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Articles Posted in Criminal Procedure

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The General Construction Law sets forth certain rules for the construction

The defendant man charged with Criminal Possession of a Controlled Substance in the Seventh Degree, Criminally Using Drug Paraphernalia in the Second Degree and Unlawful Possession of Marijuana moves to dismiss the accusatory instrument on speedy trial grounds alleging that the complainants failed to announce their readiness for trial within…

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To commit stalking in the first degree there is a requirement of injury

In this Criminal action, petitioner initially filed a petition, alleging a family offense. This petition alleges the respondent committed the acts of aggravated harassment in the second degree, stalking in the first degree and disorderly conduct. The entirety of petitioner’s allegations are that respondent: continues to harass, aggravate, intimidate, frighten…

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The issue to be resolved in this case is whether the Court has jurisdiction over the case.

A company provides services as a third party benefits administrator of health benefit plans. The petitioner is the former principal owner and Chief Executive Officer of this company. In July 1995, Respondents purchased said benefit plans company from Petitioner. To ensure an orderly transition, the parties agreed that petitioner was…

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In rem forfeitures such as these continue to exist on the federal and state levels

In this criminal case, petitioner filed a motion seeking an order granting a preliminary injunction pursuant to CPLR 1333, enjoining the defendant from directly or indirectly effecting or furthering the sale, gift, transfer, pledge or mortgage of money not to exceed $10,000 held by European American Bank and Nassau County…

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Two New York State Police Troopers observed the defendant

The defendant pleaded guilty to conspiracy in the fifth degree in connection with his purchase of cocaine from another individual. At sentencing, the court suspended the defendant’s driver’s license for a period of six months, in accordance with the Vehicle and Traffic Law because the defendant’s conviction was drug-related. On…

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