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…
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…
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…
Court Discusses Legal Malpractice in Forfeiture Action
The plaintiff was arrested and charged for driving while intoxicated DWI on October 30, 2002, after a breathalyzer test revealed that his blood alcohol content was .30 percent. His motor vehicle used while driving was also seized and later held for forfeiture action. He entered a guilty felony plea for…
Court Discusses Effect of Delay by the Prosecution on Criminal Proceedings
The defendant was charged with driving while intoxicated on April 10, 1983 and was ordered to return to court on May 12, 1983. The defendant failed to appear on the specified date and a bench warrant was issued for his arrest after a felony complaint was filed charging the defendant…
Court Discusses Whether a Prison term was Excessive
The defendant was convicted of possession of stolen property in the second degree, upon his plea of guilty while awaiting sentence on an unrelated matter. During his plea allocation, the defendant was promised a sentence of probation, to be served concurrently with his previous probation sentence, provided that he did…
Court Discusses Summary Judgment Motion in Personal Injury Accident for the Owner of a Motor Vehicle
The plaintiffs who were passengers in a town car that was involved in a collision sued for a damaged as a result of the injuries suffered. The plaintiffs sued the both the driver of motor vehicle that was responsible for the accident as well as the owner of the town…
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…
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…