Shortly after 11 p.m. on Friday, January 6, 1994, two people forced their way into the South Third Street apartment of the Garcia family. The two individuals threatened Bernardo G as well as his wife and two young daughters. They then forced Mr. G to give them the keys to…
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Defendant Files Appeal in NY Appellate Court Based on Improper Jury Instructions
On June 15, 1982, Joseph C was convicted of robbery in the first degree, robbery in the second degree and criminal possession of stolen property in the third degree in the Supreme Court of Richmond County, New York. Mr. C’s attorney appealed the conviction to the Supreme Court Appellate Division,…
New York Appellate Court Decides if Defendant is Receiving Double Punishment for Robbery and Attempted Assault
Daniel D was indicted along with five other individuals for the murder in the first degree of George Simon. All of the defendants were acquitted of the murder charge but Mr. D was ultimately convicted of assault with intent to kill. For this conviction, he received a sentence of 5…
New York Appellate Court Charged With Determining If There is Sufficient Evidence for Robbery Charge
John G was charged with one count of robbery in the first degree stemming from an incident that occurred on May 22, 2008. In that incident, Mr. G entered the Commerce Bank branch on Hugenot Avenue in Richmond County, New York and handed a nearby teller a note. The note…
New York Appellate Court Concludes that Robbery Charge is Contradictory to Murder Charge
Timothy M was indicted on first degree robbery charges stemming from an incident that occurred on January 5, 1992. In that incident, Mr. M, along with a group of approximately 15 others, was walking along Jefferson Avenue in Rochester, New York. The group happened upon Charles G, an individual known…
Defendant Files for Appeal Arguing Trial Court Disallowed Expert Testimony
Quentin A was convicted of the robbery of a 13-year-old girl. The victim in the case testified that he used a knife to commit the crime, which distinguished it from other crimes involving the theft of property, such as petty larceny, which does not involve the use of force or…
New York Court Discusses Presence of Consent in Sex Case
Frank G was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified…
NY Court Reviews Risk Assessment Level of Defendant Under SORA Guidelines
Michael H was found guilty of six counts of first degree sodomy, one count of attempted first degree sodomy, two counts of second degree sodomy and one count of first degree sexual abuse. Following his conviction, the Board of Examiners of Sex Offenders recommended designating Mr. H as a risk…
New York Appellate Court Determines If Constitutional Violation Exists in Publishing Name of Victims
James B, an established Broadway actor, was charged with the sexual abuse of a 15-year-old girl in 2001. His attorney, Ronald P. Fischetti, filed a petition on his behalf challenging an order from the Supreme Court which prohibited the defense from publishing the victim’s name in order to investigate her…
New York Appellate Court Rules that State of Mind is Not Relevant, Rather the Act Itself in Sex Crime Case
Edgar B was convicted of two counts of second degree sodomy for four instances of improper sexual contact with three young boys. Mr. B was sentenced to two consecutive terms of 3 ½ to 7 years. Each victim testified that he had allowed Mr. B to engage in oral sodomy…