Click Here to Watch How To Find A Lawyer by Kent Morlan
Click Here For The Best Brooklyn Criminal Defense Lawyer Directory
If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer for free.
Description: Brooklyn, New York criminal law lawyer represented Defendant charged with committing a Hobbs Act robbery and conspiracy to commit Hobbs Act robbery.
At approximately 10 p.m. following the Gotham Day stakes races at Aqueduct, Lamel Miller, age 39, and co-conspirator, Lafayette Morrison, age 39, held up at gunpoint several racetrack employees – including Morrison, who was employed as a racetrack security guard – as they were transporting more than $284,000 in cash earnings to a vault. Miller and the co-conspirator emerged from their hiding spot in a stairwell and confronted the employees at gunpoint, taking the cash and employees’ cell phones, and forcing the employees into a closet. Miller and the co-conspirator then went to a hotel where they divided up the robbery proceeds; they each took $100,000 and gave the remaining $84,000 to Morrison who had posed as a victim during the robbery, but who was actually the robbery crew’s “inside man,” providing information in advance about where and when the money would be transported to the vault. When interviewed by federal law enforcement officers after the robbery, Morrison repeatedly lied to officers, including by claiming to be a victim of the crime and misidentifying a photograph of his childhood friend, Miller.
“Their armed robbery of Aqueduct Racetrack played out like a Hollywood movie heist, but with a bad ending for the defendants who now face steep prison sentences,” stated United States Attorney Peace. “Today’s verdict proves once again that it is a losing bet to commit a violent crime and think that you will outrun the law.”
“This should serve as a warning to those who believe that armed robbery will be tolerated by the law enforcement community and the public,” said ATF Special Agent-in-Charge DeVito. “The men and women of ATF, and our NYPD partners in the ATF Strategic Pattern Armed Robbery and Technical Apprehension (SPARTA) Group, are at work daily to investigate and arrest those who believe they can prey on New Yorkers without consequence. Thanks to the NYPD’s Queens Robbery Squad and U.S. Attorney's office for the outcome of this case.”
“This violent robbery plot, featuring a racetrack security guard who betrayed his duty, showed a callous disregard for several victims,” said NYPD Commissioner Sewell. “Thanks to our joint law enforcement efforts, those responsible will now bear the consequences of their despicable acts. I want to thank our NYPD officers, the U.S. Attorney for the Eastern District, the ATF’s New York Field Division, and everyone involved in this case for their exceptional work.”
Assistant United States Attorneys Matthew R. Galeotti and Rachel A. Shanies are in charge of the prosecution, with the assistance of paralegal Anna November.
Generally speaking a person commits armed robbery by stealing property from someone else using violence or intimidation and while carrying a dangerous weapon.
18 U.S.C. 1951 provides:
(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
(b) As used in this section—
(1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.
(2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
(3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
18 U.S.C. 3551 provides:
(a) In General.—Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.
(b) Individuals.—An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
(c) Organizations.—An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
Outcome: 10/19/2022 Minute Entry for proceedings held before Judge Ann M. Donnelly: Jury trial as to Lafayette Morrison, and Lamel Miller held on 10/19/2022. Appearances by AUSA Matthew Galeotti, AUSA Rachel Shanies, and AUSA Robert Pokmeni. Jason Goldman for defendant Morrison (present on bond). Michael Sporn and Stephen Turano for defendant Miller (present in custody). Case called. Witnesses sworn and testified. Exhibits marked and entered into evidence. Jury trial continued to 10/20/2022 at 9:30 a.m., in Courtroom 4G North. (Court Reporter Andronikh Barna.) (DG) (Entered: 10/19/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments:
