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Published on: June 10, 2012

New York Court Says Landlord May Not Evict Tenant for Being a Domestic Violence Victim

by Stephen Bilkis

A 30-year old female tenant was served a notice of termination by her landlord because she engaged in illegal and violent behavior during domestic disputes. The tenant is under a federal-government-assisted Section 8 tenancy. According to sources, the tenant stabbed her partner in one of numerous disturbances she created in and around the building. The tenant did not deny stabbing her partner but she said it was only in defense of herself because her partner engaged in domestic violence against her.

According to the federal Violence Against Women and Department of Justice Reauthorization Act of 2005, an incident of domestic violence or criminal activity relating to domestic violence will not be construed to violate a public-housing or government-assisted lease and will not be good cause to terminate a public-housing or government-assisted tenancy, like a Section 8 tenancy, if the tenant is the victim or threatened victim of that domestic violence. VAWA’s goal is to prevent a landlord from penalizing a tenant for being a victim of domestic violence.

Published on: June 9, 2012

New York Supreme Court Upholds Drug Conviction

by Stephen Bilkis

On October 11, 2007 an undercover detective from the Broome County Sheriff’s Office in New York was advised by a confidential informant that a man who went by the street name of “Ace” was selling cocaine. He provided the detective with a cell phone number of the man. The detective called the cell phone and made arrangements to meet with “Ace” for the purpose of buying some cocaine.

After getting off of the phone, the officer looked up all of the known drug dealers in the area that used the street name, “Ace.” There were three persons who were using that name. The detective went to the location that was agreed upon and “Ace” approached the passenger side of his car. He leaned in and exchanged a small “knotted wrap” baggy of cocaine for $50 cash from the detective. They had a short conversation and the dealer left. The drugs tested positive for cocaine.

Published on: June 8, 2012

New York Courts Decide if New Drug Law Should be Applied Retroactively in Defendant’s Case

by Stephen Bilkis

A 33-year old man was indicted by a jury and charged with marijuana possession. Court records showed that the defendant was a second felony offender but not a violent offender. During the course of plea negotiations, the defendant was offered by the State a plea to a B felony in satisfaction of the indictment with a minimum sentence of four and a half years to nine years in state prison. Prior to defendant’s plea, the New York State Legislature passed the Drug Law Reform Act, which was signed into law in 2004.

The People took the plea with a minimum sentence but the sole issue in contention is, what is the minimum state prison sentence now allowed by law given the passage of the new law.

Published on: June 6, 2012

New York Court Decides Grandparent Visitation Rights in Light of Child Abuse Allegations

by Stephen Bilkis

In November of 1996, a father of a little girl was arrested and taken in to custody. The facts of this case once known exposed a level of domestic violence that was abhorrent. The man was arrested for assaulting the mother of his child. While they were married at the time of the abuse, the mother has since divorced him. He is serving ten years in Elmira Prison for the assaults on his family.

While they were married, the man repeatedly beat his wife causing her to at one time or another have her nose broken twice, her ankle broken, and two of her ribs broken. Her head had visible bald areas where he would pull her hair out. Additionally, he would keep her handcuffed in the floor of the bathroom all day. She was only released to take their child to the school bus, or to eat with her captor. She was once released to attend his father’s wake. When she arrived with two black eyes, missing hair and bruises on her face, her mother-in-law told her to put on a hat and sunglasses so that no one would ask any questions. She stated that on the day of the arrest, she was in the car with her husband and his mother, he had become angry with her and punched her in the face causing her blood to “splatter” the inside of the car. He was agitated and threatened to kill her and her father. When he stopped to get gas, she jumped from the car and ran screaming for help. The police arrived and he was arrested, convicted and sentenced to prison. His mother now claims a right to see the grandchild.

Published on: June 5, 2012

New York Appellate Court Discusses Corroboration Requirement in Sex Crimes Case

by Stephen Bilkis

Brian F was charged with and convicted of multiple counts of sodomy, sexual abuse and endangering the welfare of a child. His criminal defense attorney challenged his conviction with the New York Court of Appeals, on the grounds that the testimony of his victims was insufficient to prove his guilt in connection with the sex crimes.

Specifically, Mr. F argued that the testimony did not meet the corroboration requirement as set forth under New York law. Section 60.22 of the CPL and Section 130.16 of the Penal Law preclude a conviction for sex crimes based solely on the uncorroborated testimony of an accomplice or victim.

Published on: June 3, 2012

New York Courts Discuss Robbery Charge Where Weapon Used Wasn’t Real

by Stephen Bilkis

Every day the cases of robbery can be deemed as numerous. In fact, every rep does not run out of such cases to handle for legal proceedings. According to the Penal Law, any individual can be considered guilty of robbery if he steals the property not his own with force. Also it involves the possible display of what seems to be a threatening tool like a pistol or any other kind of firearm. But did you know that even if you do not hold an actual gun and yet you somehow impose that you have one just to carry out your robbery plan can still convict you of the crime?

This is what was discovered with the case of Vincent K as researched by a New York grand larceny lawyer. Vincent admitted that he stole US money, jewelry, a wallet and subway tokens from Henry L last October 14, 1978. He stated in his testimony that to convince the victim to give him what he wants from him, he inserted his hand inside his pocket making it appear that he has a gun ready. But the truth of the matter is that he was actually unarmed. With the trial court ready to hear the plea, they are to decide whether the crime of robbery committed is in the second degree.

Published on: June 2, 2012

Can a Person Be Convicted of a Crime Where They Weren’t Present? New York Courts Decide

by Stephen Bilkis

There are so many different ways a crime can be committed. One of these crimes wherein different “artistic” means can be done in order to succeed in their intention is robbery. It is almost a daily occurrence in some parts of the country and the world as well. That is why the United States court of law is ever determined to make the law applicable to everyone and every possible case there is.

This is what supposed to be a “common” bank robbery. According to a Lawyer, the defendant went to a branch of Manufacturers Hanover Bank at the intersection of Jamaica Avenue and Hollis Court Boulevard in Queens County teller at around 1:30 in the afternoon on July 3, 1981. In fact it is very important to note that the teller was the only witness of this particular robbery.

Published on: June 1, 2012

New York Court Discusses Legal Definition of an Accomplice to Robbery

by Stephen Bilkis

It is common to find that in most robbery cases, it involves the role of an accomplice. This is especially noticeable when it comes to bank robberies and other major establishments compared to the petty 1:1 theft. So how far or how intense would be the involvement and punishment of the accomplice in robbery cases? You can get to know more about it with this case of Stanley Hedgeman which was handled by a competent lawyer.

According to credible source, the accomplice is defined as the one who usually drives the getaway car and is not present at the actual scene of the crime. Instead, he is situated from a short distance to give immediate assistance to the robber. He is defined as someone not actually present but is considered to be an aggravating force to the entire crime. What is being questioned in this case is whether the placement of Hedgeman’s car near the scene of the crime is just circumstantial or it proves that he is truly an accomplice of the actual robber. What makes the investigation a lot more solid is because of the bank teller who served as witness according to a policeman.

Published on: May 31, 2012

Can One Be Convicted of Robbery Where There Was No Weapon? New York Court Decides

by Stephen Bilkis

One of the most common robbery crimes is robbing a bank. It is logically so because it is suppose to be where the money is. That is why banks are equipped with alarm system. Some are pretty high technology and some are about standard; just enough to inform the authorities that there is an actual robbery taking place.

This particular case according to an expert is a bank robbery that took place one late afternoon of May 22, 2008. The defendant, John G went inside the Staten Island Bank. He then approached one of the tellers assigned that afternoon and handed her a small note. The note was written on a deposit slip read “I have a gun, Fill the bag. Don’t say anything or I’ll shoot.” The note did not actually indicated any amount so the teller went immediately complied and returned giving G a total of $1,810 which she diligently placed inside the bag that he handed to her.

Published on: May 30, 2012

New York Appellate Court Decides if Consecutive Sentencing is Appropriate

by Stephen Bilkis

On the night of December 24th, 1992, Martin B and Kevin D entered the parking lot of a hotel in Queens to make a payroll delivery. Both B and D were off-duty police officers who were moonlighting for the Mount Vernon Money Center. After parking their vehicle, B walked to the security booth while D stayed behind to unload the money bags. A grey sedan appeared without warning and came to a stop behind B and D’s vehicle. A man got out of the car and with what appeared to be an automatic weapon, forced the two men to lie face down on the ground. Several more armed men then exited the sedan.

At some point, B, who was lying on the pavement, began to move towards the security booth. He was shot multiple times in the back. B attempted to fire back at his assailants but lost his weapon. He was able to make it inside the hotel, where he subsequently collapsed. The gunmen took D’s weapon from his waistband and proceeded to ransack the vehicle. The armed men then got into their car and drove away from the hotel. D then found that the payroll delivery and both his and B’s weapons were missing.