Articles Posted in New York City

Upon this Writ of Habeas Corpus, petitioner Elizabeth Stuart Calvert, the Law Guardian of Relator, seeks his release upon the grounds that Family Court Judge improperly adjourned the dispositional hearing beyond the total twenty (20) day period authorized for “good cause” under FCA § 350.1, subd. 5. A New York Family Lawyer said that, on July 6, 1987, the Relator, under 16 years of age, was arrested inside premises 849 Bruckner Boulevard, Bronx, New York, by Police Officer Gwendolyn Guy of the 41st Precinct, Bronx County. Thereafter, a Bronx Family Lawyer said that, a juvenile delinquency petition, under FCA § 311.1 was filed charging Relator with acts which, if an adult, constitute the crimes of: Burglary in the Second and Third Degrees; Criminal Trespass in the Second Degree; Possession of Burglar’s Tools and Criminal Mischief in the Fourth Degree. Relator was present, with his father and step-mother, represented by the Legal Aid Society, which entered a denial and objected to his remand until July 10, 1987, by Family Court Judge.

A Bronx Order of Protection Lawyer said that, on July 10, 1987, Relator pleaded guilty to Criminal Trespass in the Second Degree before the Judge in full satisfaction of the entire FCA § 311.1 petition. The case was set down for a dispositional hearing on July 20, 1987, with the New York City Probation Department (“Probation”) directed to investigate and report (“I & R”) Relator’s background and circumstances, as well as explore placement by the adjourned date. In addition, the Court’s Mental Health Services (“MHS”) was ordered to conduct a mental health study and status examination and report to the Court by the July 20, 1987, adjourned date. In the interim, Relator was remanded to the New York City Commissioner of Juvenile Justice (“CJJ”), which referred Relator to a non-secure detention (“NSD”) facility.

A New York Custody Lawyer said that, At about 11:30 P.M. on July 19, 1987, Relator left the NSD facility without permission, returning to his father’s and cousin’s home (same building) the next morning, claiming he spent most of the night outdoors. Relator’s father then telephoned the Police Department, which returned Relator to CJJ in a secure detention facility (Spofford Juvenile Center) and Family Court custody that morning, being the adjourned date. On July 20, 1987, Relator and his father appeared before Family Court Judge, receiving reports that the Probation Department had not begun its I& R and MHS, had to re-schedule its July 15, 1987 examination because CJJ failed to produce Relator. Since Relator was then detained over ten (10) days, a “good cause” finding was required under FCA § 350.1, subd. 3(a). Judge Lynch found such “good cause” over the objections of Relator and counsel, based upon Relator’s absence from Court that very morning, which probably prevented the Probation interview. A dispositional hearing was now re-scheduled for July 30, 1987, by the Judge ordering, as did Judge Fields on July 10, 1987, the New York City agencies (Probation and MHS) to take the identical actions (I & R and mental health study and status examinations) and make the same reports to the Court. According to Petitioner, the Court, “remarked that failure to complete these reports would require the Realtor’s release on parole on the adjourned date.”

The case involves a repetitive issue concerning domestic violence. A New York Family Lawyer said the complaining witness/victim of domestic violence wishes to recant her testimony. The recantations are the product of many imperatives, not all of which serve the interests of the victim or justice.

Defendant moved for an order, pursuant to CPL § 410.20(1), modifying the condition of probation as to participation in continued therapy and treatment for domestic violence and for an order vacating and/or modifying the order of protection of the Court dated 3 February 2010. Defense counsel moved post-conviction and post-sentencing for the aforesaid reliefs on three separate dockets after the defendant in a negotiated plea was convicted and sentenced to forty-five (45) days in jail, three (3) years of probation and a “stay away” order of protection in favor of the complainant. More specifically, the defendant in this case pled guilty to one count of Penal law § 120.45(2), stalking in the fourth degree, another count of Penal law § 215.50(3), criminal contempt in the second degree while the count of Penal law § 240.30(1), aggravated harassment in the second degree was dismissed in satisfaction.

The defendant’s motion was denied in its entirety.

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The husband, age 59 at the time of trial, first came to the United States. He became a member of the Excavators Union. While he was in Italy for approximately eight months, he married his defendant wife. A New York Family Lawyer said they moved into a four room house he owned in Italy. The record is not clear whether the house was already fully built or was still incomplete. Doors, a new roof and a back house were added thereafter. The husband did some of the work and paid for the rest. Prior to the marriage the husband acquired an additional plot of land adjoining the property on which the house stood, with his own funds and in his own name. The parties’ first child was born in Italy. At the time of the child’s birth the husband had already returned to America. Over the next nine years, the husband made three trips to Italy for a total of two years. During those years, the parties had three more children, all born in Italy, twins were born in October 1964 and a son born in July 1968. The wife maintained the house and cared for the children with some assistance from her parents and his parents during those nine years. She cared for the animals, grew crops, and worked as a seamstress and supported herself and the children with limited assistance sent by her husband from America.

A New York Custody Lawyer said upon the insistence of the wife, the husband, by then an American citizen, brought his wife and four children to New York in December 1971. The family took up residence in a small Bronx apartment which the husband had rented.

Within two months of her arrival, the wife began to work as a seamstress, in a factory and at home. She maintained this occupation almost continuously from then until the time of trial, earning between $140 and $150 per week. A Nassau County Family Lawyer said she also maintained the household. The husband was then earning approximately $300 per week. He paid the rent for the apartment, and for a subsequent apartment to which the family moved, at the rate of $120 per month, as well as gas, electric and telephone bills. He made mortgage payments of approximately $140 per month on the parcels of unimproved land which he purchased. The income tax returns of the parties indicate a range of income for the family from $7,000 in 1971 to $21,000 in 1974. The extent to which the husband and the wife each provided funds for food, clothing, etc. is unclear from the record.