People v. G. 2018 NY Slip Op. 02803 April 25, 2018 Decision The defendant appeals from a Queens County Supreme Court decision regarding his conviction of 1st-degree sexual abuse and child endangerment. Upon his guilty plea, there was a resentence of 10 years post-release supervision upon the adjudication of a…
Articles Posted in Sex Crimes
Defendant Seeks to Shorten Probation Sentence
People for the State of New York v. T.W. NY Slip Op. 02210 When T was a minor, she and another man sexually assaulted a 15-year-old girl. She plead guilty to 1st Degree sexual abuse (a Class D Felony). The Supreme Court said that in the interest of justice, her…
Appellant Addresses Denial of Omnibus Motion
Decision The is an appeal by the defendant of a decision that was entered in Dutchess County on 5/27/2015. The defendant was found guilty of 6 counts of a criminal sexual act in the 3d degree, 3d degree sexual abuse, and endangering the welfare of a child. This appeal addresses…
Appellant Challenges Level 1 Sex Offender Designation
By order of the Supreme Court on May 13, 2016, which heard a case against the defendant who is a level 1 sex offender. The case was unanimously affirmed. The question before the court was whether the defendant should be required to register as a level one sex offender due…
New York Court of Appeals Determines if Defendant Was a Stranger to the Victim at the Time of the Crime
The question before the court is whether the people have established through clear and convincing evidence that the defendant was a stranger to the victim at the time of the rape. The answer will determine whether he is a Level 2 sex offender based on the facts, the court says…
Appellate Challenges Opponents for Failure to Place Him in Sex Offender Counseling Program
A man, who is an inmate at the correctional facility, is challenging his opponents about their failure to place him in a sex offender counseling and treatment program. The court then issued an order to show cause, and has received and reviewed the opponent’s answer and return, as well as…
Court Discusses Dismissal of a Count in the Interest of Justice and a Re-trial
The People appealed an order of the Supreme Court after the acceptance of a verdict of guilty to the third count of an indictment, dismissal of the first count after the jury failed to agree and the second was dismissed and never submitted to the jury. The jury returned a…
Appellant Moves to Dismiss Charges Under CPL 170.40
Defendant is charged with violations of Stalking in the Fourth Degree, Harassment in the Second Degree, Harassment in the Second Degree, Aggravated Harassment in the Second Degree, Aggravated Harassment in the Second Degree, Aggravated Harassment in the Second Degree. The incidents that led to these charges concern telephone calls Defendant…
New York Court Reviews Evidence in Lawsuit Against Theatre for Showing Alleged Pornographic Materials
On January 22, 1971, while the Petitioner Amusement Corporation was the operator of a Theatre, it and its theatre manager were charged with criminal information violating the obscenity statute Penal Law. The basis of the charges was the showing of two allegedly obscene sex motion pictures and two allegedly obscene…
NY Appellate Court Discusses Whether Defendant’s Indictment Should be Dismissed
A New York Criminal Lawyer said that, the defendant stands indicted for two counts of sodomy in the third degree, three counts of sodomy in the third degree, and one count of sex abuse in the second degree. The sodomy counts are Class E felonies and the sex abuse count…