THEFT CRIMES Category Archives — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

The Difficulty of Overturning the Denial of a Motion to Suppress in New York Criminal Courts

November 30, 2024 | Tilem & Associates

In a New York criminal case, an experienced criminal defense lawyer will often file what’s called a motion to suppress, asking the trial court to exclude incriminating evidence from the trial record based upon the fact that the evidence was unlawfully obtained by law enforcement. If the trial court denies this motion, it can be very hard to successfully appeal the denial. A recent case before the New York Appellate Division, Second Judicial Department, reminds us of this stark reality.

In the case, the defendant was charged with and convicted of criminal possession of stolen property in the third degree and criminal possession of a forged instrument in the second degree. His case began when officers, patrolling a neighborhood with reports of burglaries, approached the defendant as he carried a FedEx package. The defendant had just left a residential home’s front porch, and he gave the officers inconsistent answers for why he was walking the neighborhood in the first place. When he showed the officers his ID, one of the officers recognized that the ID was counterfeit.

During the course of the interaction, the defendant dropped the FedEx package on the ground, and the officers found $20,000 in cash inside the package. The defendant was then criminally charged. He filed a motion to suppress his statements to the police officers.

The Importance of Putting Forward Sufficient Evidence During Your Criminal Case

October 21, 2024 | Peter Howard Tilem

The United States Constitution provides that the defendant has no duty to present any evidence showing that they didn’t commit a crime because it’s the government burden to prove guilt; not the defendant’s burden to prove their innocence. However, when thinking through litigation strategy in any realm, it is important to put forth as much helpful evidence as possible as you build your case for a judge or jury. In preparing for a sentencing hearing it is important to have helpful, specific and mitigating evidence. In a recent criminal case before the New York Appellate Division, Third Department, the defendant lost on appeal, in part because her evidence and testimony were “vague and imprecise.” The opinion serves as a reminder to work relentlessly to meet your burden when trying to win your case or when trying to get your charges dropped altogether.

Facts of the Case

In the case before the Appellate Division, the defendant pled guilty to robbery in the first degree, and the court issued a protective order in favor of the victim in the case. Apparently, during the robbery in question, the defendant had physically harmed the victim, including by pouring toxic household cleaners on her body while she was pregnant. The court sentenced the defendant to nine years in prison.

The Defendant’s Appeal

On appeal, the defendant argued that she was a victim of domestic violence at the hands of a member of the same household at the time of the robbery. She argued that the domestic violence committed against her acted as a significant contributor to her own criminal behavior. The court should have considered this factor and sentenced her to less time in prison as a result.

Criminal Case in New York Demonstrates Importance of Diligent and Detail-Oriented Representation

September 2, 2024 | Peter Howard Tilem

A September 2024 Grand Larceny case in New York demonstrates how crucial it is to carefully review every agreement you sign related to your criminal offense. The case was based on the theft of a cell phone, and it originally resulted in a sentence of one year in prison. The defendant ultimately got his conviction reversed on appeal. The case serves as a reminder that if you are facing criminal charges in New York, you need a thorough and detail-oriented defense attorney in your corner to carefully represent your best interest.

Facts of the Case

The defendant in this case originally faced criminal charges when he snatched a cell phone from another person. The State charged him with fourth-degree grand larceny, petit larceny, and fifth-degree criminal possession of stolen property. Importantly, the complaint that brought the case to court did not state anything about the defendant using force at any point during the incident.

Superior Court Information

The defendant later waived his right to be prosecuted by indictment. Instead, he opted to be prosecuted by what is called a “superior court information,” meaning he chose to waive indictment by a grand jury. According to the superior court information, the defendant was charged with third-degree robbery and petit larceny.

Show-Ups in New York Criminal Cases: What You Need to Know

July 11, 2024 | Peter Howard Tilem

In criminal law, a “show-up” is the process through which a witness and a suspect are together face-to-face for the purpose of the witness’s ability to identify whether the suspect indeed committed the crime. A “Show-Up” identification is by its very nature suggestive, as opposed to a line-up identification in which a victim or witness has the opportunity to choose from a group of 6 individuals. Therefore rules are in place that govern how and when a show-up can be employed. In a recent case before a New York court, the defendant argued that the show-up in his case was overly suggestive and therefore unfair. The court reviewed the defendant’s appeal and ultimately disagreed with his argument, affirming his original robbery conviction in the process.

Case Law Around Show-Ups

According to New York case law, courts generally prefer procedures other than show-ups, given that it can be suggestive for a witness to make an identification while face to face with a suspect. However, if there are emergency circumstances, a show-up is permissible. The show-up is also permissible if the witness can view the suspect close to where the crime occurred and close to the time at which the crime occurred.

A June 2024 Case

In the June 2024 case, the defendant argued his show-up was prejudicial. In this case, police officers responded to a robbery committed by two individuals. One individual immediately fled to a nearby house, and officers found and arrested him immediately. In looking for the second individual, the officers drove a witness through the neighborhood to see if he could make any kind of identification. Eventually, the officers and the witness returned to the house, where additional officers had apprehended a second suspect. Upon seeing the second suspect, the witness immediately identified him as the person who committed the robbery. Officers then arrested and charged the defendant with robbery.

Recent Opinion from Chief Judge Highlights Inadequacies of New York Justice System

February 5, 2024 | Tilem & Associates

In a recent opinion from the New York State Court of Appeals, the chief judge delivered a concurrence that highlights some of the difficulties involved in litigating criminal cases. The opinion centers around an incident in which three pedestrians got into a verbal altercation, after which the defendant stole one of the individual’s phones. The defendant was later convicted of larceny and perjury, and he was sentenced to four to eight years in prison. The judge’s concurrence talks through some of his own frustrations with how the trial court failed to take certain factors into account when sentencing the defendant.

Background of the Case

The opinion describes the incident in question, during which a woman and her boyfriend were walking down the street and almost collided with a bicyclist. The three individuals began yelling at each other in what became a heated conversation. Ultimately, the bicyclist, later named as the defendant in this case, stole the woman’s phone and fled.
The woman called the police, and they were able to quickly find the defendant. He was charged with larceny, and he was called to testify before a grand jury. In connection with that testimony, the defendant was later charged with perjury.

The defendant was later convicted of fourth-degree larceny and two counts of first-degree perjury. The trial court sentenced him to time in prison, which added up to between four and eight years.

New York Defendant Unsuccessfully Appeals Robbery Conviction, As Court Rules that State Successfully Established His Identity at Trial

October 17, 2023 | Peter Howard Tilem

In a recent New York criminal case before the Appellate Division, Third Department, a New York defendant appealed his convictions of robbery in the first degree and robbery in the second degree. In his appeal, the defendant argued that the State failed to establish his identity as the person who committed the offense. The higher court, reviewing the trial court’s record, eventually disagreed with the defendant and affirmed his conviction and sentence. The case serves as an important illustration of the difficulties that defendants face when attempting to run a misidentification defense.

Facts of the Case

According to the opinion, the proprietor of a local convenience store closed up shop around 2:30 a.m. one evening. As he was locking the store, two assailants grabbed him, held a knife to his body, and told him to take them into the convenience store. Once there, they ordered him to give them money from the cash register. The assailants both fled with several hundred dollars.

After several weeks of investigating the crime, officers arrested the defendant in this case as one of the two assailants. He was charged with several crimes, two of which were robbery in the first degree and robbery in the second degree. His case went to trial, and a jury found him guilty as charged. The defendant promptly appealed the guilty verdict.

New York Court Rules Defendants Entitled to New Trial After Issues During Jury Selection

September 13, 2023 | Peter Howard Tilem

In a recent case before the Appellate Division, First Department in New York, the court decided another issue regarding jury selection in favor of two defendants who the Court said were entitled to a new trial after a possible error in jury selection prior to the the trial. The defendants were originally found guilty of robbery in the first degree, robbery in the second degree, and gang assault in the first degree after a jury trial. The defendants appealed, arguing that the trial court improperly denied their challenges to jury selection before trial. The higher court granted the defendants’ appeal, siding with the defendants and remanding their case back to the lower court.

Facts of the Case

According to the opinion, the two defendants in this case were charged several years ago after a violent robbery. The case went to trial, and before trial began, the court began the process of selecting a jury for the trial.
During jury selection, each side is allowed to object to several possible jurors that could end up deciding the case. In this jury selection in particular, the prosecution objected to five possible jurors — all of these possible jurors were nonwhite. When the defense challenged these objections, arguing they could have been based on the potential jury members’ race, the court dismissed the challenge and quickly moved on.
Ultimately, the jury found the defendants guilty, and the defendants appealed.

The Decision

On appeal, the defendants argued that the court should have allowed them to fully challenge the prosecution’s objections during jury selection. According to case law under a case called Batson v. Kentucky, the court is required to allow defendants an opportunity to present a full challenge to the opposing party’s decision to object to a possible jury member. The Baston challenges come into play specifically when one side wants to object to the other side’s jury selection on the grounds of race, ethnicity, or sex.

New York Court Denies Defendant’s Appeal in Burglary Case, Despite Questionable Use of Security Footage

August 6, 2023 | Peter Howard Tilem

In a July 2023 burglary case before the Appellate Division, Second Department in New York, the defendant highlighted possible issues in identifying a suspect through surveillance footage. This case involved a defendant who was charged with and eventually convicted of Burglary in the Second Degree. The defendant appealed his conviction, arguing in part that the trial court made a mistake when it allowed non-eyewitnesses to identify him in a home surveillance video as the person who had committed the burglary. Looking at the trial court’s record, the higher court denied the defendant’s appeal.

The Facts of the Case

According to the opinion, the defendant broke into a home one evening when the residents were out. He stole several items, all of which he brought back to his bedroom, which was located in a group home for mentally ill adults. The house’s residents had high-tech home surveillance footage, which they shared with the police after the burglary.

The investigators reviewed the footage, and eventually, several of the defendant’s parole officers identified the defendant as the person who committed the robbery. The State charged the defendant with burglary, grand larceny, criminal possession of a weapon in the third degree, petit larceny, and criminal mischief. His case went to trial, and a jury unanimously found him guilty. The court then sentenced him to time in prison as a result.

Appellate Division Reverses Lower Court’s Judgment in NY Robbery and Criminal Possession Case, Highlighting the Importance of Unbiased Courts

July 30, 2023 | Tilem & Associates

In a June 2023 case before the Appellate Division, Second Department in New York, the defendant successfully argued for a reversal of his conviction of robbery in the third degree and criminal possession of stolen property in the fifth degree. Originally, a jury found the defendant guilty after an incident during which he took several pairs of footwear from a department store. On appeal, he argued that the lower court deprived him of his constitutionally guaranteed right to a fair trial. Looking at the record, the higher court agreed with the defendant and granted him an entirely new trial.

Facts of the Case

According to the opinion, the defendant walked in and out of a department store one afternoon in August 2018. When he walked out, the storm alarm started blaring, and a store security guard noticed that he had taken several pairs of footwear with him.

The security guard followed the defendant and tried to retrieve the stolen goods. The defendant reached for his back pocket and said, “Keep going or watch what’s going to happen to you.” The guard let the defendant go, but he summoned police officers to the scene. The officers arrested the defendant several minutes later, close to a subway station, and the defendant was criminally charged.

Defendant in New York Robbery Case Loses on Appeal of Motion to Suppress

February 12, 2023 | Peter Howard Tilem

In a robbery case before a New York appeals court earlier this month, the defendant asked the court to reconsider an unfavorable decision he received at the trial court level. Originally, the defendant was criminally charged with robbery and criminal possession of a weapon, and he asked the lower court to suppress incriminating evidence that an officer found on his person while conducting a search. The court denied the defendant’s motion to suppress, and on appeal, the higher court agreed. The defendant’s argument was rejected, and the original judgment was affirmed.

Facts of the Case

According to the opinion, police officers were called to a residential building one night right as a robbery was taking place. The officers arrested several people at the scene of the crime, then they walked out of the building to find the defendant emerging from a driveway nearby. The driveway was right behind the building where the offense occurred, and the officers approached the defendant to see if he knew anything about the crime.

At that point, the officers tried to ask the defendant several questions, but he immediately began running away. The officers chased him, caught up to him, and arrested him. They quickly found a cell phone and cash on the defendant’s person; the cell phone had several incriminating text messages that ended up playing a part in the State’s case against the defendant.