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The issue in this proceeding is whether a claim for innocence lies under CPL 440.10(1)(h) to vacate a judgment of conviction based on the defendant’s guilty plea. The court felt that the defendant’s pleas of innocence is not adequate grounds for relief.

The defendant is a nurse who was a caregiver for the victim. The victim is a disabled 10-year-old girl, who is blind, immobile and unable to speak. The defendant bathed the girl using a hand-held shower device. When she applied lotion to the girl’s legs after a shower, she noticed her skin was red and peeling.

The defendant called the girls parents who took her to the doctor. The doctor initially determined that that the victim had had an adverse reaction to medication. She was then referred to a hospital. At the second medical facility, it was determined that her condition was due to third-degree burns, which required skin grafts.

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2018 Slip Op 00855

This case was an appeal from the Supreme Court, where the defendant was categorized as a Level Two sex offender.

The defendant had originally pleaded guilty for the use of a child in a sexual performance (violation of Penal Law 263.05). Before being released from prison the Supreme Court held a SORA hearing. After the hearing, the court gave the defendant 20 points for risk factor 13, which established him as a Level Two sex offender.

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A defendant was indicted for multiple counts of handgun possession and a single count of possession of weapons with intent to sell, the defendant, waived a jury and the case was tried by the court. Decision was reserved pending submission of briefs. This is the decision and its reasoning. The case could have been tried on an agreed statement of facts; the only issue for the court to decide and upon which my decision turns is the defendant’s state of mind during the time he purchased and stored the handguns.

A Kings Estate Lawyer said that, on April 15, 1985, pursuant to a search warrant, officers of the New York City Police Department searched the defendant’s room in a YMCA and recovered 14 handguns and a quantity of ammunition. The defendant had been employed as a cab driver and hoped to open a sporting goods store; the weapons had been purchased as stock for the yet to be opened store. The police learned of his cache through his procurement of the necessary federal licenses to make the initial wholesale purchases.

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A defendant appealed from three judgments of the Criminal Court. Each judgment convicted the offender involved, upon his plea of guilty, of petit larceny. On appeal, the court ordered that the judgments of conviction are reversed, on the law, the guilty pleas entered are vacated, and the matters are remitted to the Criminal Court for further proceedings on each of the accusatory instruments.

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A New York Criminal Lawyer said 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 New York 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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Thus, in one case, which was factually quite similar to this case, the officer saw “a heavy object slide against the material in the right pocket” of defendant’s long outer coat. The officer tapped the pocket and “on feeling a hard object, reached into the pocket and removed a .22 calibre six-inch revolver with six rounds of live ammunition.” Suppression was directed because defendant “had done nothing wrong” before the officer reached into defendant’s pocket and because the officer could not tell “what the heavy object appeared to be by looking at the pocket”. Nothing in “defendant’s standing behind the pimp, in his nervousness or his slouched stature, or the fact that he had his hands in his coat pockets and removed them very slowly when requested to do so, or that a heavy object slid against the material of defendant’s pocket can be said to be reasonably referable to or indicative of the presence of a revolver.”

The officer here initially testified that all he wanted was a reasonable answer to his query about the bulky and weighty object in defendant’s pocket, and defendant then would have been free to go “on his way without my ever touching his pocket.” He later added that to satisfy his own curiosity he probably still would have touched the pocket if defendant had not shown him its contents. Such a touch would have been an unwarranted intrusion. The fact that defendant’s “‘pocket was hanging’, ‘like something heavy was in it’ ” was held insufficient as a basis for a frisk or search for a revolver in. On the facts here, it is plain there was no lawful predicate for the search.

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This is a case involving a Hispanic criminal defendant who was stopped and taken into custody by police officers for DWI. The defendant evaded a toll booth in a “cash only” lane without paying the required toll. The defendant was brought to the police department and was shown a video in the Spanish language explaining the process of taking breath tests. Having understood the same, the defendant complied and allowed the police officers to take his breath test. However, defendant asserted that he was not offered the opportunity to perform the standard coordination test.

During the trial, the defendant argued that his constitutional rights were violated when the police officers took his breath test but did not allow him to take the standard coordination test for the reason that he, allegedly, do not understand English. Defendant filed a motion to dismiss and several other motions which include a motion to suppress the videotape of the administration of the breath test and to set aside the verdict ad dismiss the charges on the ground that defendant’s federal constitutional rights were violated. The People filed an opposition to the said motions.

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The convictions in this criminal case come from a storefront operation that was conducted by undercover agents that work for the State Police and the Attorney General’s office. The operation was set up as a way to buy stolen property and guns. The principal operator of the store was an investigator for the Organized Crime Unit of the Attorney General’s office.

During the operation, the investigator met with a man and asked if he knew of any handguns that he could purchase. Thereafter, the investigator met with the man and the defendant several times and was unsuccessful in purchasing a handgun for $400 from someone that was only known as “the kid.”

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The defendant is a New York State Assemblyman and a chairman of the Executive Committee of the Kings County Democratic Party (KCDC). As an Assemblyman he routinely traveled from Brooklyn to Albany and back on New York State Assembly business, and as chairman of the KCDC, he was provided with a car and a credit card by which the KCDC paid all of his car-related expenses, including gas, oil and routine maintenance. Thus, the defendant submitted vouchers by which he sought and received a mileage allowance for the miles he had driven to and from Albany.

The defendant was later indicted by the grand jury of Kings County and charged with one count of grand larceny in the third degree (Penal Law § 155.35) and 76 counts of offering a false instrument for filing in the first degree (Penal Law § 175.35).

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