Anne-Marie P., a juvenile, was charged one count of first degree sodomy, two counts of first degree sexual abuse, two counts of third degree sexual abuse and one count of sexual misconduct. These crimes were allegedly committed against Megan H., who was six years old at the time she testified.…
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New York Court Dismisses Case Due to Failure to Preserve Evidence in Sex Crime Case
Francis M was charged with one count each of first degree sodomy, first degree robbery, first degree sexual abuse and two counts of criminal weapon possession in the fourth degree. The crimes allegedly occurred on June 13, 1976 but Mr. M was not indicted until January 24, 1980. Mr. M’s…
New York Appellate Court Finds Prosecution Failed to Prevent Prejudicial Evidence from Being Admitted in Sex Crime Case
On September 4, 2009, J M was convicted of one count each of first degree rape, third degree rape, attempted criminal sexual act in the first degree and attempted criminal sexual act in the third degree. Mr. M appealed his conviction to the New York State Supreme Court Appellate, Second…
New York Appellate Court Decides if Age of Victim is Relevant
On December 6, 2007, Pasqual R was convicted of one count each of second degree burglary and endangering the welfare of a child as well as four counts of third degree sexual abuse. At trial, the jury sent the judge a note questioning how the age of the victim impacted…
New York Court Discusses The Use of Admissions Against Interest in Sex Crime Case
On October 16, 1997, a male identified only as C.B. made a videotaped confession to a Bronx Assistant District Attorney following his arrest. During the confession, C.B. discussed numerous criminal offenses and described on at least 11 different occasions on which he had entered private residences unlawfully and in some…
New York Appellate Court Rejects Claim that Evidence of Prior Crimes Was Prejudicial to the Defendant
In September 2000, Darrin H was accused of sexually abusing his 16-year-old daughter and having sex with one of her 15-year-old friends. Police arrested Mr. H and after reading him his Miranda rights, he signed a written statement attesting to the fact that he may have had sex with his…
New York Court Says Landlord May Not Evict Tenant for Being a Domestic Violence Victim
A 30-year old female tenant was served a notice of termination by her landlord because she engaged in illegal and violent behavior during domestic disputes. The tenant is under a federal-government-assisted Section 8 tenancy. According to sources, the tenant stabbed her partner in one of numerous disturbances she created in…
New York Supreme Court Upholds Drug Conviction
On October 11, 2007 an undercover detective from the Broome County Sheriff’s Office in New York was advised by a confidential informant that a man who went by the street name of “Ace” was selling cocaine. He provided the detective with a cell phone number of the man. The detective…
New York Courts Decide if New Drug Law Should be Applied Retroactively in Defendant’s Case
A 33-year old man was indicted by a jury and charged with marijuana possession. Court records showed that the defendant was a second felony offender but not a violent offender. During the course of plea negotiations, the defendant was offered by the State a plea to a B felony in…
New York Court Decides Grandparent Visitation Rights in Light of Child Abuse Allegations
In November of 1996, a father of a little girl was arrested and taken in to custody. The facts of this case once known exposed a level of domestic violence that was abhorrent. The man was arrested for assaulting the mother of his child. While they were married at the…