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Published on: June 5, 2012

New York Appellate Court Discusses Corroboration Requirement in Sex Crimes Case

by Stephen Bilkis

Brian F was charged with and convicted of multiple counts of sodomy, sexual abuse and endangering the welfare of a child. His criminal defense attorney challenged his conviction with the New York Court of Appeals, on the grounds that the testimony of his victims was insufficient to prove his guilt in connection with the sex crimes.

Specifically, Mr. F argued that the testimony did not meet the corroboration requirement as set forth under New York law. Section 60.22 of the CPL and Section 130.16 of the Penal Law preclude a conviction for sex crimes based solely on the uncorroborated testimony of an accomplice or victim.

Published on: June 3, 2012

New York Courts Discuss Robbery Charge Where Weapon Used Wasn’t Real

by Stephen Bilkis

Every day the cases of robbery can be deemed as numerous. In fact, every rep does not run out of such cases to handle for legal proceedings. According to the Penal Law, any individual can be considered guilty of robbery if he steals the property not his own with force. Also it involves the possible display of what seems to be a threatening tool like a pistol or any other kind of firearm. But did you know that even if you do not hold an actual gun and yet you somehow impose that you have one just to carry out your robbery plan can still convict you of the crime?

This is what was discovered with the case of Vincent K as researched by a New York grand larceny lawyer. Vincent admitted that he stole US money, jewelry, a wallet and subway tokens from Henry L last October 14, 1978. He stated in his testimony that to convince the victim to give him what he wants from him, he inserted his hand inside his pocket making it appear that he has a gun ready. But the truth of the matter is that he was actually unarmed. With the trial court ready to hear the plea, they are to decide whether the crime of robbery committed is in the second degree.

Published on: June 2, 2012

Can a Person Be Convicted of a Crime Where They Weren’t Present? New York Courts Decide

by Stephen Bilkis

There are so many different ways a crime can be committed. One of these crimes wherein different “artistic” means can be done in order to succeed in their intention is robbery. It is almost a daily occurrence in some parts of the country and the world as well. That is why the United States court of law is ever determined to make the law applicable to everyone and every possible case there is.

This is what supposed to be a “common” bank robbery. According to a Lawyer, the defendant went to a branch of Manufacturers Hanover Bank at the intersection of Jamaica Avenue and Hollis Court Boulevard in Queens County teller at around 1:30 in the afternoon on July 3, 1981. In fact it is very important to note that the teller was the only witness of this particular robbery.

Published on: June 1, 2012

New York Court Discusses Legal Definition of an Accomplice to Robbery

by Stephen Bilkis

It is common to find that in most robbery cases, it involves the role of an accomplice. This is especially noticeable when it comes to bank robberies and other major establishments compared to the petty 1:1 theft. So how far or how intense would be the involvement and punishment of the accomplice in robbery cases? You can get to know more about it with this case of Stanley Hedgeman which was handled by a competent lawyer.

According to credible source, the accomplice is defined as the one who usually drives the getaway car and is not present at the actual scene of the crime. Instead, he is situated from a short distance to give immediate assistance to the robber. He is defined as someone not actually present but is considered to be an aggravating force to the entire crime. What is being questioned in this case is whether the placement of Hedgeman’s car near the scene of the crime is just circumstantial or it proves that he is truly an accomplice of the actual robber. What makes the investigation a lot more solid is because of the bank teller who served as witness according to a policeman.

Published on: May 31, 2012

Can One Be Convicted of Robbery Where There Was No Weapon? New York Court Decides

by Stephen Bilkis

One of the most common robbery crimes is robbing a bank. It is logically so because it is suppose to be where the money is. That is why banks are equipped with alarm system. Some are pretty high technology and some are about standard; just enough to inform the authorities that there is an actual robbery taking place.

This particular case according to an expert is a bank robbery that took place one late afternoon of May 22, 2008. The defendant, John G went inside the Staten Island Bank. He then approached one of the tellers assigned that afternoon and handed her a small note. The note was written on a deposit slip read “I have a gun, Fill the bag. Don’t say anything or I’ll shoot.” The note did not actually indicated any amount so the teller went immediately complied and returned giving G a total of $1,810 which she diligently placed inside the bag that he handed to her.

Published on: May 30, 2012

New York Appellate Court Decides if Consecutive Sentencing is Appropriate

by Stephen Bilkis

On the night of December 24th, 1992, Martin B and Kevin D entered the parking lot of a hotel in Queens to make a payroll delivery. Both B and D were off-duty police officers who were moonlighting for the Mount Vernon Money Center. After parking their vehicle, B walked to the security booth while D stayed behind to unload the money bags. A grey sedan appeared without warning and came to a stop behind B and D’s vehicle. A man got out of the car and with what appeared to be an automatic weapon, forced the two men to lie face down on the ground. Several more armed men then exited the sedan.

At some point, B, who was lying on the pavement, began to move towards the security booth. He was shot multiple times in the back. B attempted to fire back at his assailants but lost his weapon. He was able to make it inside the hotel, where he subsequently collapsed. The gunmen took D’s weapon from his waistband and proceeded to ransack the vehicle. The armed men then got into their car and drove away from the hotel. D then found that the payroll delivery and both his and B’s weapons were missing.

Published on: May 29, 2012

What Happens When The Accused Admits His Gun Possession During a Robbery

by Stephen Bilkis

It is not known by many that you can learn a lot from studying robbery case reports that were gathered and analyzed by a reporter. With this particular report, the defendant involved is John Gr. The robbery happened late afternoon of May 22, 2008 as he entered the Staten Island Bank and approached a teller and gave her a note with instructions. The teller just complied to the instructions written which said: “I have a gun, fill the bag. Don’t say anything or I’ll shoot.” When he left the bank, the teller immediately locked it and informed the police.

What was good about this scene is that according to a source, there was a video surveillance which helped in identifying better the suspect. When the investigation was pursued, the teller was able to identify the defendant when placed in a lineup. In this case, John G is fighting for his right to lessen the degree of robbery since according to him, he was not carrying any gun even if his note said so. The court said that even if it was not proven that he was truly armed with a life threatening instrument or tool, he was still capable at that moment of causing harm or even death to others.

Published on: May 28, 2012

Can You Be Charged With Robbery When There is No Visible Weapon? New York Courts Decide

by Stephen Bilkis

With every robbery case, it is an important issue to clear whether the ones accused carried a certain kind of firearm during the actual crime. To learn more about it, a competent lawyer discusses the cases of Freddie and Hector M who were both being proven to have carried such deadly firearms before their convictions could be elevated. The proofs presented were sufficient but they both posed their appeals.

With the details gathered by a cop, the robbery case of Freddie L took place in Manhattan in October 1984. They declared a stick up to two female friends and the victim walking the street. The victim testified that when the stick up was announced, Freddie gestured in a way as if he had a gun since he put his hand inside his vest. When he gave Freddie the item he was asking from him, he immediately ran from the scene with his other companion. The victim also testified that he knew Freddie since they were able to play basketball once years ago. Hence, it was easy for the victim to identify him.

Published on: May 26, 2012

Can You Be Charged With Robbery When Weapon Isn’t Used? New York Courts Decide

by Stephen Bilkis

John G entered a bank, walked up to a teller station, and handed her a handwritten note that said, “I have a gun, Fill the bag. Don’t say anything or I’ll shoot”. The teller filled the bag with money she had at her station, and John took it and walked out.

Published on: May 25, 2012

New York Court of Appeals Decides Whether Concurrent Sentences Appropriate

by Stephen Bilkis

On August 11, 1988, at approximately 8:00 p.m., Nigel G and Terence O were working at a game booth at Coney Island amusement park. Suddenly, two individuals identified by G as Rodolfo G and an accomplice, Lonnie Jones, approached him. G also testified that G stuck a hard object in his back and Lonnie J demanded money and jewelry from him. G did not comply. Terence O moved to the back of the booth, whereupon Lonnie J punched G in the face. Next, G turned toward Lonnie J and G shot G in the back. Both perpetrators then fled without making additional efforts to steal property.

Rodolfo G was convicted after a jury trial of attempted murder in the second degree, attempted robbery in the first degree and criminal possession of a weapon in the second degree. Came October 30, 1989, Rodolfo G was sentenced a second violent felony offender to ten to twenty years imprisonment for the attempted murder and five to ten years for the attempted robbery, to run consecutively to each other. G was sentenced to five to ten years on the weapons possession count to run concurrently with the other sentences.