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Articles Posted in Criminal Proceedure

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Court Listens to Motion for Resentencing, Affirms NY Supreme Court Decision

A New York Criminal Lawyer said in this criminal case, the underlying drug crime involved a large quantity of cocaine possession. A Bronx Drug Crime Lawyer said that, defendant was indicted for first-degree criminal possession of a controlled substance, but was permitted to plead guilty to third-degree possession and released…

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New York Courts Discuss Restructure of Court System

A New York Criminal Lawyer said the Court Officers Benevolent Association of Nassau County (“COBANC”) is the exclusive bargaining agent for certain court employees located in Nassau County, including employees in the Major I title. The Petitioner, is currently the president of COBANC and co-petitioners, are all employed in courts…

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Court Decides Whether to Admit Reports into Evidence

A New York Criminal Lawyer said the grand jury of April 1975 submitted four reports to the court concerning four separate investigations. All four reports were submitted pursuant to provisions of the Criminal Procedure Law and contain proposed recommendations for legislative, executive and administrative action in the public interest based…

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NY Appellate Court Discusses Whether Defendant’s Indictment Should be Dismissed

A New York Criminal Lawyer said that, the defendant stands indicted for two counts of sodomy in the third degree, three counts of sodomy in the third degree, and one count of sex abuse in the second degree. The sodomy counts are Class E felonies and the sex abuse count…

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Petitioner Appeals Jury Verdict Regarding Mental Competency

A New York Criminal Lawyer said that this is a proceeding that transpired in January 2010 wherein the court presided over a jury trial conducted under Article 10 of the Mental Hygiene Law to determine whether respondent currently has a mental abnormality as defined by MHL§10.03(i). On 13 January 2010,…

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Defendant Raises Question Over Use of Breathalyzer Tests Admitted as Evidence in DUI Case

In January of 2005, a man received two moving violations: one for speeding and one for a New York DWI. Because a New York DWI is a criminal violation, the man was not only ticketed but also arrested and faced criminal charges. There were two officers involved in the interaction…

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Plaintiff Challenges Domestic Violence Prevention Act in New York Court

On April 18, 2007, police responded to a home in Queens, New York. What they found there was a horror. Four bodies were found dead in the home. One was an elderly woman. A second was the companion of the woman. The third was a home health care worker assigned…

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