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Defendant Brings Motion Under CPLR Article 78

The petitioner, an inmate at Coxsackie Correctional Facility, has commenced the instant CPLR Article 78 proceeding to review a determination by respondent New York State Board of Parole denying his request for discretionary release. Respondent opposes the petition seeking its dismissal. Currently, the petitioner is serving an indeterminate prison sentence…

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Petitioner Granted New Trial Based on Lack of Evidence for Drug Charges

The petitioner was arrested and charged with several serious crimes. Some of the charges included attempted criminal possession of drugs in the first degree, kidnapping in the second degree, criminal possession of a weapon and attempted robbery in the first degree. The petitioner was held without bail and was indicted…

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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 Appeals Order of Disposition Regarding Alleged Probation Violation

A Lawyer said that, in a juvenile delinquency proceeding pursuant to Family Court Act article 3, defendant appealed the order of disposition of the Family Court, Queens County, dated February 10, 2005, which, upon a fact-finding order of the same court dated November 22, 2004, made after a hearing, finding…

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