New York Criminal Lawyer Blog 24/7

Published on: March 21, 2014

Defendant Appeals Robbery Conviction in New York Court of Appeals

by Stephen Bilkis

A Queens Robbery Lawyer said that this in an appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 12, 1981, convicting him of robbery in the third degree, unauthorized use of a motor vehicle, unlawful imprisonment in the second degree, and escape in the second degree, upon a jury verdict, and imposing sentence.

A Queens Grand Larceny Lawyer said that, the evidence reveals that at about 6:30 P.M. on May 27, 1980, the Police Officer and his partner, Sergeant were driving through a parking lot located at 79-00 Queens Boulevard when the Police Officer observed the defendant with a screwdriver in his hand, standing at the rear of a vehicle opening its trunk. As the Sergeant approached defendant in order to question him, defendant ran. Defendant, however, was eventually caught and placed under arrest for attempted grand larceny in the second degree, a felony, and possession of burglar’s tools. Following his arrest, defendant complained of a stomachache and was taken to Elmhurst General Hospital.

Published on: March 19, 2014

Court Discusses Effect of a Defendant Waving their Right to Appeal upon a Plea of Guilty

by Stephen Bilkis

Published on: March 18, 2014

Court Discusses Prejudicial Treatment Resulting Prosecution’s Witness and Summation

by Stephen Bilkis

The defendant was arrested and charged with criminal possession of a dangerous drug in the fourth degree. The police went to the defendant’s apartment where he then sought to dispose of a bag by throwing it from a window. The bag was retrieved by an officer and 56 glassine envelopes were discovered. The defendant as well as the other occupant was arrested and charged. During the trial the defendant testified that he had never used or possessed drugs at any time. The one of the police officers testified that he heard the window open and close and that he was denied entry into the apartment by the defendant. Another officer testified that he saw the defendant throwing a bag from the window and he retrieved the bag. The defendant was convicted and appealed the conviction on the ground that he was denied a fair trial.

Published on: March 17, 2014

Court Discusses Probable Cause of a Warrantless Search

by Stephen Bilkis

Published on: March 9, 2014

Court Discusses Classification of Methadone Criminal Conviction after the Amendment of the Penal Law

by Stephen Bilkis

Published on: March 3, 2014

Defendant Files Motion for Inspection of Grand Jury Minutes

by Stephen Bilkis

A Queens Grand Larceny Lawyer said that, this is a motion by the defendant for an inspection of the Grand Jury minutes, or in the alternative for an order dismissing the indictment. He contends that the testimony adduced before the Grand Jury did not spell out the crime charged against him and that illegal and improper evidence was produced before the Grand Jury. The indictment contains three counts; however, the defendant is charged only with the third count which alleges that he and his co-defendant conspired to commit the crime of grand larceny.

A Queens Criminal Lawyer said that, the defendant contends that the testimony heard by the Grand Jury caused that body to be ‘left to speculate the value of his’ report and medical bill in the amount of $95.00 and the effect thereof, if any, upon the award of $850.00 for the personal injury aspect of the claim’; that ‘there is no evidence from which the Grand Jury could conclude that the purportedly exaggerated medical bill and report had the effect of increasing the award to the extent that a felony would be accomplished’ and that ‘this was sheer speculation on its part.’

Published on: February 26, 2014

Defendant Moves to Dimiss Indictment Arguing Charges are Unconstitutional

by Stephen Bilkis

The defendant moves to dismiss the indictment against her claiming that the statutes upon which the charges are founded are unconstitutional. Defendant is alleged to have sold over an ounce of a substance containing methadone to an undercover officer. This alleged sale has given rise to the three charges contained in the indictment; one count relates to the alleged sale and the others to the defendant’s possession immediately prior to the sale.

A New York Criminal attorney said that the thrust of the defendant’s claim with respect to the use of the ‘aggregate weight’ of the substance possessed and sold as the basis for determining the degree of offense charged in the first and second counts is that it creates irrational distinctions between similar kinds of conduct and imposes unequal punishments upon offenders who have committed virtually identical illegal acts.

Published on: February 17, 2014

Defendant Claims Facial Insufficiency for Child Endangerment Charges

by Stephen Bilkis

The defendant was charged with endangering the welfare of a child and criminal possession of a controlled substance in the seventh degree. She now moves the Court for an order dismissing the charge of endangering the welfare of a child for facial insufficiency.

A Queens County Criminal attorney said that an accusatory instrument upon which the defendant may be held for trial “must allege facts of an evidentiary character’ demonstrating reasonable cause to believe that the defendant committed the crime charged.” Further, valid criminal court information must contain non-hearsay factual allegations which, if true, “establish every element of the offense charged and the defendant’s commission thereof.” CPL §100.40(1)(c).