The defendant has been charged with two counts of criminal possession of a weapon in the second degree and disorderly conduct. A Mapp-Huntley hearing has been held in this case. The testimony that was offered during the hearing was quite different and the court does not find either testimony to…
Articles Posted in Gun Possession
Defendant Challenges Jury Instructions
The defendant is appealing a judgment made by the County Court of Tompkins County. The judgment found the defendant guilty of the crime of criminal possession of a weapon in the third degree. Case Background A joint investigation by the Ithaca Police Department and the State Police led to the…
Petitioner Granted New Trial Based on Lack of Evidence for Drug Charges
The petitioner was arrested and charged with several serious crimes. Some of the charges included attempted criminal possession of drugs in the first degree, kidnapping in the second degree, criminal possession of a weapon and attempted robbery in the first degree. The petitioner was held without bail and was indicted…
Defendant Appeals Criminal Conviction in NY Appellate Court Alleging Ineffective Counsel
The defendant was charged in Queens County of kidnapping in the first, eight counts, and second degrees; rape in the first degree, two counts; sexual abuse in the first degree, two counts; and criminal possession of a weapon in the second degree. Thereafter, the defendant was convicted, after a jury…
Defendant Appeals Weapon Possession Charges
A Lawyer said that, this is an appeal by the defendant from a judgment of the County Court, Nassau County, rendered April 6, 1987, convicting him of criminal possession of a weapon in the third degree, escape in the second degree and criminal mischief in the fourth degree, upon a…
Judgment of the Supreme Court Convicting the Accused is Reversed
Judgment of the Supreme Court convicting the accused, following a jury trial, of manslaughter and sentencing him to an indeterminate term of imprisonment of from six to eighteen years, is reversed on the law and the matter remanded for a new trial. The accused was indicted for murder in the…
New York Appellate Court Determines Admissibility of Prior Testimony in Robbery Case
On March 9, 2003, a robbery occurred at Maggie’s Restaurant, located at 2643 Jerome Avenue in Bronx County, New York. On March 11, the detective investigating the case got a telephone call from the New York County Parole Office. The Parole Office stated that David X was present. The detective…
New York Supreme Court Decides if Double Jeopardy is Present in Murder Case
M was tried for intentional murder, felony murder, robbery in the first degree and criminal possession of a weapon in the second degree. The robbery charge was dismissed due to lack of evidence. The other counts were then presented to the jury along with an attempted robbery charge, which defense…
Defendant Charged with Robbery and Weapons Possession Moves for Huntley Hearing
R J was charged with one count of first degree robbery and one count of fourth degree weapon possession. The indictment was based on an incident that occurred on September 22, 1979, in which Mr. J allegedly stole money from a bread delivery man. According to the victim’s statement, Mr.…
New York Appellate Court Reverses, Contending Jury Wasn’t Properly Instructed on the Crime of Robbery
On July 28, 1971, E was convicted in the Bronx County Supreme Court of two counts of murder and felony possession of a weapon. The murder convictions were based on allegations that Mr. D, acting in concert with another person, shot and killed Dolores S and Wilfredo H during the…