The defendant was charged and convicted with criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fifth degree and criminal possession of a controlled substance in the seventh degree. The…
People v. Garcia The Court Discusses Whether the defendant was deprived of a fair trial because the Prosecution’s Cross-examination The defendant was arrested after he sold two glassine envelopes stamped “Brainbuster,” to an undercover police officer. The defendant was also found with $324 in cash and a glassine envelope marked…
The defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and was sentenced to one year in jail. The defendant has moved to have the court set aside his sentence. A hearing on the defendant’s motion was held. The court has presided over Manhattan Treatment…
People v. Rivera The defendant was arrested after being involved in a “buy and bust” operation. The defendant was under surveillance by a police officer and was seen congregating on a street corner with two individuals where it appeared that he sold them a controlled substance. The police officer then…
This proceeding involves a motion by Westchester Medical Center for summary judgment upon Progressive Casualty Insurance Company’s failure to either pay the Hospital’s no-fault benefits or deny its claim within 30 days as required by Insurance Law § 5106(a). The court denies the motion. The antecedent facts are as follows:…
People v. Romano The defendant, in an information was charged with Attempted Criminal Contempt in Second Degree and Aggravated Harassment. The alleged crimes were in violation of a protection order regarding a domestic dispute involving the defendant and the mother of his child, who was the complainant. The defendant…
A man, who is an inmate at the correctional facility, is challenging his opponents about their failure to place him in a sex offender counseling and treatment program. The court then issued an order to show cause, and has received and reviewed the opponent’s answer and return, as well as…
The People appealed an order of the Supreme Court after the acceptance of a verdict of guilty to the third count of an indictment, dismissal of the first count after the jury failed to agree and the second was dismissed and never submitted to the jury. The jury returned a…
The defendant, who was an employee of a bar, assisted an intoxicated patron of his place of employment by giving her a ride to her destination. She was distraught and screaming and requested that the defendant to stop and let her out in the roadway. She then jumped…
The petitioner, who was the owner and operator of a motor vehicle that was involved in a motor vehicle collision after the other driver involved, was driving while intoxicated DWI on October 2, 1961. The petitioner later commenced a negligence claim against the intoxicated driver; however, his insurance…