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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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New York Court Reviews Evidence in Lawsuit Against Theatre for Showing Alleged Pornographic Materials

On January 22, 1971, while the Petitioner Amusement Corporation was the operator of a Theatre, it and its theatre manager were charged with criminal information violating the obscenity statute Penal Law. The basis of the charges was the showing of two allegedly obscene sex motion pictures and two allegedly obscene…

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