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Articles Posted in New York

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Defendant Claims Officer Testimony Inaddmissible

A New York Criminal Lawyer said sometime in 1980, two police officers were sitting in an unmarked police car conducting surveillance of a street corner where there had been reports of crack possession and sale. The police officers observed a man sell a tinfoil packet to another man. The police…

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Defendant Challenges the Accuracy of Breathalyzer Instrument

A New York Criminal Lawyer said on 11 March 2007 at 4:58 A.M., a police officer who was trained to estimate the speed of a moving vehicle observed defendant traveling at about 90 miles per hour on the Long Island Expressway. The officer confirmed that estimate by a laser device…

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Wife Contends Husband Violated Order for Protection

A former wife commenced a Family Court proceeding alleging that her husband argued with her, cursed at her and destroyed her property. The wife also alleged that on prior occasions, her husband had assaulted and threatened her. She requested and received an order of protection from the Family Court that…

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Husband and Wife Both Seek Custody of Children

A woman and his partner both filed for child custody petition in Court. The woman was born and raised in Florida where she lived with her mother and father until her parents divorced. She continued to live with her father until she was 22 and got her own apartment. The…

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Defendant Contends Evidence from Previous Trial Should Not be Admitted

Defendant was charged of the felony of possessing a quantity of a narcotic drug, heroin, or heroin possession, with intent to sell; a drug crime. A New York Criminal Lawyer defendant had pleaded guilty to an attempt to commit the crime charged (criminal law) and, with the court’s consent, had…

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Man with History of Domestic Violence Applies for Gun Permit

A man applied to the license division of the police department for a premises pistol permit. As required by the application, the man answered numerous questions pertaining to his qualification. The questions include as to whether he had ever been arrested and was an order of protection ever issued against…

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Court Says Evidence is Protected by Common Law Victim-Counselor Privledge

A woman charged a man with criminal action of various felonies arising from alleged domestic violence. A non-profit corporation has moved to quash a subpoena issued by the District Attorney to provide the address and telephone number of the complainant of the criminal action. The non-profit corporation asserts that in…

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Defendant Argues that Search of Vehicle was Illegal

Whenever evidence of a crime is discovered by police during an inventory search of a person’s vehicle, it is subject to scrutiny. Inventory searches are administrative searches. That means that the police department or agency maintains documents in their standard operating procedures manual that indicates that an inventory of an…

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Court Discusses Role of Counsel at Grand Jury Proceeding

A man indicted for drug crimes such as cocaine possession with intent to sell, denied that he had sold cocaine, but testified to his crack possession of three vials for his own use. A police officer testified that he observed the accused man receive money from an unidentified woman and…

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