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Articles Posted in Criminal Procedure

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Defendant Seeks to Withdraw his Plea Based on Duress

Defendant was indicted in three separate indictments by a Grand Jury charging him with two counts of assault in the second degree, escape in the second degree and resisting arrest; two counts of grand larceny in the third degree; and two counts of grand larceny in the second degree and…

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Defendant Charged with Stealing Contents of Airplane Hangar

In this case, a security officer assigned at an airline’s hangar at Kennedy Airport was approached on numerous occasions in the spring of 1976 by the defendant, who indicated an interest in securing entry to the hangar and in taking money from the safe therein. The security officer was offered…

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Defendant Contends She Did Not Know She was Possessing Drugs

A New York Criminal Lawyer said this case involves a 17 year old juvenile who is challenging an adjudication made against her for possession of drug paraphernalia. Case Background The girl was driving her car with three friends. She was involved in a car accident. When the police arrived at…

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Defendant Charged with Criminal Facilitation in the 4th Degree

An appeal was made by the accused man from a judgment of the County Supreme Court rendered on October 26, 1983, convicting him of four counts of criminal facilitation in the fourth degree, upon a jury verdict, and the imposing sentence. A New York Criminal Lawyer said the judgment was…

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Defendant Claims Drugs Weren’t His

A New York Criminal Lawyer said the defendant is appealing two orders that were made by the County Circuit Court. The first order that is being appealed denied his motion for post-conviction relief. The second order revoked his probation and imposed a prison sentence. The defendant raises three main points…

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Court Discusses Single Transaction Rule in Marijuana Possession Case

The appellant in this case was charged with selling a controlled substance, cannabis and for having more than five grams of cannabis. A New York Criminal Lawyer said the appellant was convicted on both charges and was sentenced separately for each of the crimes. The appellant argues that the trial…

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Juvenile is Charged with Cocaine and Marijuana Possession

A juvenile is appealing adjudications made against him that found him guilty of possession of cocaine and marijuana. A New York Criminal Lawyer said he states that the trial court erred when they denied his motion for judgment of acquittal when the state had failed to present substantial evidence to…

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Defendant Found With Stolen Prescription Pad

The Facts of the Case: On 9 October 1980, at approximately 11:30 A.M., the defendant was arrested on East 40th Street in Manhattan, in possession of a blank prescription pad bearing the name of a certain doctor, a hypodermic syringe, twelve tablets of Triavil, and one bottle of Procaine. Thereafter,…

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Court Determines if 18yr. Old Must Register as a Sex Offender Under SORA

An 18 year old man was indicted in Florida for Sexual Battery in October 1997. When he was arrested and arraigned under the indictment, the 18-year old entered a nolo contendere plea (this means he did not plead guilty or not guilty but that he was not contending the indictment).…

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