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New York Court of Appeals Determines if Defendant Was a Stranger to the Victim at the Time of the Crime

The question before the court is whether the people have established through clear and convincing evidence that the defendant was a stranger to the victim at the time of the rape. The answer will determine whether he is a Level 2 sex offender based on the facts, the court says…

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NY Appellate Court Discusses Methods of Measuring Intoxication in DWI Cases

DWI in NY: Driving While Intoxicated – VTL 1192.3 Driving While Intoxicated is a dangerous habit among the drivers in the country. It is said that it is not just dangerous; the law likewise punished the drivers who are found to be intoxicated while driving. Driving While Intoxicated is just…

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Defendant Asserts that Presumption Under 165.15 is Unconstitutional, New York Appellate Court Weighs In

An offender, indicted for the crimes of grand larceny in the second degree (six counts), grand larceny in the third degree (three counts), petit larceny (one count), criminal tampering in the second degree (five counts), and theft of services (five counts), brings this omnibus motion to (1) inspect the grand…

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Court Looks at Case Regarding Suit Against Common Carrier for Disabled Patients

A New York Criminal on July 29, 2009, Anne Graper called Access-A-Ride, a paratransit service in New York, to pick her up the following day and to take her to “Special Surgery Hospital” to visit her daughter who just had a hip surgery. According to Ms. Graper, the driver dropped…

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NY Appellate Court Says Statutes of limitations are Different for Each Crime

A New York Criminal Lawyer said the statutes of limitations are different for each crime or civil action. It is important to learn what the statute of limitations is that a particular court action covers. However, statutes of limitations are not carved in stone. There are exceptions to the time…

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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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