Blog Posts in 2011
39 results found. Viewing page 1 of 2.
Go to page
Posted on May 26, 2011 By Brian Perskin
The People of The State of New York, Plaintiff v. RG, Defendant, 2010NY093732 Judge Matthew A. Sciarrino Decided: May 19, 2011 DECISION AND ORDER The defendant, RG, is charged with endangering the ...
Continue reading "Charge of Endangering the Welfare of a Child Deemed Facially Sufficient" »
Posted on May 26, 2011 By Brian Perskin
The defendant plead guilty to prostitution charges but was never informed of any of her rights under Boykin v. Alabama, which requires that a defendant have a full understanding of the consequences ...
Continue reading "Prostitution Conviction Dropped on Appeal" »
Posted on May 23, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. Ray Duran, Defendant, 2010KN093321 Justice Evelyn J. Laporte Decided: April 14, 2011 DECISION AND ORDER The defendant, RAY DURAN, is charged with ...
Continue reading "NYPD Must Provide Surveillance Tapes in Sexual Assault Case" »
Posted on May 23, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. EM, Defendant, 4384-1998 Justice Dominic R. Massaro Decided: May 17, 2011 DECISION and ORDER Pursuant to CPL §160.58, Defendant EM moves for an order ...
Continue reading "Defendant's Crimes Do Not Qualify Him Under Rockefeller Drug Laws" »
Posted on May 19, 2011 By Brian Perskin
The People of the State of New York, Respondent v. PB, Appellant, 2008-189 S CR Before: Tanenbaum, J.P., Molia and Iannacci, JJ. Decided May 9, 2011 Appeal from a judgment of the Justice Court of the ...
Continue reading "Judges Dismiss Accusatory Instrument in the Interest of Justice" »
Posted on May 16, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. Neil Prisco, Defendant, 2010QN035024 Judge Elisa S. Koenderman Decided: April 20, 2011 DECISION/ ORDER The defendant, Neil Prisco, is charged with ...
Continue reading "People Charged with Over Ninety Days in Criminal Proceedings" »
Posted on May 12, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. JSC, Inc, JS, SM, CS, JM, MM, PO, AF, CR, ST, JMM, SC, MT, DDC, JR, MME, HM, Defendants, 2394/2009 Justice Marcy L. Kahn Decided: May 2, 2011 DECISION ...
Continue reading "White-Collar Crimes Dismissed" »
Posted on May 11, 2011 By Brian Perskin
The People of the State of New York v. Felix Suya, Defendant, 4930-1997 Justice Richard Lee Price Decided: April 22, 2011 DECISION AND ORDER 1 By motion submitted November 18, 2010, defendant moves ...
Continue reading "Defendant's Motion for Resentencing Based on Drug Law Reform Act Denied" »
Posted on May 11, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. RG, Defendant, 4023-09 Justice Matthew J. D'Emic Decided May 2, 2011 DECISION AND ORDER Defendant is accused of attempted murder in the shooting of ...
Continue reading "Warrantless Entry is Justified Due to Pool of Blood and Concern for Protection of Life; Warrantless Seizure of Ballistics Evidence in Plain View Thus Allowed" »
Posted on May 10, 2011 By Brian Perskin
The People, etc., Respondent v. TL, Appellant, 1049/05 Before: Anitea R. Florio, J.P.; Thomas A. Dickerson; Cheryl E. Chambers; Plummer E. Lott, JJ. Decided: May 3, 2011 DECISION & ORDER Appeal by ...
Continue reading "Defendant Had No Opportunity to Respond to Jury's Notes; New Trial Ordered" »
Posted on May 6, 2011 By Brian Perskin
The People of the State of New York v. Richard Sauerwald, Defendant, 2010NY064777 Judge Tamiko Amaker Decided: April 7, 2011 DECISION AND ORDER The defendant is charged with one count each of ...
Continue reading "Charge of Disorderly Conduct Dismissed Because Allegations Do Not Support The Charge" »
Posted on May 3, 2011 By Brian Perskin
The People of the State of New York v. AS, Defendant, 04-1060 Judge Barbara G. Zambelli Decided: March 30, 2011 The following papers numbered 1 to 8 read on this pro se motion pursuant to CPL Section ...
Continue reading "In Murder Case, Defendant's Motion for Reconsideration Denied" »
Posted on May 2, 2011 By Brian Perskin
The Suffolk County Police Department arrested the defendant and during processing, read her additional questions from the "Human Trafficking Questionnaire." The court agreed that the defendant was ...
Continue reading "Sex Trafficking Questionnaire Does Not Fall Under Pedigree Exception to Miranda Rule" »
Posted on Apr 29, 2011 By Brian Perskin
The People of the State of New York v. LK, Defendant, 01-0396 Justice Richard A. Molea Decided: April 4, 2011 DECISION AND ORDER Upon consideration of the defendant's instant motion to vacate the ...
Continue reading "Court Denies Motion to Vacate Sentence Because Defendant Did Not Prove He Lacked Proper Legal Counsel" »
Posted on Apr 27, 2011 By Brian Perskin
The court decided that the defendant in this case was entitled to a hearing to determine whether he received ineffective counsel because his then-lawyer during the trial did not call any expert ...
Continue reading "Defendant Convicted of Sex Crimes Wins Hearing on Ineffective Counsel" »
Posted on Apr 27, 2011 By Brian Perskin
The People of the State of New York v. SM, Defendant, 2010KN097196 Judge Kevin B. McGrath Decided: March 29, 2011 DECISION The defendant, SM, is charged by information with one count each of Criminal ...
Continue reading "Trespassing: "I Am an Invited Guest"" »
Posted on Apr 25, 2011 By Brian Perskin
A division of the New York State Appellate Court found that when the US Supreme Court affirmed the right of individuals to bear arms, the decision did not have bearing on local or state authorities ...
Continue reading "Right to Bear Arms Does Not Apply to Restrictions on Criminals Owning Guns" »
Posted on Apr 25, 2011 By Brian Perskin
The defendant argued that he was deprived of his right to confront a witness when the victim's autopsy report was analyzed in court by an expert who did not prepare it. Defense cited a previous case ...
Continue reading "Appeals Court Upholds Use of Autopsy Report in Murder Trial" »
Posted on Apr 21, 2011 By Brian Perskin
The People of the State of New York, Appellant v. Western Express International, Inc., et al., Defendants-Respondents, 2011 NY Slip Op 03136 APPELLATE DIVISION, FIRST DEPARTMENT Criminal Practice ...
Continue reading "Appellate Court Rules with the People, Upholding Internet Crime Charges Against "Western Express Cybercrime Group"" »
Posted on Apr 20, 2011 By Brian Perskin
Decided on April 12, 2011 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT PETER B. SKELOS, J.P. RUTH C. BALKIN LEONARD B. AUSTIN SANDRA L. SGROI, JJ. 2009-10791 ...
Continue reading "Appeals Court Affirms Denial of Suppression of Defendant's Statement to Law Enforcement Officials" »
Posted on Apr 19, 2011 By Brian Perskin
A panel of the Appellate Division, Second Department ordered a retrial for the man convicted of raping a young woman. The panel's decision stemmed from defense attorney's failure to capitalize on ...
Continue reading "Appeals Court Orders New Trial for Convicted Rapist" »
Posted on Apr 19, 2011 By Brian Perskin
A panel in the Appellate Division, Second Department ordered a new trial for the defendant previously convicted of murder, stating that the prosecution conducted his summation improperly. The ...
Continue reading "Appellate Decision Overturns Murder Conviction and Orders Retrial" »
Posted on Apr 18, 2011 By Brian Perskin
In the case of People v. LA, a deponent testified in court that he had not read the Complaint, but testified in deposition that he had in fact read the complaint. The defense argued that the People ...
Continue reading "Defendant's Right to a Speedy Trial Intact; Deponent's Failure to Read Complaint Does Not Warrant Dismissal" »
Posted on Apr 15, 2011 By Brian Perskin
The People of the State of New York v. DP, DS, KT, Defendant, 2009KN018960 CRIMINAL COURT, KINGS COUNTY, PART AP3 Criminal Practice Judge Evelyn Laporte Decided: March 29, 2011 ADDITIONAL INDEX ...
Continue reading "Judge Allows Prosecution Time for DNA Testing, Does Not Charge Time for Analysis." »
Posted on Apr 15, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. NAO, Defendant, 2009KN100774 CRIMINAL COURT, KINGS COUNTY, BTP-2 Judge Gerri Pickett Decided: March 31, 2011 ADDITIONAL INDEX NUMBER 2010KN004702 ...
Continue reading "Uncharged Bad Acts Admissible As Evidence; Judge Denies Application for 'Ventimiglia hearing'" »
39 results found. Viewing page 1 of 2.
Go to page