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Court Discusses Buying and Receiving of Stolen Goods

  The Defendant was indicted for Criminally Buying and Receiving Stolen Property as a Felony, Criminally Concealing and withholding as a Felony, Knowingly have in his possession a motor vehicle the identification mark of which had been altered, destroyed or removed for the purpose of concealment or misrepresenting the identity…

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Court Discusses Questioning an Intoxicated Defendant after Receiving Miranda Rights

People v. Johnson Court Discusses Questioning an Intoxicated Defendant after Receiving Miranda Rights The defendant, who hit a parked motor vehicle, was arrested for operating a motor vehicle while under the influence of alcohol. The defendant was arrested after the police officer observed that he defendant had bloodshot eyes, slurred…

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Appellant Moves to Dismiss Charges Under CPL 170.40

Defendant is charged with violations of Stalking in the Fourth Degree, Harassment in the Second Degree, Harassment in the Second Degree, Aggravated Harassment in the Second Degree, Aggravated Harassment in the Second Degree, Aggravated Harassment in the Second Degree. The incidents that led to these charges concern telephone calls Defendant…

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Court Discusses the Motion for Summary Judgment in Relation to the Serious Injuries Sustained by the Plaintiff

Court Discusses the Motion for Summary Judgment in Relation to the Serious Injuries Sustained by the Plaintiff The plaintiff alleged that he suffered injuries as a result of an accident that occurred on January 1, 2005 when the first defendant collided into the plaintiff. The plaintiff bought an action for…

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Court Discusses the Contributory Negligence in a Wrongful Death Lawsuit

The plaintiff, who was deceased, drowned when the motor vehicle he was driving broke through a retaining wall, falling into the water. The plaintiff sued to recover damages for wrongful death and conscious pain and suffering. The plaintiff’s estate asserted that the retaining wall was not constructed properly to withstand…

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Court Discusses a Defendant’s Confrontation Rights Regarding Breathalyzer Machines

The Defendant was arrested of driving under the influence after the arresting officer observed his erratic behavior including swerving and nearly striking the traffic delineators. The defendant took a breathalyzer test which revealed that his alcohol content was above the legal limit. The defendant was convicted of driving under the…

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