In People v. Tucker, the Appellate Division considered whether there had been sufficient evidence to prove that the defendant had assaulted a police officer in order to prevent him from performing his lawful duty. In the early morning hours, three police officers responded to a 911 call, but the caller…
Articles Posted in Assault
Controlled Substance Conviction Thrown Out Due to Illegal Search – People v Ortiz (David) 2019 NY Slip Op 29095
In a possession of a controlled substance case, the court considered whether the police officers properly stopped and arrested the defendant for disorderly conduct. When the officers stopped the defendant, they found cocaine on his person, leading to a charge of possession of a controlled substance in the seventh degree.…
New York Appellate Court Reverses Decision and Orders New Trial Regarding Use of Justification Defense
(People v. A., NY Slip Op 00894) This is an appeal from a Supreme Court decision dated 8/26/15, convicting the defendant of assault in the first degree. The court ordered that the judgment be reversed and a new trial is ordered. The defendant attacked his roommate, slashed his neck, and…
Defendant’s Probation was Revoked, New York Appellate Court Weighs In
Two cases were brought before the court for resolution. On the first case: On 15 May 2008, an amended criminal judgment was rendered by the Supreme Court of Queens County revoking the sentence of probation previously imposed by the same court on defendant upon a finding that he had violated…
The defendant was arrested and subsequently arraigned
The defendant was arrested and subsequently arraigned on a charge of assault in the third degree in violation of Penal Law § 120.00 (1). The People moved in line for a ruling allowing them to call an expert witness on domestic violence to testify on their direct case regarding the…
NY Court Asked to Determine Necessity for Release of Confidential Documents
The Kings County Court on July 22, 1958, was called upon to evaluate two separate cases that involved requests for specific information from protected patient records in a hospital. The court was asked to determine if the cases warranted the release of the medical records, or if the cases were…
New York Court Discusses Waiver of Doctor Patient Privledge
In 1958, a man was involved in a vicious fight with another man. It ended with the assailant pummeling the second man to the point where he was hospitalized. Some days following his admittance into the hospital, the man victim died. The assailant was charged with homicide for the death…
Defendants Move to Dismiss Indictments Based on Lack of Jurisdiction
In May of 2001, the defendant allegedly assaulted a woman because she had helped police with a drug investigation that involved the defendant’s brother. The investigation was multicounty in the scope and revealed a distribution network that implicated the defendant’s brother. The Attorney General’s Organized Crime Task Force appointed a…
Defendant Files Appeal with NY Appellate Court Based on Alleged Hearsay Violations
On the night of October 3, 2004, a New York woman was approached by her roommate. He told her that he had gone in to her purse and taken five dollars, but that he had later returned it. She became upset. They had been lovers in the past and when…
Defendant Appeals Decision Denying Petition to Relocate
This is a case between a mother and father of a certain family who went to court for a child custody case of their three children. The mother won the custody and appealed to transfer the children to Pennsylvania. Both parties are the parents of the children, with ages 10,…