New York Criminal Defense Lawyer Blog

A person –other than a youthful offender- convicted in New York of any felony or specified misdemeanor offense must provide a DNA specimen for the State DNA Databank pursuant to Executive Law §995(7). The following is a list of the specified misdemeanors:

• Assault in the 3rd degree [Pl §120.00];
• Attempted aggravated assault upon a person less than 11 years old[ PL §§110/120.12];
• Attempted menacing in the 1st degree[PL §§[110/120.13];
• Menacing in the 2nd degree [PL §120.14];
• Menacing in the 3rd degree [PL §120.15];
• Reckless endangerment in the 2nd degree[PL §120.20];
• Stalking in the 4th degree[PL §§ 120.45];
• Stalking in the 3rd degree [PL §120.50];
• Attempted stalking in the 2nd degree [PL§ 110/120.55] ;
• Sexual misconduct [PL §130.20];
• Attempted sexual misconduct [PL §110.00/130.20];
• Attempted rape in the 3rd degree [PL §§110/130.25];
• Attempted criminal sexual act in the 3rd degree [PL§110/130.40];
• Forcible touching [PL§130.52];
• Attempted forcible touching [PL §§ 110/130.52] (if the victim is less than 18 or the defendant has previously been convicted of a sex offense or sexually violent offense, or 130.52 or 130.55, or an attempt thereof);
• Attempted persistent sexual abuse [PL §§110 130.53];
• Sexual abuse in the 3rd [ PL §130.55];
• Attempted sexual abuse in the 3rd degree [ PL§§110/130.55] (where victim is less than 18 OR offender has previously been convicted of a sex offense or sexually violent offense, or 130.52 or 130.55, or an attempt thereof)
• Sexual abuse in the 2d degree [PL §130.60];
• Attempted sexual abuse in the 2d degree [PL §§110/130.60];
• Attempted aggravated sexual abuse in the 4th degree [PL §110/130.65];
• Unlawful imprisonment in the 2d degree [ PL §135.05];
• Attempted unlawful imprisonment 2d [ PL 110/135.05] (where victim is less than 18 and Defendant is not parent);
• Attempted unlawful imprisonment in the 1st [Pl §§110.00/135.05];
• Criminal trespass in the second degree[PL§140.15];
• Possession of burglar's tools [PL § 140.35];
• Petit larceny [PL § 155.25];
• Endangering the welfare of a child [PL§ 260.10];
• Endangering the welfare of an incompetent or physically disabled person [PL §260.25];
• Patronizing a prostitute in the 3rd degree [230.14] (where the person patronized is in fact less than seventeen years of age);
• Attempted patronizing a prostitute in the 3rd degree [PL §§110/230.04];
• Attempted patronizing a prostitute in the 2d degree PL §§110/230.05];
• Attempted incest [PL §§110/255.25];
• Attempted possessing an obscene sexual performance by a child [PL §§110/263.11]; and
• Attempted possessing a sexual performance by a child [PL §§110/263.16].

Posted by George P. Conway | Permalink | Email This Post

Posted In: New York Criminal Process

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A New York criminal court judge must declare a mistrial and order a new trial upon a motion by the defense if an error or legal defect occurs in the proceedings during the trial that is prejudicial to the defendant or denies the defendant a fair trial. [CPL § 280.10(1)] A New York criminal court judge must also declare a mistrial and order a new trial at the request of the defendant if there is conduct inside or outside the courtroom that is prejudicial to the defendant or denies the defendant a fair trial. [CPL § 280.10(1)] If there are multiple criminal defendants in the case, the criminal court judge must grant a mistrial only for the defendant who made the motion for a mistrial and for the defendant’s who joined in the motion for a mistrial. [CPL § 280.10(1)] The trial must proceed forward with respect to any defendant who did not make the motion for a mistrial or did not join in the motion for a mistrial. [CPL § 280.10(1)]

A New York criminal court judge must grant a mistrial at the request of the people if the people’s case against the defendant suffers substantial and irreparable prejudice due to the gross misconduct of the defendant or another person acting on behalf of the defendant regardless of whether the misconduct occurs inside or outside the courtroom. [CPL § 280.10(2)] In a case involving multiple defendants, the trial will proceed for any defendant who the people’s case did not suffer substantial and irreparable prejudice due to the gross misconduct and who was not responsible in any way for the gross misconduct. [CPL § 280.10(2)]

If it is physically impossible to proceed with a criminal trial in compliance with the law, the criminal court judge must declare a mistrial and order a new trial upon a motion by either party or upon the court’s own motion. [CPL § 280.10(3)]

Posted by George P. Conway | Permalink | Email This Post

Posted In: New York Criminal Process

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