Early one morning in March, 2004, two police officers directed a gentleman to pull over in his car due to an inoperable brake light, as well as what appeared to be excessive window tinting. Upon asking the gentleman to step out of his car, his unsteadiness was noted, as was…
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New York Supreme Court Reduces Sex Offender Level for Defendant
In a sex crime hearing in the Supreme Court, Kings County on August 3, 1998, the defendant’s sex offender level was lowered after the Court carefully considered all of the facts in the case. The defendant was convicted of one count of Attempted Rape in the First Degree, and a…
New York Appellate Court Determines if Expunging Record is Appropriate
On June 9, 2005, the Appellate Division of the Supreme Court of the State of New York, Third Department heard the case of Isaiah Brown, Appellant, v. Glenn S. G, as Commissioner of Correctional Services, Respondent. The appellant in this case wanted to have certain information expunged from documents provided…
New York Appellate Court Denies Sentence Reduction
The Appellate Division of the Supreme Court of the State of New York heard the case of The People of the State of New York, Respondent v. Reginald S, Defendant-Appellant on August 25, 2011. The Supreme Court convicted him of two counts of rape in the first degree, criminal sexual…
New York Supreme Court Hears Double Jeopardy Argument in DUI Case
In separate incidents, two men were arrested for driving while intoxicated and other various violations of the Traffic Law. As a result of the filing of the charges for driving while intoxicated, the driver’s licenses of both these men were suspended automatically. After arraignment and during pre-trial, both men raised…
Defendant Challenges Forensic Lab Results in DUI Case
A woman was accused of driving while intoxicated. During her trial, the District Attorney presented affidavits and certifications attesting to the analysis and results of tests done by the forensic laboratory. The District Attorney tried to establish the reliability of the tests used by the forensic laboratory by further offering…
Plaintiff Challenges Domestic Violence Prevention Act in New York Court
On April 18, 2007, police responded to a home in Queens, New York. What they found there was a horror. Four bodies were found dead in the home. One was an elderly woman. A second was the companion of the woman. The third was a home health care worker assigned…
Wife Files Domestic Violence Charges Against Spouse in New York Criminal Court
In a classic case of domestic violence, the victim, usually the wife of the perpetrator, is afraid of the consequences when she decides to file a case against her husband and her husband is convicted. A 35-year old man was charged with the crimes of assault and coercion. According to…
Government Agency Files Negligence Case Against Mother in Domestic Violence Case
Children often become the direct victims of domestic violence. Oftentimes, being exposed to domestic violence leads to the child being mentally or emotionally impaired. Oftentimes, in a sad twist of fate, an act of reckless violence results to the death of an innocent child. In this case, a government agency…
New York Court of Appeals Discusses Penal Law 70.70
Courts, judges, and juries decide cases based on what the law says. But what if the law seems to be saying two different things? And what if the law in two states are different? Which one should be followed? An expert discusses a most interesting case that answers these two…