, mostly over clothing (several described defendant’s direct –underneath clothing- contact with their penis), or the boys’ faces were pushed to Riback’s genital area over clothing. The lawyer said that all of the contact occurred in the subterfuge of a medical exam by Riback, often accompanied by warnings not to tell anyone.

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A jury convicted David L. Perkins of numerous crimes arising out of his conduct in providing alcohol to and engaging in sex acts with his daughter’s teenage friends. County Court had imposed the maximum sentence, an entire sum of 36 years in prison.

According to a reporter, Perkins asserted that there was legally insufficient evidence to convict him of sexual abuse because the court had failed to establish that the victim was physically helpless but the court asserted that the victim’s testimony that she blacked out and “was so drunk that she didn’t know what was going on,” was sufficient to establish the presence of physical helplessness.

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