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,…
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Defendant Appeals Designation as Level 3 Sex Offender
This is an appeal from the order of the District Court of Nassau County, First District, entered November 14, 2003, deemed from a supplemental order of the same court entered July 20, 2010. The order, following a hearing, designated defendant a level three sex offender pursuant to Correction Law article…
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…
The defendant was arrested and subsequently arraigned
The defendant was arrested and subsequently arraigned on a charge of assault in the third degree in violation of Penal Law § 120.00 (1). The People moved in line for a ruling allowing them to call an expert witness on domestic violence to testify on their direct case regarding the…
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…
Defendant Appeals Weapon Possession Charges
A Lawyer said that, this is an appeal by the defendant from a judgment of the County Court, Nassau County, rendered April 6, 1987, convicting him of criminal possession of a weapon in the third degree, escape in the second degree and criminal mischief in the fourth degree, upon a…
New York Supreme Court Determines Whether Constitutional Rights Have Been Violated
Questions of law are heard by the Supreme Court to determine if a person’s rights have been violated. Many questions of law can arise in a court case starting at jury voir dire. Jury voir dire is the selection process to pick which jurors from a pool of persons who…
Defendant Moves For Order Suppressing Tangible Evidence Related to Drug Possession Charges
The defendant in this case has been charged with criminal possession of a controlled substance in the 7th degree. This violates Penal Law section 220.03. The defendant has also been charged with endangering the welfare of a child. The defendant has moved for an order to dismiss the information as…
New York Court Rules that Defendant Has Satisfied Prior Judgment
This case is being heard in the Family Court of New York in Kings County. The issue before the court is whether the help of the court is still required. The respondent mother has moved to dismiss the petitions. This motion is supported by the attorney for the children. Case…