In this case the Court of Appeals considered whether the lower court rightly relied on the decision in People v Williams, 4 NY3d 535 [2005] as the basis for granting the defendant’s motion to suppress evidence recovered in the vehicle search. In People v. Williams, two officers of the Buffalo…
In this case the Appellate Division considered whether it the Supreme Court appropriately granted the defendant’s motion to dismiss drug and traffic charges based on an arrest by Buffalo Municipal Housing Authority officers. Two officers of the Buffalo Municipal Housing Authority were on patrol in one of that city’s housing…
When it comes to sentencing in a criminal case, a court is not allowed to consider a proceeding in which the defendant was ultimately acquitted or that was otherwise resolved in favor of the defendant. In this case the Court of Appeals considered whether the Appellate Division properly concluded that…
It may seem odd that a defendant would challenge a sentence in a criminal case on the ground that it was too lenient. However, that is exactly what happened in People v Francis. What makes this case even more odd is that the defendant moved to set aside a sentence…
In a drug possession case where the court had to decide whether the defendant’s right to a speedy trial had been violated, the court also examined the distinction between a criminal complaint and an information. On October 23, 2012, the defendant was charged with criminal possession of a controlled substance…
(People v. DA, NY Slip Op 08537) December 13, 2018 In this case, the court weighs the question regarding whether the grand jury can readdress a charge that has been presented to it after it had been dismissed in a prior proceeding. The court held that a charge may not…
DWI in NY: Driving While Intoxicated – VTL 1192.3 Driving While Intoxicated is a dangerous habit among the drivers in the country. It is said that it is not just dangerous; the law likewise punished the drivers who are found to be intoxicated while driving. Driving While Intoxicated is just…
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…
A New York Criminal on July 29, 2009, Anne Graper called Access-A-Ride, a paratransit service in New York, to pick her up the following day and to take her to “Special Surgery Hospital” to visit her daughter who just had a hip surgery. According to Ms. Graper, the driver dropped…
A New York Criminal Lawyer said the statutes of limitations are different for each crime or civil action. It is important to learn what the statute of limitations is that a particular court action covers. However, statutes of limitations are not carved in stone. There are exceptions to the time…