This is a petition by the People from an order of the Supreme Court, dated November 10, 1983, in which after a trial, and settled that branch of defendant’s motion to suppress evidence. The Court ruled reversing the order, the portion of the omnibus motion which seeks to suppress the…
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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…
Petitioner Appeals Jury Verdict Regarding Mental Competency
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,…
Petitioner Files For Judgment Pursuant to CPLR Article 78
This is a case for judgment pursuant to Article 78 of the CPLR that was created by the petitioner, including his June 23, 2010 Affidavit in Support of Order to Show Cause, verified on June 23, 2010 and filed in St. Lawrence County Clerk’s office on July 9, 2010. Petitioner,…
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 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 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…