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Articles Posted in Bronx

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In Consecutive Sentences it Depends on Whether the Acts Were Committed with the Requisite Intent

An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…

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Court Looks at Complex Resentencing Issue for Defendant

Defendant was convicted of Criminal Sale of a Controlled Substance in the Third Degree and on November 19, 2002 given an indeterminate sentence of imprisonment with a term of 2-6 years. A Bronx Drug Crime Lawyer said that, the People assert that the Defendant engaged in the sale of $350…

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Husband Accused of Lying Under Oath

The complainant husband was granted an uncontested divorce from defendant-wife on the ground of constructive abandonment. This cause of action, often referred to as sexual abandonment, is perhaps the ground most widely used in proceedings where both sides agree to the divorce. A New York Criminal Lawyer said that as…

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Defendant Claims Insufficiency of Evidence in Heroin Possession Case

Defendant was charged with a drug crime, particularly, for possession of heroin and filed an appeal before the court for his conviction. Appellant averred that there was insufficiency of evidence, admissibility of the testimony pertaining to other drugs than those of which he was indicted and trial judge’s charge to…

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Defendant Charged with Grand Larceny and Petit Larceny Challenges Sufficiency of Evidence

A man, who was found guilty of grand larceny and petit larceny, filed an appeal and urges the insufficiency of the evidence to support his convictions. But, the court finds the evidence sufficient to support the charges. The court therefore affirmed the conviction and sentence. Based on records, a New…

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Defendant Contends Constructive Possession Could Not be Established in Drug Case

An undercover officer observed the accused hand a third party several glassines of heroin in exchange for money. When the officer solicited two glassines, the accused insisted that the alleged buyer first snort some heroin and, upon the officer refusing, the accused walked away without consummating that sale. When the…

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Defendant Contends Court Erred in Imposing Consecutive Sentences

An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…

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Court Discusses Dual Sovereignties Doctrine

In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, 2 &3, along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from May, 1971 until the filing…

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Mental Health Facility Refuses to Admit Mentally Ill Defendant After Acquitted from Crime

The director of mental health division refused to admit the petitioner who was acquitted from her criminal charges for petit larceny by reason of insanity. The district court rendered a commitment order of the insane person at a mental health facility of the Florida state. However, the director refused to…

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