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Articles Posted in Brooklyn

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Consent to Search Questioned

Seldom has this Court considered a more spectacular or bizarre case than this habeas corpus petition of an experienced Texas criminal lawyer, former mayor of the City of Pasadena, Texas, who was found guilty in Texas State Court of being the mastermind and accomplice in an especially brutal and horrible…

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Defendant Contends He Was Improperly Sentenced in Grand Larceny Offense

This is a proceeding brought pursuant to Article 78 of the CPLR to prohibit respondent Covington, a Justice of the Supreme Court, Bronx County from vacating petitioners’ convictions and the sentences imposed thereon in violation of Article 440 of the Criminal Procedure Law, and to prohibit respondents J.C. and P.G.,…

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Court Discusses Conspiracy to Sell Drugs Charges

This involves a case where the court ruled that the indictment against the defendant be reinstated. During 1981 police officers conducted a large-scale investigation into the distribution of narcotics in New York, Queens and Bronx counties. A New York Criminal Lawyer said the investigation, which included a number of drug…

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Defendants Claim Court Erred in Sentencing

The Facts of the Case: A building containing offices and retail establishments was broken into and burglarized. Moments after the silent alarm system went off, the appellants, along with a third person, were found inside including various tools that were apparently used in the burglary. Consequently, appellants were charged and…

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Court Discusses Grand Larceny vs. Petit Larceny Charges

A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. The resident of the apartment left the apartment door open and left the man at the door while she went inside the apartment…

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Defendant Contests Risk Assessment Designation

Defendant W. was arrested for acting in concert with J.S. in allegedly committing the crimes of Kidnapping in the First Degree (Penal Law § 135.25 [1]), Rape in the First Degree (Penal Law § 130.35 [1]), Sodomy in the First Degree (Penal Law § 130.50 [1]), and Unlawful Imprisonment in…

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Court Decides Fourth Amendment Issue

On February 26, 2001, Detective McSherry, Sergeant MC and Police Officer F., assigned to anticrime patrol in an unmarked Chevrolet Blazer and traveling northbound on Valentine Avenue in Bronx, were stopped at a red light at the intersection of Valentine Avenue and 184th Street, a high crime area. The Chevrolet…

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Court Discusses Doctor Patient Privledge

Hospitals in 1955 were required by the statutory law of New York to report all procedures that involve the termination of a pregnancy. The superintendent of all New York hospitals is required to report each procedure and to subdivide the procedures into categories that reflect the nature of the termination…

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