Blog Posts in May, 2011
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" »