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Articles Posted in Criminal Procedure

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Court Discusses Drug Crime of Facilitation

A New York Criminal Lawyer said that, defendant L. is charged with facilitating a felony with respect to a “buy and bust” operation, in that, as reflected in the indictment “the defendant L. believing it was probable that he was rendering aid to T.P., a person who intended to commit…

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Court Discusses Lesser Included Offenses

A man was charged with breaking and entering with intent to commit a felony. He was convicted of the lesser included offense of breaking and entering or entering without breaking with intent to commit a misdemeanor. He appeals the judgment and sentence. A New York Criminal Lawyer said the man…

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Defendant Contends Court Lacks Jurisdiction

In this criminal case, appellant was informed against in the Criminal Court of Record of West Palm Beach County for grand larceny. A New York Criminal Lawyer said that, he was arraigned on the information and entered a plea of not guilty. At the beginning of the trial, which was…

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Court Discusses the Elements of Conspiracy

This involves a case where the court dismissed the indictment against defendants for conspiracy in the fourth degree (two counts), hindering prosecution in the third degree (two counts) and official misconduct (two counts). a New York Criminal Lawyer said that in the early 1960s, JF, a resident of Queens County…

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Court Decides if it Erred on Classifying Accused as a Level One Sex Offender

A man lived in his mother’s house with his sister who was a minor. One day, the man chanced upon his sister in the bathroom of their house. The man tried to rape his sister. The sister resisted and was able to escape from her brother. A New York Criminal…

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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 Contends Mental Hygiene Hearing was Unnecessary

This is a case for appeal being heard in the Third Department, Appellate Division of the Supreme Court in the State of New York. Mark S. is the appellant of the case and the State of New York is the respondent. Mark S. is appealing two orders that were made…

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Court Discusses Concept of Double Jeopardy

In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, #2, and #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…

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