WAYNE F. CROWE, JR., an attorney duly licensed to practice law before the Courts of the State of New York, affirms under the penalties of perjury that the following statements are true and accurate: 1. I am the attorney for the Petitioner in the above-referenced special proceeding, wherein Petitioner seeks an Order of Protection against his brother in law, Respondent Joza. 2. The Respondent has moved herein for an order pursuant to CPLR §3211(a)(7) dismissing the Petitioner’s family offense petition and requests that this Court vacate the Temporary Order of Protection issued in conjunction therewith. For the reasons that follow, the Respondent’s motion must be dismissed. 3. In essence, Respondent is seeking amplification of the pleadings, …show more content…
The facts as taken as true and all reasonable inferences that flow therefrom establish that a course of conduct was taken by Respondent against Petitioner. 9. In People v Pugash, 179 Misc2d 819 (S. Ct. Appellate Term, 2d Dept 1999) the Court held that three telephone calls from the defendant to the victim was sufficient to establish a course of conduct as required by Penal Law § 240.26. 10. Case law suggests that an isolated incident is insufficient to make a prima facie showing of harassment, but does not establish a bright line rule about the quantity of incidents that constitute a course of conduct. In this case, the petition alleges several text messages and fully describes at least two of them. This is sufficient to establish a course of conduct. 11. For an intentional crime, the perpetrator must engage in conduct with the conscious objective and purpose of causing a particular unlawful result. People v Atkinson, 21 AD3d 145 (2d Dept 2005). Intent for the purposes of statutory requirements under the Penal Law can be inferred from the act itself or from the defendant’s [Respondent’s] conduct and the surrounding circumstances. People v Bracey, 41 NY2d 296 (1977). More importantly, “t]he question of whether [respondent] acted with the requisite intent to harass, annoy, or alarm the complainant is an issue to be determined at trial. People v Grimaldi, 49 Misc 3d 1204(A) [Crim Ct
Are the defendant's actions can be counted as intentional, even if he did not want to hit the plaintif?
It is demanded that the review department order that "Ms. Eraka Watson" be disbarred from the practice of law in this State and her name be stricken from the roll of attorneys.
Defendant submits the following Memorandum in Opposition to the Plaintiff’s motion to amend their complaint.
The written statements you obtained covered only the basic details of the case. These statements did not provide enough information to meet the elements of the crime. The victim’s statement did not provide when the “no contact” order was issued, time the offense occurred or who were the witnesses. The witness statements also lacked many details that could have helped with this case. After reading the statements that were provided, you should have either conducted an audio statement or conducted a question and answer written statement to establish the elements of the crime. This would have provided more information and made for a stronger
The respondent argues that the release he signed should be set aside as unconscionable because he was under duress. The repellants argue that
TC: On August 16, 2016, Ms. Tierra Brown (victim) contacted this Agent via telephone, in reference to the Subject. It was inquired if the Subject was still in contact with Ms. Brown and if she needed any resources from our agency due to the Protection Order that was filed against the Subject by her. Ms. Brown advised that the Subject and she have not been in contact with each other and was unware of any Protection Order that was filed against him. Ms. Brown states that she will contact the Court to report the Subject has been falsely accused.
24 (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence. (R.S.C., 1985, c. C-46 from Laws Website)
Intentional Tort: Torts actionable upon evidence of an intent to cause harm on another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy.
Upon arrival, I made contact with the complainant, who I identified as Rachel Switzer through a previous encounter. Switzer advised that moments before my arrival, she had taken place in a verbal argument with a male subject that was still inside his residence at the above address. I did not observe any physical injuries to Switzer. Switzer stated that the male subject had picked her up and brought her to his residence to spend time together. Switzer stated the argument was over her willingness to take a bath. Switzer advised that the male subject and her have dated in the past for a total of
Under new york penal law ,has the defendant intentionally place the victim in harms way?
STATEMENT OF ASSIGNMENT: Sam Kant has requested that our office represent him in his defense against shoplifting charges.
in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,
• The accused or accusers will be advised in writing of the procedure to be followed.
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
The true definition of intention is not very clear, as there are different definitions by different courts. The term ‘intention’ in criminal law has been defined as direct intention whereby a consequence is intended and desired by the defendant, and indirect (oblique) intentionwhereby the defendant can foresee a virtual certainty.Many seriouscrimes require the proof of intention or recklessness on the part of defendant, and in criminal proceedings, the court or jury must decide whether the accused has the intention or the ability to foresee the result of his actions by reference to all circumstances of the case. Thus, ‘intention’ can be classified as particular, general and