A Suffolk County Police officer testified that on the sixth of October, he was on patrol in the Mastic/Shirley area in a marked police car without a partner. He testified that while driving westbound in the area of the Shirley Motel. He states that while he was in the parking…
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Defendant Appeals Criminal Weapons Conviction in New York Appellate Court
The defendant is appealing a judgment made by the Monroe County Court. The judgment found the defendant guilty of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree after he pled guilty to the crime. Case Background The defendant is…
Defendant’s Probation was Revoked, New York Appellate Court Weighs In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…
Defendant Appeals Criminal Possession of a Dangerous Drug Conviction, New York Appellate Court Affirms
This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered 3 January 1974, convicting him of criminal possession of a dangerous drug in the third and fourth degrees (two counts each), upon a jury verdict, and imposing sentence. The court affirms judgment. The…
Defendant Moves that Indictment is Dismissed in the Interests of Justice
The criminal defendant man was indicted for the crimes of robbery in the first degree, robbery in the second degree and grand larceny in the second degree. On August 10, 1978 the defendant moved for a dismissal of the indictment on the ground that he was not given an opportunity…
Court Discusses Why Insanity Plea Fails
A man was indicted on two counts of robbery in the second degree. But, he pleads not guilty to both indictments, with a reason of insanity and he was thereafter sent to the hospital for observation. The hospital reported that he was unable to understand the nature of the criminal…
Court of Appeals Says Dismissal of Indictment Improper
On May 29, 1953, the accused man was indicted, by long form indictment, on four counts of common-law larceny–one count of grand larceny and three counts of petit larceny. None of the counts alleged that he made use of false or fraudulent representations in the course of accomplishing the various…
Defendant Contends Ineffective Assistance of Counsel
The criminal defendant and two co-defendants were indicted for multiple counts of forgery and grand larceny for having endorsed and cashed New York State employment checks over a three year period. The defendant was allowed to plead guilty to one count of Grand Larceny in the Second Degree and was…
New York Court Discusses Use of Long Form Indictment
Defendant was charged of four counts of common law larceny, one count alleging grand larceny, first degree, and three counts of petit larceny. This indictment was prepared in accordance with Section 276 of the Code of Criminal Procedure and is commonly known as a ‘long form indictment.’ A Grand larceny…
Defendant Claims Constitutional Rights Were Violated in DUI Stop
This is a case involving a Hispanic criminal defendant who was stopped and taken into custody by police officers for DWI. The defendant evaded a toll booth in a “cash only” lane without paying the required toll. The defendant was brought to the police department and was shown a video…