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Articles Posted in Criminal Procedure

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Court Discusses the Elements of Petit Larceny

In this petit larceny case, this court reversed appellant’s conviction for robbery and “remanded for judgment and sentence for petit larceny.” However, after remand, at the state’s request, the trial court sentenced appellant for felony petit theft. A Seminole Petit Larceny Lawyer said that, appellant appeals, arguing that the charging…

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Accused Refused on the taking of DNA Samples Because it Would be Tantamount to Giving Evidence Against Himself.

Seven men were grouped together outside a house. They were talking loudly together and drinking. One of the neighbors called the police and so two uniformed police officers were dispatched to the scene. The police officers had their police badges and did not have their guns drawn. As they were…

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Court Discusses “Suitable Residence” Requirement for Defendant’s Parole

This case is about the Petition for a Writ of Habeas Corpus filed by the Petitioner who challenged his continued incarceration in the custody of the New York State Department of Correctional Services (DOCS). He argued that the delinquent time assessment imposed on November 5, 2008 following his final parole…

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The Issue in this Case is Whether Defendant’s Guilt was Proven Beyond a Reasonable Doubt.

In this criminal case, defendant appealed from a judgment of the County Court, Nassau County (Jonas, J.), rendered November 18, 1991, convicting him of attempted murder in the first degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the second degree, criminal possession of…

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Defendant Claims He Was Not Given Adequate Notice of Grand Larceny Charges

In this criminal case, the proof established that in the five-year period from 1984 to 1989, the defendant represented himself as a spiritual healer, generally charging people $20 per consultation. During the consultations, the defendant purported to transform himself into various spirits who would offer advice and claim that they…

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The issue in this case is whether the superior court information was jurisdictionally defective because it charged a crime of a higher degree than any of the crimes charged in the felony complaint

On November 22, 2006, defendant executed in open court a written waiver of his constitutional right to be prosecuted by indictment and consented to be prosecuted instead by a superior court information charging him with first-degree of grand larceny, which requires that the value of the property stolen exceed $…

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Prison Inmates Contend Constitutional Rights Were 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 Hears Case Based on Professional Misconduct

On February 20, 1967, the then City Manager of respondent city of Independence, appointed petitioner to an indefinite term as Chief of Police. In 1972, petitioner and a new City Manager, engaged in a dispute over petitioner’s administration of the Police Department’s property room. In March of that year, a…

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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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Defendant Claims Double Jeopardy for Drug Charges

A complainant man seeks an order to prevent the justices of the Supreme Court and the district attorney from proceeding to try him on an allegation returned against him by the grand jury. A New York Criminal Lawyer said the indictment charges the complainant and another man with various degrees…

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