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Articles Posted in Criminal Procedure

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Court Hears Bank Fraud Case

The savings bank filed a motion for summary judgment in its action against the mortgage corporation and the guarantors for breaches of loan agreement and guaranty agreement, respectively, by the latter and for their charges against another defendant for the commission of bank fraud. The plaintiff entered into a contract…

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Court Listens to Drug Charges

Defendant Riley M. was arrested and charged with criminal possession of a controlled substance in the seventh degree (drug possession) (Penal Law sec. 220.03), criminally using drug paraphernalia in the second degree (Penal Law sec. 220.50), loitering in the first degree (Penal Law sec. 240.36), resisting arrest (Penal Law sec.…

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Court Finds Citation Should be Dimissed for Lack of Service

Probate laws are specific about timed deadlines. In New York, Surrogate’s Court Act §59(2) provides that timely service of a probate citation to appear or produce documents must be served in a certain period of time. The time that is allowed for a document to be produced once a person…

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Defendant Moves to Suppress Physical Evidence

This is an appeal by the defendant from a judgment of the County Court, Nassau County, rendered October 21, 1993, convicting him of murder in the second degree (two counts), robbery in the first degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of…

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Defendant Contends That Dendants

On September 24, 2005, Police Officer Frantz Demorin of the 47th Precinct was on uniformed patrol with his partner, Police Officer Merritt, traveling southbound on Bronx Boulevard in the Bronx. Officer Demorin was driving the patrol car and his partner was seated in the front passenger seat. As he approached…

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Defendant Contends Line of Questioning was Prejudiced

A man was arrested and charged with criminal heroin possession and sale sometime in August of 1973. The man stood trial and opted to testify in his own behalf. A New York Criminal Lawyer said he testified that the police officers who arrested him pressured him into becoming a police…

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Court Decides Alleged Mistreatment of Citizens of Philadephia

Two suits, permitted to proceed as class actions, were brought in District Court under 42 U.S.C. § 1983 by respondents, individuals and organizations, against petitioners, the Mayor of Philadelphia, the Police Commissioner, and others, alleging a pervasive pattern of illegal and unconstitutional police mistreatment of minority citizens in particular and…

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