New York Criminal Lawyer Blog 24/7

Published on: July 28, 2012

A Department of Human and Health Services in a New York county filed a petition

by Stephen Bilkis

A Department of Human and Health Services in a New York county filed a petition to terminate the parental rights of a mother whom the Department accused of having permanently neglected her minor children. According to sources, at the time of the filing of the Department’s petition, the father was deceased. The mother, the sources said, had found being a single mother extremely difficult and the children had come into the care and custody of the Department after she attempted suicide and was hospitalized.

The court granted the petition. The law defines a “permanently neglected child” as a child who is in the care of an authorized agency and whose parent or custodian has failed for a period of more than one year following the date such child came into the care of an authorized agency substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so, notwithstanding the agency’s diligent efforts to encourage and strengthen the parental relationship when such efforts will not be detrimental to the best interests of the child.

Published on: July 26, 2012

A family court terminated the parental rights of a mother because she permanently neglected her four children.

by Stephen Bilkis

A family court terminated the parental rights of a mother because she permanently neglected her four children. The children, the youngest of which are twins, have been in foster care since 1997 after they were neglected based on the court’s findings of domestic violence by both the mother and the twins’ father. Sources said that the mother also sexually abused one of her children.

To strengthen the parental relationship while the children remained in foster care, the mother was required to attend a domestic violence support group, parenting classes, facilitated visitation with the children, counseling and sex offender treatment. Sources said that although the mother participated in all of the programs and services required, she failed to successfully complete the sex offender program because she refused to admit the abuse. The court also found that the mother had failed to adequately plan for her children’s future due to her sporadic continuing relationship with the twins’ father. The mother also failed to demonstrate progress in her parenting skills.

Published on: July 24, 2012

New York Appellate Court Downgrades Defendant’s Sex Offender Risk Assessment Level

by Stephen Bilkis

In 1985, a man was convicted of one count of first degree rape, one count of second degree rape, four counts of first degree sodomy and four counts of second degree sodomy. The charges stemmed from claims brought by his two stepdaughters, who claimed that he forcibly raped and sodomized them on multiple occasions. Following his conviction, he was sentenced to a combined term of 25 to 50 years.

His criminal defense attorney filed a motion to set aside the verdict and this request was granted in 1991. The New York County Supreme Court was unable to determine why the conviction was overturned but the prosecutor in the case claimed they had arranged a plea agreement in which he would plead guilty to one count of first degree rape. In exchange, he received a sentence of 5 to 15 years.

Published on: July 22, 2012

New York Supreme Court Hears Defendant’s Argument that Due Process Rights Have Been Violated

by Stephen Bilkis

A man was charged with robbery in the second degree as an armed and violent Class C felony. He pled guilty to a Class D violent felony offense in exchange for a prison sentence of one to three years. At that time, the court agreed to consider an application for a less sentence based on mitigating circumstances. The court later found that there was insufficient mitigating evidence to support a shorter term than he had already received. He then challenged the court’s decision, alleging a violation of his due process rights. The court rejected his claim. At the sentencing hearing, his criminal defense attorney filed another application for a shorter sentence, which was also denied.

The case was then referred to the Supreme Court Appellate Division to address defendant’s constitutional claim. After reviewing New York Penal Law, the court determined that the prison term he received was appropriate and that the lower acted within the boundaries of its discretion in handing down the sentence. Accordingly, his plea arrangement and sentence were affirmed.

Published on: July 20, 2012

Counsel Withdraws From Appellate Case, Arguing No New Issues To Raise on Appeal

by Stephen Bilkis

A man plead guilty to numerous counts involving possession of child pornography. Specifically, his plea agreement included five counts of possessing a sexual performance by a child and four counts of promoting a sexual performance by a child. The Broome County Court sentenced him to six months in jail and a probationary term of ten years. He was also required to register as a sex offender upon his release.

After leaving jail, the felon failed to register as required by the Sex Offender Registration Act. He was then charged probation violation for failing to comply with this requirement. He plead guilty to the charge and as such his probation was revoked. He was then sentenced to a prison term of 1 1/3 to 4 years for each count of the original indictment, with the sentences ordered to run concurrently.

Published on: July 18, 2012

New York Supreme Court Decides Sex Offender Risk Assessment Level Under SORA

by Stephen Bilkis

He was 21 when he broke into a New Rochelle home on May 2, 1975. Assisted by three other men, Taylor entered the home of a suspected drug dealer with the intention of stealing money from the residents. Asleep in the home were the alleged drug dealer’s wife and three daughters, who were aged two, five and seven. The four men, who were armed and wearing masks, demanded money from the wife and threatened to kill the children when she stated she had none. After she repeated her claim that there was no money to steal, the men threatened to kidnap the youngest daughter and hold her for ransom.

One of the men took the girls’ mother into a bathroom just off the master bedroom and closed the door. While holding a gun to her head he told her he would kill her if she didn’t reveal where they hid their money. She was then tied, bound and locked in a closet. When she escaped, the men were gone, along with her two-year-old daughter. She called police, who arrived on the scene. An officer noticed a blue Datsun in the area, which was occupied by Taylor, another man and a little girl. Police attempted to stop the vehicle, which lead to a high-speed chase. Finally, the car collided with a light pole, allowing police to rescue the child and apprehend Mr. X and the other man.

Published on: July 17, 2012

Defendant Files Case in New York Supreme Court Regarding SORA Classification

by Stephen Bilkis

In August 2002, a man was accused of sexually molesting a 15-year-old girl in Florida. Five months later, he participated in an armed robbery of another Florida home. He pled guilty to both crimes and was sentenced to five years in prison. After being released, he moved to Green County, New York. The Board of Examiners of Sex Offenders completed a risk assessment which classified him as a Level One offender.

The prosecutor later argued that the Board failed to assign an additional 30 points based on the felon’s conviction for the home 2003 home invasion. County Court determined that the robbery, while not a prior crime, should still be considered as an aggravating factor which would justify upgrading his classification to a Level Two offender. He subsequently appealed this decision to the New York Supreme Court Appellate Division, Third Department.

Published on: July 16, 2012

New York Appellate Court Determines if Prior Confession is Admissible

by Stephen Bilkis

Two men were indicted on January 28, 1977, for murder in the second degree and attempted robbery in the first degree. A woman was also indicted for the same counts but pled guilty to attempted robbery and testified for the prosecution at trial. According to court documents, the three and another man attempted to rob another in his home. During the attempted robbery, the owner was shot in the head. He died a few days after the incident. Had his home been unoccupied at the time the four individuals broke into his home with the intent to steal, his life might have been spared and the defendants may only have been charged with burglary.

Three weeks after the robbery occurred, one of the robbers was arrested and given a Miranda warning. He then made a statement to police in writing, which he signed. A second written statement was later given to an assistant district attorney. In these two statements, he claimed that he and his partner had developed a plan to make money, which involved the robbery of the house. The two men met with another before going to the woman’s home to further discuss the robbery. They forced their way into the apartment. One pointed a gun at the owner but stated he had never intended to harm him. A struggle ensued and the gun went off, causing the injuries to the owner. Both theives then left the scene.

Published on: July 14, 2012

New York Appellate Court Determines Admissibility of Prior Testimony in Robbery Case

by Stephen Bilkis

On March 9, 2003, a robbery occurred at Maggie’s Restaurant, located at 2643 Jerome Avenue in Bronx County, New York. On March 11, the detective investigating the case got a telephone call from the New York County Parole Office. The Parole Office stated that David X was present. The detective then went to the office, arrested Mr. X and gave him his Miranda warning. The detective asked Mr. X if he knew why he was being arrested and then told him it was for the robbery at the restaurant. According to the detective, Mr. X then stated that he was at the scene and participated in the robbery but did not have a gun at the time.

The detective found a pawn shop ticket in Mr. X’s pocket, which he stated was for a necklace that had belonged to one of the restaurant’s customers. The detective and Mr. X went to the pawn shop and retrieved the chain.

Published on: July 13, 2012

Defendant Files Appeal Based on Error in Denying Motion to Vacate Judgment in Robbery Case

by Stephen Bilkis

Two separate robberies occurred in parking garages on the East Side of Manhattan in August of 1982. On August 17, A and two other individuals stole two cars after threatening the parking attendant with a gun. A few days later on August 20, 1982, B, who had participated in the first robbery, picked A up from his mother’s home. Another robbery occurred in a different parking garage and Colon and Tisdale were later seen showing off one of the four cars that were stolen to other people in the neighborhood. The parking attendant who worked at the second garage was found dead on the floor of the garage office. He had been killed with a shotgun and fingerprint evidence suggested that B but not A had been present in the office. Despite this evidence, Mr. A was convicted of second degree murder and first, second and third degree robbery. He was sentenced as a violent offender and received 15 years to life for the murder, 6 to 12 years each for the first and second degree robbery counts and 3 to 6 years for the third degree robbery count. The judge ordered the sentences to run concurrently with one another but consecutively with another sentence of 12 ½ to 25 years for an unrelated conviction.

Mr. A appealed his conviction on the grounds that the trial court committed an error in denying his motion to vacate the judgment based on insufficient evidence. The Supreme Court Appellate Division, first Department was charged with determining whether his appeal had any merit.