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…
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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…
New York Appellate Court Hears Case Involving Drug and Gun Charges
The convictions in this criminal case come from a storefront operation that was conducted by undercover agents that work for the State Police and the Attorney General’s office. The operation was set up as a way to buy stolen property and guns. The principal operator of the store was an…
Defendant Appeals Criminal Facilitation Charges
The defendant is appealing a judgment made in the Supreme Court of New York County. The judgment convicted the defendant of criminal facilitation in the second degree and sentenced him to a term of seven and a half to fifteen years. Case Facts The defendant was with another individual when…
Court Discusses Probable Cause in Car Search
The defendant motioned to suppress a gun, the magazine in the gun, and nine rounds of ammunition in the magazine at a hearing before the court. During the hearing the People called one witness, a police officer who was assigned to the Anti-Crime Unit of the 75th precinct at the…
People Appeal Defendant’s Successful Motion to Suppress Evidence
The Supreme Court of Bronx County granted the defendant’s motion to suppress both physical evidence and statements. The People are appealing. There is an appeal from the same order that granted the People’s motion to reargue and on re-argument adhered to the original decision, dismissed the appeal from the prior…
Court Discusses Outcome of Mapp-Huntley Hearing
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…
Appellate Court Decides if Conspiracy Ruling is Designed to Prevent Different Kinds of Harm
A man filed an action to dismiss the charge of murder against him. He subsequently indicted in the State of Maryland, along with his colleague, on the allegation that he conspired with them to the murder of the victim. But, the man was acquitted of the conspiracy charge upon a…
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…
Defendant Appeals Death Penalty in New York Appellate Court
The defendant is a confessed serial killer and was convicted by a jury for several offenses including one count of first degree murder for intentionally causing the death of three women in separate criminal transactions that were committed in a similar fashion. The people filed a notice of intent to…