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CASE NAME:People v. G.M.
ALL PLAINTIFFS:People of the State of New York
ALL DEFENDANTS:G.M.
CITATION:2011 N.Y.S. 2d 761 (2011)
DOCKET NUMBER:
SOURCE:Lexis Search
TYPE OF CASE:Criminal
RELATED CASE CITATION:
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Hon. Toko Serita
YEAR OF ARREST:1997
YEAR OF VERDICT:2011
TYPE OF COURT:State Court
STATE:New York
FEDERAL DISTRICT:
STATE COUNTY:Criminal Court of the City of New York, Queens County
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Dominican Republic
METHOD OF ENTRY INTO THE U.S.:B-1/B-2 visa
WAS VICTIM CHARGED WITH A CRIME:Yes
NUMBER OF DEFENDANT(S):1
GENDER OF DEFENDANT(S):Female
TYPE OF INDUSTRY:Sex
CASE CATEGORIZATION:Commercial Sexual Exploitation/Prostitution
FIRST CHARGE:Prostitution (2 counts)
FIRST CHARGE US/STATE CODE CITATION:N.Y. Penal § 230.00
FIRST CHARGE VERDICT/PLEA:Guilty Plea
FIRST CHARGE SENTENCE:
SECOND CHARGE:Trespass
SECOND CHARGE US/STATE CODE CITATION:N.Y. Penal § 140.10
SECOND CHARGE VERDICT/PLEA:Guilty Plea
SECOND CHARGE SENTENCE:
THIRD CHARGE:Criminal possession of a controlled substance
THIRD CHARGE US/STATE CODE CITATION:N.Y. Penal § 220.3
THIRD CHARGE VERDICT/PLEA:Guilty Plea
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APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Plea
APPELLATE OPINION CITATION:2011 NY Slip Op 21176 (2011)
HOLDING OF APPEALS COURT:Vacate
APPEAL STILL PENDING?:No
SUMMARY:

Victim-defendant "G.M." a native of the Dominican Republic, met D.S. while G.M. was on a tourist visa to the Untied States. The two eventually married, after which defendant began abusing G.M. G.M. returned to the Dominican Republic, but was eventually enticed back to the United States when G.M. promised to help her with her immigration status. D.S. continued to abuse G.M., including by forcing G.M. to engage in prostitution, trespass, and possession of a controlled substance through threat of physical harm or actual violence ("he would threaten to kill her or harm her children in the Dominican Republic"). During this time, G.M. was arrested for several offenses, including prostitution.

In 2009, G.M. obtained a T-visa, and appealed her guilty pleas on grounds that she, as a non-English speaking Dominican woman, had taken the pleas without counsel. The convictions were vacated.

Approval Status:Approved
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