Criminal prosecutions in New York are confined by constitutional and statutory protections for people accused of crimes in this state. The state rules of evidence and criminal procedure prevent prosecutors from eliciting certain types of testimony and other evidence that is determined to be inadmissible hearsay. Hearsay involves an out-of-court…
Articles Posted in SEX CRIMES
New York Defendant Denied Right to Jury Trial in Recent Criminal Case
In a recent New York sexual abuse case, the defendant unsuccessfully argued that he had the right to a jury trial under the U.S. Constitution. After being charged with and several sex crimes, the defendant asked for a jury trial so that he could get a fair hearing before potentially…
New York Defendant Successfully Appeals Conviction in Sexual Assault Case
In a recent case involving a New York Sex Crime , the defendant successfully appealed his conviction of predatory sexual assault against a child. The defendant was originally found guilty in November 2016, after he went through a jury trial based on his charges and received an unfavorable verdict. He…
New York Court Denies Defendant’s Appeal in Sexual Assault Case
In a recent opinion from a New York court, the defendant in a child sexual assault case lost his appeal after he attempted to argue that the prosecution had behaved unfairly during his trial. The court disagreed, reviewing the prosecutor’s conduct and concluding that it was all acceptable. The defendant’s…
New York Appellate Division Vacates or Reduces Several Sex Crime Convictions
When juries are given the ability to determine a defendant’s guilt, the stigma of the crimes alleged sometimes plays a larger factor in the jury’s decision than evaluation of the required elements of the crime. Because of this, it is extremely important in the administration of criminal justice that juries…
New York Sex Offenses: A Comprehensive Look at State Law
In New York, sex crimes vary in type, degree, and consequences. To know the law and know where you stand, it is important to familiarize yourself with the various elements of each crime. Staying informed and hiring an experienced sex crimes defense lawyer are the best ways to guarantee you…
Court Grants Defendant’s Motion to Suppress in New York Child Abuse Case After Violation of Defendant’s Right to Counsel
Recently, a state appellate court issued an opinion in a New York child abuse case requiring the court to determine if an interview conducted by a child protective services caseworker was in violation of the defendant’s right to counsel. Ultimately, the court determined that the interview was indeed a violation…
New York Criminal Trials in a Post-COVID World
The COVID-19 pandemic had a profound impact on the country and its ability to function. However, the effect of the pandemic was felt the hardest in New York City. As the number of new cases continues to decline, government functions are starting to resume. Of course, this includes New York…
New York Court Determines Sex Offender Did Not Need to Register Facebook Account
Sex offenses are serious crimes, and a conviction for a New York sex crime can carry with it many repercussions aside from potential jail time. One of the most onerous consequences for those who have been convicted of a sex offense is the requirement that they register as a sex…
New York Court Concludes Out-of-State Conviction for Murder of a Minor Does Not Require Sex-Offender Registration
The New York State Sex Offender Registration Act (SORA), has added a very serious consequence to the commission of many crimes. The requirements of SORA apply to both New York State convictions and to conviction from other states, if the convicted person is or becomes a New York resident. Earlier…