MARY V. ROSADO , J. Defendant is charged with Assault in the Third Degree (Penal Law 120.00 [1]), Petit Larceny (Penal Law 155.25), Criminal Possession of Stolen Property in the Fifth Degree (Penal Law 165.40), Menacing (Penal Law 120.15) and Harassment in the Second Degree (Penal Law 240.26 [1]). By Affirmation dated November 16, 2015, Defendant moves to dismiss the accusatory instrument for facial insufficiency and for other relief. By Affirmation in Opposition dated November...
OPINION OF THE COURT ARMANDO MONTANO , J. Defendant is charged with criminal possession of a forged instrument in the third degree (Penal Law 170.20) and resisting arrest (Penal Law 205.30). Defendant moves for an order: (1) dismissing the charge of criminal possession of a forged instrument in the third degree as facially insufficient; (2) suppressing any and all physical evidence seized from defendant, or in the alternative, granting a hearing for findings of fact and conclusions...
ARMANDO MONTANO , J. Defendants are charged under an acting in concert theory of Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03) and related charges stemming from the execution of a search warrant on or about November 21, 2014 at approximately 6:35 p.m. at the premises located at 320 Morris Avenue, Apt. 4E, Bronx, New York. The arresting officer and the field team recovered from inside the apartment the following: one (1) ziplock bag containing marijuana,...
ALTHEA E. DRYSDALE , J. The defendant is charged under a misdemeanor complaint with (1) one count of Criminal Possession of Stolen Property in the Fifth Degree ( Penal Law ["PL"] 165.40 ), (2) one count of Resisting Arrest ( PL 205.30 ), (3) one count of Criminal Possession of a Controlled Substance in the Seventh Degree ( PL 220.03 ), and (4) two counts of Criminally Using Drug Paraphernalia in the Second Degree (under PL 220.50[2] and 220.50[3] ). The defendant moves to dismiss...
LISA A. SOKOLOFF , J. On April 31, 2014, Defendant DANNY D. TEJADA was arraigned on a misdemeanor complaint charging that on August 30, 2014 at about 11:15 PM, at the southwest corner of Park Avenue and East 122nd Street, New York County, Defendant committed four offenses: Operating a Vehicle While Intoxicated; per se (Vehicle and Traffic Law [VTL] 1192[2]), Operating a Vehicle While Intoxicated (VTL 1192[3]), Reckless Driving (VTL 1212), and Operating a Motor Vehicle While...
OPINION OF THE COURT ELISA S. KOENDERMAN , J. The defendant, Stuart Friedman, is charged by misdemeanor information 1 with criminal contempt in the second degree, Penal Law 215.50 (3). The defendant moves to dismiss, contending that the accusatory instrument is facially insufficient ( see CPL 170.30 [1] [a]) and that he has been denied his statutory right to a speedy trial ( see CPL 30.30 [1] [b]). Because the information fails to contain nonhearsay factual allegations establishing...
STEVEN M. STATSINGER, J. Defendant, charged with Criminal Mischief in the Fourth Degree, in violation of Penal Law 145.00(1), and Harassment in the Second Degree, in violation of Penal Law 240.26(1), moves for an order dismissing the Information pursuant to CPL 30.30. The Court has reviewed the entries and documents in the court file, the parties' motion papers, and the relevant statutes and case law. For the reasons discussed below, the Court finds that 23 days are chargeable to the...
OPINION OF THE COURT RICHARD J. MONTELIONE, J. Defendant moves, pursuant to Criminal Procedure Law 440.10 (1) (h), for an order vacating the judgment of conviction and sentence entered against him. On November 15, 2001, defendant pleaded guilty to attempted third-degree assault (Penal Law 110.00, 120.00 [1]). Defendant now asserts that he received inadequate assistance of counsel because he was not informed of the deportation risks at the time of his guilty plea. For the reasons stated...
STEVEN M. STATSINGER, J. Defendant, charged with three counts of Aggravated Harassment in the Second Degree, in violation of Penal Law 240.30(1)(a) and three counts of Criminal Contempt in the Second Degree in violation of Penal Law 215.30, moves to dismiss the counts of Aggravated Harassment in the Second Degree as facially insufficient. For the reasons discussed below, the Court GRANTS the motion to dismiss as to all counts. 1 I. FACTUAL BACKGROUND A. The Allegations According to...
OPINION OF THE COURT JOHN H. WILSON, J. Defendant is charged with one count each of endangering the welfare of a child (Penal Law 260.10) and criminal possession of a controlled substance in the seventh degree (Penal Law 220.03), both class A misdemeanors, as well as one count of unlawful possession of marijuana (Penal Law 221.05), a violation. By omnibus motion dated June 12, 2013, defendant seeks the following: dismissal of the charge of endangering the welfare of a child, asserting...
OPINION OF THE COURT MATTHEW A. SCIARRINO, JR., J. The People may use the defendant's refusal to take a blood alcohol content (BAC) test offered over two hours from arrest at the trial of the defendant, and the court's earlier decision is so modified. The defendant, David Harvin, is charged with operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law 1192 [3]) and other related charges. On April 17, 2013, a hearing was held before Judicial...
OPINION OF THE COURT LYNN R. KOTLER, J. On March 17, 2012, the defendant was arrested in connection with police response to protest activities regarding Occupy Wall Street (OWS). Defense counsel explains in his affirmation that "OWS has changed the national conversation about the economy and the state of our political system. As mainstream media voices have acknowledged, [OWS] `embodies a national frustration with broken democratic institutions.' [OWS] has `lofted the issue of inequality...
OPINION OF THE COURT ELISA S. KOENDERMAN, J. On June 13, 2012, at the defendant Victor Martini's arraignment on a superceding information, the court orally dismissed the charge of menacing in the third degree as facially insufficient pursuant to Criminal Procedure Law 140.45. This written decision explains the basis for the court's ruling. The defendant was originally charged in a misdemeanor information with menacing in the second degree (Penal Law 120.14) and harassment in the second...
ELISA S. KOENDERMAN, J. On June 13, 2012, at the defendant Victor Martini's arraignment on a superceding information, the Court orally dismissed the charge of Menacing in the Third Degree as facially insufficient pursuant to Criminal Procedure Law ["CPL"] 140.45. This written decision explains the basis for the Court's ruling. The defendant was originally charged in a misdemeanor information with Menacing in the Second Degree, Penal Law ["PL"] 120.14 and Harassment in the Second Degree,...
OPINION OF THE COURT MATTHEW A. SCIARRINO, JR., J. The defendant, a "member" of the "Occupy Wall Street Movement" (OWS), is charged with trespass (Penal Law 140.05), disorderly conduct (Penal Law 240.20 [6]) and obstructing governmental administration in the second degree (Penal Law 195.05) as a result of the alleged incidents that occurred on November 15, 2011 during the "eviction" of the occupiers from Zuccotti Park. The defendant, Ronnie Nunez now moves the court for an order inter...
JACQUELINE D. WILLIAMS, J. On April 6, 2010, the defendant was arraigned on a felony complaint, charging him with one count of Riot in the First Degree (PL 240.06(1)) and seven counts of Assault in the Third Degree (PL 120.00(1)). The grand jury proceeding commenced on June 3, 2010, and concluded on June 18, 2010. The grand jury directed the district attorney to file a Prosecutor's Information against the defendant, which was filed July 29, 2010, by Assistant District Attorney Joseph...
OPINION OF THE COURT MICHAEL GERSTEIN, J. We are asked to determine whether topical novelty condoms should be deemed expressive items similar to other First Amendment protected items for purposes of exempting vendors of those items from New York City's general vendor licensing statute, Administrative Code of the City of New York 20-453. Our decision requires analysis of First Amendment jurisprudence, as well as analysis of the statute upon which the charge is based and the items sold by...
