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Questions Answered by George Vomvolakis
1 Answer | Asked in Criminal Law for New York on
Q: What exactly is robbery 1st class c
George Vomvolakis
George Vomvolakis answered on Jun 22, 2011

Robbery in the First Degree is when someone forcibly steals property and he causes serious physical injury to a person not involved in the crime, or he is armed with a deadly weapon, or he uses or threathens the immediate use of a dangerous instrument, or he displays what appears to be a firearm.

1 Answer | Asked in Criminal Law for New York on
Q: Does a guilty plea to a NY City administrative violation drinking in public constitute a criminal offense?
George Vomvolakis
George Vomvolakis answered on Jun 22, 2011

No. This offense is classified as a violation and not as a crime.

1 Answer | Asked in Criminal Law for New York on
Q: How many years are you sentence for fraud?
George Vomvolakis
George Vomvolakis answered on Jun 22, 2011

There are many different types of fraud. It is impossible to determine someone's sentence without knowing more about their situation such as, the level of fraud, the amount fraudently taken, the defendant's criminal history, etc. With more specific information, we can provide you with a... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Ny statute of limitations for arson, criminal mischief and conspiracy
George Vomvolakis
George Vomvolakis answered on Jun 1, 2011

Each of these crimes have various degrees of severity from misdemeanor up to felonies. The felonies have a 5 year statute of limitations.

1 Answer | Asked in Criminal Law for New York on
Q: Are brady and rosario violations cause for a mistrial
George Vomvolakis
George Vomvolakis answered on Jun 1, 2011

Brady and/or Rosario violations could definitely cause a mistrial. It would depend on the specific circumstances of the case.

1 Answer | Asked in Criminal Law for New York on
Q: What is the statue of limitations on crimnal forge instrument 2nd
George Vomvolakis
George Vomvolakis answered on May 17, 2011

Criminal Possession of a Forged Instrument in the Second Degree is a "D" felony. The statute of limitations is 5 years.

1 Answer | Asked in Criminal Law for New York on
Q: What is the sentence got a first time asalt in the third degree and endangering the welfare of a child
George Vomvolakis
George Vomvolakis answered on May 17, 2011

Both of those charges are A misdemeanors and carry a maximum sentence of 1 year in jail. The actual sentence will depend on various factors such as the injury to the victim, the defendant's remorse, the amount of evidence or the lack of evidence, etc.

1 Answer | Asked in Criminal Law for New York on
Q: If a second felony conviction is overturned, will that decrease a 25 to life sentence?
George Vomvolakis
George Vomvolakis answered on May 17, 2011

It depends on whether the sentence that was imposed was determined based on the defendant's second felony conviction.

1 Answer | Asked in Criminal Law for New York on
Q: Burglary 2nd.guilty verdict.no physical evidence.2nd felony but never went to prison.how much time am i facing?
George Vomvolakis
George Vomvolakis answered on May 17, 2011

Burglary 2nd Degree is a "C" violent felony. If you don't have a prior felony within the last 10 years you face a sentence between 3.5 and 15 years. If you have a prior non-violent felony the range is between 5 and 15 years and if you have a prior violent felony the range is between 7 and 15... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If a joint is found on the street after myself and friend has been searched and placed in a police car can they chargeme
George Vomvolakis
George Vomvolakis answered on May 17, 2011

Unfortunately the police can charge whatever they think they can prove. The better question is "will the charge stick?" The police will have to prove that they observed you or your friend throw the joint in the street. If they did, then they can charge you with posession and with tampering with... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Does the DA have to give 710.30 notice of identification testimony intended to be offered when no ID procedure occurred?

The supporting deposition includes information that the complaining witness observed the Defendant near the location of the scene of the crime, at the time the crime was committed. I assume the DA will intend to offer this testimony at trial, however no 710.30 notice has been served. Can I move to... Read more »

George Vomvolakis
George Vomvolakis answered on Apr 8, 2011

Unfortunately, the answer is most likely no. Since this was not a police arranged identification procedure 710.30 notice need not be given.

1 Answer | Asked in Criminal Law for New York on
Q: Where can i get the manual of parole policy and procedures?
George Vomvolakis
George Vomvolakis answered on Apr 8, 2011

Check out the various publications put out by the NYS Division of Parole at https://www.parole.state.ny.us/publications.html

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