Articles Posted in New York City

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DWI in NY: Driving While Intoxicated – VTL 1192.3 Driving While Intoxicated is a dangerous habit among the drivers in the country. It is said that it is not just dangerous; the law likewise punished the drivers who are found to be intoxicated while driving. Driving While Intoxicated is just a part of crimes which are punishable while driving, the law also provides for the following crimes which can be violated while driving – DWI (Driving While Intoxicated), DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence) – but regardless of the particular offense in New York (both NYC and Westchester), prosecutors and judges take these charges very seriously.

A New York DWI Lawyer said that we have handled numerous DWIs, DWAIs and DUIs here in our firm, whether they are charged as VTL 1192.1, VTL 1192.2, VTL 1192.2-a or VTL 1192.3. A particular question which a layman frequently asked us is “how can I be charged with DWI if there is no breathalyzer or intoxilizer that indicates how much alcohol I had in my system?” In answering their question, we first ask for the circumstances surrounding their problem. Once we already determined the main problem, we give them an advice which will benefit them. In the question stated above, the answer is quite simple. As we call it in the criminal law field, a person can be held liable for DWI even without a chemical test. This can be done by using the observation of the arresting officer based on the appearance of the driver and if indeed the latter was intoxicated. This is also known as the “Common Law” DWI.

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A New York Criminal on July 29, 2009, Anne Graper called Access-A-Ride, a paratransit service in New York, to pick her up the following day and to take her to “Special Surgery Hospital” to visit her daughter who just had a hip surgery. According to Ms. Graper, the driver dropped her off at the wrong location. She tripped and fell when she tried to cross a crowded street to go to the correct building.

Ms. Graper sued the Metropolitan Transit Authority New York City, operator of Access-A-Ride, to recover damages for the injuries she sustained. She said that MTA, as a common carrier, has an obligation to see to it that she is safety deposited in the correct location given her age, health and previous history of falling.

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A New York Criminal Lawyer said the statutes of limitations are different for each crime or civil action. It is important to learn what the statute of limitations is that a particular court action covers. However, statutes of limitations are not carved in stone. There are exceptions to the time periods that can make it possible for a person to file a case even after the time period has passed. Sexual assaults and child abuse cases have an exception because of the age of the victims. If a person is abused while they are still too young to file a case themselves, then they may file that case when they reach legal age without regard in most cases for the statute of limitations that is involved with the crime.

One crime of this type occurred when a young woman reached legal age to make a complaint against her father. She filed a claim that stated that between November 1, 2007 and December 31, 2009, her father victimized her repeatedly in a sexual and incestuous manner. She testified in court that it occurred in their home at 6927 Costa Avenue located in Queens County, New York. She stated that the first time that her father molested her, he gave her alcoholic beverages in an attempt to loosen her morals and memory of the encounter. He then forcibly touched her vaginal area against her will. She stated that the second time, he again plied her with alcohol and fondled her vaginal area. He also grabbed her breasts on several occasions and squeezed her bottom. During one encounter, he took her into his bedroom where he exposed his penis to her. At the time that these encounters began, the girl was between twelve and fourteen years of age.

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A New York Criminal Lawyer said in this criminal case, the underlying drug crime involved a large quantity of cocaine possession. A Bronx Drug Crime Lawyer said that, defendant was indicted for first-degree criminal possession of a controlled substance, but was permitted to plead guilty to third-degree possession and released on bail pending sentencing. Defendant absconded, remained outside this jurisdiction for many years, and was convicted of a new drug felony, all of which was in violation of his plea agreement. In addition, a Bronx Criminal Lawyer said that, defendant had absconded while awaiting sentencing on his conviction in Bronx County of criminal possession of a weapon in the third degree. Bronx Drug Crime Lawyer said that defendant filed a motion for re-sentencing.

A New York Criminal Lawyer said the issue in this case is whether defendant is entitled to his motion for re-sentencing.

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A New York Criminal Lawyer said the Court Officers Benevolent Association of Nassau County (“COBANC”) is the exclusive bargaining agent for certain court employees located in Nassau County, including employees in the Major I title. The Petitioner, is currently the president of COBANC and co-petitioners, are all employed in courts in Nassau County in the title of Major I (JG 26).

COBANC has its principal place of business in Nassau County and the petitioners reside in Nassau County. The Unified Court System constitutes the Judicial Branch of Government of New York State, established and organized in accordance with Article VI of the New York State Constitution.

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A New York Criminal Lawyer said the grand jury of April 1975 submitted four reports to the court concerning four separate investigations. All four reports were submitted pursuant to provisions of the Criminal Procedure Law and contain proposed recommendations for legislative, executive and administrative action in the public interest based upon stated findings. The Court is now required to determine whether an order shall be made either accepting and filing such reports as public records, or directing that such reports be sealed.

The New York State Constitution provides in part that the power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments or to direct the filing of information in connection with such inquiries, shall never be suspended or impaired by law. While the District Attorney is by statute a legal adviser to the Grand Jury, he may not dominate or control them in the lawful exercise of their primary function of making inquiry.

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A New York Criminal Lawyer said on May 11, 1993, the Court of Appeals of New York heard the case of On May 11, 1993, the Court of Appeals of New York heard the case of three appellants regarding sex crimes. The defendants had been convicted of multiple counts of rape and sodomy in the first degree. The defendants picked the victim up from outside a Manhattan dance club and took her to a Brooklyn apartment where they raped and sodomized her. At trial, defense attempted to introduce evidence that supposedly showed that the woman had previously engaged in group sex.

Defense claimed that the trial court had not applied the rape shield law properly at their trial. The defendants also claimed that they were deprived of their Federal constitutional right to present evidence and confront the witnesses against them. In addition, they claimed that the court did not instruct the jury that acquittal was required if the defendants mistakenly believed that the victim had consented to sexual relations.

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A New York Criminal Lawyer said that on April 4, 2009, the police responded to a call for service at a family home in Nassau County. Upon their arrival, they discovered that the residents of the home, a man and his girlfriend had been engaged in a domestic violence situation. As a result of domestic abuse, the woman was complaining of abdominal pain. She was far along in pregnancy at the time of the altercation. She stated that during the fight, she had been pushed or struck and that the blow had caused her to fall to the floor. She had not been allowed to obtain prenatal care and her complaints were concerning to the officers. An ambulance was called to the scene and the woman was transported to Nassau University Medical Center to receive treatment.

A Nassau Criminal Lawyer said that upon her arrival at the emergency room, doctors were concerned about the woman’s condition but only took brief examinations of her and promptly dismissed her from the hospital. On May 13, 2009, she returned to the emergency room complaining that she was having contractions. She was admitted into the hospital and doctors administered drugs to attempt to delay the delivery of the child. Since, the woman’s membranes had ruptured, doctors administered steroids to attempt to speed up the maturation of the baby’s lungs. The baby was subsequently born on May 13, 2009. At some point during his delivery, he was deprived of oxygen and blood through a compression of his umbilical cord. As a result, he was delivered with a brain injury that will result in his having to be cared for professionally the rest of his life.

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A New York Criminal Lawyer said that, the defendant stands indicted for two counts of sodomy in the third degree, three counts of sodomy in the third degree, and one count of sex abuse in the second degree. The sodomy counts are Class E felonies and the sex abuse count is a Class A misdemeanor. All counts are “statutory” in nature, in that lack of consent is based upon the fact of infancy, of the victim having been 16 years of age at the time of the incidents involving him, the other having been 14 years of age, and lastly, 13 years old.

An Albany Sex Crime Lawyer said that defendant has moved to dismiss the indictment upon the grounds of insufficient legal evidence before the grand jury to corroborate the testimony of the alleged victims as required by Section 130.16 of the Penal Law.

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A New York Criminal Lawyer said that this is a proceeding that transpired in January 2010 wherein the court presided over a jury trial conducted under Article 10 of the Mental Hygiene Law to determine whether respondent currently has a mental abnormality as defined by MHL§10.03(i).

On 13 January 2010, the jury returned a verdict that respondent did not have a mental abnormality.

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