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Articles Posted in Criminal Procedure

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Defendant Contends Unlawful Stop and Frisk

Police patrol officers encounter a wide variety of calls for service. Some of these calls are hazardous some are humorous. Some of these calls are somewhere in between the two. That was the case when two seasoned patrol officers in New York responded to a radio call in the early…

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Court Determines if New Sentencing Statute Applies

The Facts: On 15 December 1981, defendant was convicted of several drug crimes (which includes marijuana possession, heroin possession, etc.), viz: Criminal Sale of a Controlled Substance in the First Degree, Conspiracy in the Second Degree and Criminal Use of Drug Paraphernalia in the Second Degree. Defendant was sentenced to…

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Defense Argues Probable Cause Not Present

A woman is charged with three counts of Criminal Possession of a Weapon. She has moved to suppress the firearms that were seized from her and her boyfriend’s house following the issuance of a search warrant that was targeted not at her, but at her boyfriend. She contends that the…

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Defendant Moves to Suppress Physical Evidence

The Facts: An NYPD Officer, a nine-year veteran, investigates drug sales in lower Manhattan. He has made 500 narcotics-related arrests. A New York Criminal Lawyer said that on 28 February 2010, the officer and his partner entered the New York City Housing Authority (NYCHA) building. They were there to conduct…

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Court Decides if Defendant is Eligible for Resentencing

The Facts: On 16 October 1994, defendant was arrested for selling $20 of cocaine to an undercover police officer. On 27 January 1997, he was convicted of Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree (drug possession).…

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