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Articles Posted in New York

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Court Discusses 5th Amendment Double Jeopardy Issue

On the morning of December 15, 1971 two men and a woman were observed entering the New York residence of the husband and his wife carrying empty shopping bags or, in Grant’s case, with a collapse valise. A New York Criminal Lawyer said when they departed, the three left with…

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Court Discusses Whether Constitution Rights of Inmates has been Violated

Respondent inmates brought this class action in Federal District Court challenging the constitutionality of numerous conditions of confinement and practices in the Metropolitan Correctional Center (MCC), a federally operated short-term custodial facility in New York City designed primarily to house pretrial detainees for federal criminal offense. A New York Criminal…

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Court Discusses Search Warrant

This case is about the validity of a search warrant which authorized a search of the premises where defendant resided, and also of another residential unit distantly located. A New York Criminal Lawyer said whether the warrant itself is sufficient; and whether by collateral estoppel the infirmity of the warrant…

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Defendants Move for Summary Judgment

This involves a case where the Supreme Court Appellate division held that conceivability is not equivalent to foreseebility. The Court herein granted defendant’s motion for summary judgment dismissing the complaint. A New York Criminal Lawyer said the plaintiff was a tenant in a building located at 584 Academy Street in…

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Defendant Denied Right to Counsel

This case is about the Prosecution’s appeal from the order of the Supreme Court, Queens County, dated May 12, 1982, which granted defendant’s motion to suppress certain statements since his Fourth and Fifth Amendment rights were violated by the Police Officers. A New York Criminal Lawyer said on March 12,…

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Defendant Claims He was Denied Due Process

In a disciplinary case, the Supreme Judicial Court of the Commonwealth of Massachusetts vacated an order imposing a two-year suspension on K. and entered a judgment suspending K. from the practice of law for four years, retroactive to October 24, 1997. K’s disciplinary proceeding in Massachusetts arose as a result…

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Court Finds No Probable Cause for Search

On January 20, 1984, two police officers were on patrol in a marked police car, when they observed a white, 2-door Pontiac stopped or standing adjacent to a fire hydrant, at the intersection in the Bronx. The police officer who had been operating the patrol car stopped and requested the…

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Court Discusses Crime of Barbituate Possession

At about 6:30 p.m., a 15 year old boy violated the criminal law. The boy was in unlawful barbiturates possession (Drug Possession) that can only be obtained by a doctor’s prescription. The boy, prior to his arrest, has been observed by the witness being approached by another youth who placed…

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