Threats of Immediate Force to be Judged on Totality of the Circumstances to Prove Robbery

In People v Villanueva, 2017 NY Slip Op 01299, the First Department affirmed the defendant’s conviction for Robbery in the Second Degree even though the threat of force was to be inflicted by another party in the future should the victim refuse to comply. In Villanueva, the defendant – Carolina Villanueva – was arrested and charged with her co-defendant Ruby

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Flight by One Member of a Group Does not Raise Suspicion for the Rest of the Group

in People v Thompson, 2015 NY Slip Op 03605, the First Department reversed the defendant’s conviction and dismissed the indictment against the defendant. In Thompson, the defendant – Latiff Thompson – was arrested and charged with gun possession, and after trial he was sentenced to 12 years in prison. The facts of the case are pretty straight forward. The arresting

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Court of Appeals Decides that Defendant Who Gave HIV to Victim Did Not Act With Depraved Indifference

The facts of the case of People v. Williams are a sad reminder that even the people closest to us are capable of doing terrible things to us. According to the recitation of facts by the Court of Appeals, “the victim and defendant Terrance Williams became friends in July 2010. Their friendship turned intimate sometime later in the summer, when

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Conviction Overturned Because the Prosecutor Improperly Rebutted the Alibi Witness

In People v Crevelle, the Court found that the trial Court committed error in allowing the District Attorney to call witnesses in rebuttal to the defendant’s alibi witness. In this shooting case, which ultimately resulted in Mr. Crevelle’s conviction for attempted murder, the defendant called his girlfriend as an alibi witness to say he was with her at the time

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Contractor with Ties to former NYPD Commissioner Gets a New Trial

Peter DiTommaso, a contractor with ties to disgraced former New York City Police Commissioner Bernard Kerik has won his appeal to the First Department, Appellate Division, and will receive a new trial unless there is another disposition reached. Mr. DiTommaso’s conviction was overturned when the appellate court found that the trial court incorrectly allowed into evidence the grand jury testimony

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