A New York Criminal Lawyer said that this is a proceeding that transpired in January 2010 wherein the court presided over a jury trial conducted under Article 10 of the Mental Hygiene Law to determine whether respondent currently has a mental abnormality as defined by MHL§10.03(i). On 13 January 2010,…
Articles Posted in Sex Crimes
Defendant Appeals Order of Disposition Regarding Alleged Probation Violation
A Lawyer said that, in a juvenile delinquency proceeding pursuant to Family Court Act article 3, defendant appealed the order of disposition of the Family Court, Queens County, dated February 10, 2005, which, upon a fact-finding order of the same court dated November 22, 2004, made after a hearing, finding…
Defendant Files Appeal Requesting to Withdraw Plea in Criminal Case
In this criminal case, the defendant appealed from (1) a judgment of the Supreme Court, Queens County, rendered July 24, 1995, convicting him of attempted rape in the first degree and rape in the second degree, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of…
Court Rules on Juvenile Delinquency Hearing Regarding Rape Charges
This is a juvenile delinquency petition filed by the respondent who has committed acts which, if he were an adult, would have been categorized as attempted rape in the first degree, sexual abuse in the first and third degrees, rape in the third degree, forcible touching and sexual misconduct. This…
Defendant Files Appeal Challenging Evidence Omitted at Trial
This an appeal by the defendant from a judgment of the Supreme Court, Queens County rendered July 8, 1988, convicting him of robbery in the first degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence. A source said that, the defendant…
Defendant Files NY Appeal Regarding Grand Jury Proceeding
This is a case wherein defendant moved for an order to grant inspection of the Grand Jury minutes ad dismissing or reducing the relevant counts of the indictment as not supported by legally sufficient evidence. The defendant likewise moved for an order of dismissal on the indictment on various grounds…
Defendant Files Motion for Leave to Present Additional Arguments on Appeal
The is a case where defendant filed a motion for leave of court to present additional arguments on appeal for a judgment of the Supreme Court rendered on December 20, 2001. Said judgment, subject matter of this petition, was rendered by decision and order of the court on February 23,…
New York Appellate Court Determines if Defendant is Entitled to Evidentiary Hearing Pursuant to Due Process Clause
The defendant was charged with two counts of Sexual Abuse in the First Degree, a D violent felony, and Endangering the Welfare of a Child, an A misdemeanor. A Lawyer said that, pursuant to a plea bargain agreement, the defendant pled guilty, under count one to the lesser charge of…
A defendant who pleads guilty to Rape in the Third Degree
A defendant who pleads guilty to Rape in the Third Degree by way of an Alford-Serrano plea, notwithstanding his claims of innocence, is convicted of a felony. Accordingly, he is subject to the collateral consequences of that conviction to include being classified under the Sex Offender Registration Act and being…
The defendant was charged with violating N.Y. Correction Law section 168-f(3)
The defendant was charged with violating N.Y. Correction Law section 168-f(3) duty to register and to verify pursuant to his classification as a class three sex offender. Defendant moves to dismiss people’s charges pursuant to N.Y. Criminal Procedure Law sections 170.30(5) and 170.40 in the interest of justice. A Lawyer…