Blog Posts in April, 2011
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'" »
Posted on Apr 14, 2011 By Brian Perskin
In this case from the Kings County Criminal Court, the defendant was charged with 69 counts each of Overdriving, torturing and injuring animals; Failure to provide proper food and drink to an ...
Continue reading "Defendant Convicted in Animal Cruelty Case" »
Posted on Apr 14, 2011 By Brian Perskin
The defendant in this case carried a key chain in the shape of a cat. Justice William A. Kelly of Rockland County Supreme Court convicted the defendant of Criminal Possession of a Weapon in the Third ...
Continue reading "Convicted for Carrying a "Cat Key Chain"" »
Posted on Apr 13, 2011 By Brian Perskin
In this case, the complainant gave police her keys and permission to enter her home, where they found the defendant and two guns. The court found that the defendant's objections to the police entering ...
Continue reading "Court Finds that a Guest Has No Standing to Prevent Police Entry Into Apartment" »
Posted on Apr 13, 2011 By Brian Perskin
In this decision from Webster Town Justice DiSalvo, a father's use of Facebook to contact his ex-wife's friends and family and discuss her disparagingly did not violate the no-contact order she had ...
Continue reading "Contacting Facebook Friends Does Not Violate a No-Contact Order, Judge Decides" »
Posted on Apr 12, 2011 By Brian Perskin
Two former child welfare workers were indicted on charges of criminally negligent homicide for failing to properly monitor the family of a 4-year old girl who died in September 2010. I N D I C T M E N ...
Continue reading "Former Child Welfare Workers Indicted" »
Posted on Apr 12, 2011 By Brian Perskin
The People of the State of New York, Appellant v. SL, Respondent, 2009-2389 N CR APPELLATE TERM: 9TH AND 10TH JUDICIAL DISTRICTs Before: Nicolai, P.J., Tanenbaum and LaCava, JJ. Decided: April 1, 2010 ...
Continue reading "Of Legal Age" »
Posted on Apr 11, 2011 By Brian Perskin
Decided on April 7, 2011 Andrias, J.P., Friedman, Catterson, Moskowitz, Román, JJ. 4711 3121/06 [*1] The People of the State of New York, Respondent, v RC, Defendant-Appellant. Judgment, Supreme ...
Continue reading "When Defendants Abscond" »
Posted on Apr 11, 2011 By Brian Perskin
The People of the State of New York, Plaintiff, v. TR, Defendant, 2260-1995 People v. Riley, 2260-1995, NYLJ 1202489227416, at *1 (Sup., BX, Decided March 29, 2011) Justice Dominic R. Massaro Decided: ...
Continue reading "Persistent Violent Felon Status on Appeal" »
Posted on Apr 7, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. J.G., Defendant, 2009KN071883 Decided: March 15, 2011 The People of the State of New York, Plaintiff v. J.G., Defendant Judge John H. Wilson Decided: ...
Continue reading "Right to a Speedy Trial for Traffic Violations" »
Posted on Apr 7, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. S.A., Defendant, 3426/10 SUPREME COURT, NEW YORK COUNTY, PART 41 Criminal Practice Justice Ronald A. Zweibel Decided: March 3, 2011 Decision & ...
Continue reading "Defendant Contests Search Warrant" »
Posted on Apr 6, 2011 By Brian Perskin
The People of the State of New York, Plaintiff v. D. K. P., Defendant, 542/2009 SUPREME COURT, QUEENS COUNTY, PART K-4 Criminal Practice People v. D. K. P., 542/2009, NYLJ 1202489016725, at *1 (Sup., ...
Continue reading "Fitness to Stand Trial" »
Posted on Apr 6, 2011 By Brian Perskin
The People &c., Respondent v. Z.C., Appellant., No. 56 NEW YORK STATE COURT OF APPEALS Criminal Practice New York Law Journal04-06-2011 The People v. Z.C., Index 56, NYLJ 1202489166521, at *1 (Ct. ...
Continue reading ""Physical Helplessness" in Sexual Assault Case" »
Posted on Apr 5, 2011 By Brian Perskin
This is an interesting decision from the New York Court of Appeals that deals with questioning an expert witness about his religious beliefs to affect his credibility in the court. ...
Continue reading "NYS Court of Appeals Decision re: Questioning Expert Witnesses on their Religious Beliefs" »