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Articles Posted in Criminal Procedure

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Court Discusses Charge of Criminal Facilitiation

A man was indicted on charges of four counts of grand larceny in the second degree. He was arraigned and he was tried. A New York Criminal Lawyer said that after the presentation of the evidence for the prosecution, the counsel for the accused asked the court that instead of…

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Defendant Found Breaking into Vehicle with Screwdriver

A man, the herein defendant, was observed by a police officer breaking into a motor vehicle using a screwdriver. He was then arrested and indicted. A New York Criminal Lawyer said the indictment originally charged him with, inter alia, attempted grand larceny in the second degree based on an allegation…

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Defendant Claims an Error was Made in Sentencing

The petitioner is a federal prisoner who has petitioned to have an error of law in the calculation of his sentenced based on a Supreme Court Decision that interpreted sentence guidelines. This decision was made eleven years after the defendant was sentenced. A New York Criminal Lawyer said the issue…

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Court Reverses Grand Larceny Indictment

In this proceeding, an intermediate order denying a motion to dismiss an indictment will have a review from the Supreme Court. A New York Criminal Lawyer said it appears from evidence presented that a bank, a trust company and another corporation executed a statement of trust receipt financing. At the…

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Defendant Questions Court Jurisdiction

The Facts of the Case: Defendants stole people’s identities, committed bank fraud when opened fraudulent bank accounts in the victims’ names, and transferred money from the victims’ legitimate bank accounts to the fraudulent ones they controlled from an extensive enterprise which they oversaw. Thus, a New York Criminal Lawyer said…

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Defendant Claims that Theft Charges Were Time Barred

In 1991, the man assumed administrative duties at a nursing home. He became its principal operator in 1995. A New York Criminal Lawyer said at all relevant times, the nursing home was a participant in the Medicaid programs and was reimbursed through such programs for services provided to each state’s…

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Court Maintains that Grand Larceny Must be Proven Beyond a Reasonable Doubt

The Facts of the Case: A New York Criminal Lawyer said on 16 May 1984, defendant was convicted by the County Court of Nassau County of grand larceny in the second degree (three counts), grand larceny in the third degree, petit larceny, commercial bribing or bribery in the first degree…

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Court Discusses Elements of Grand Larceny in the Second Degree

A man was accused of the crimes of criminal mischief in the second degree, two counts of criminal mischief in the fourth degree, two counts of grand larceny in the second degree and two counts of attempted grand larceny in the second degree. A New York Criminal Lawyer said the…

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Court Finds Scheme to Defraud Regarding DEC Permits

A New York Criminal Lawyer said the counts charge the defendants in conjunction with payments made by several corporation/parties. It is the theory of the prosecution that criminal liability attached to the actions of the defendants because the money which the defendants obtained as a result of the transactions involving…

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Court Discusses Grand Larceny by Means of Extortion

A man approached the sitting executive director of the New York State Republican Committee. He told the executive director that he will expose the criminal acts and official misconduct by a high-ranking elective Republican official. He also said that he will consider keeping quiet if he was given the amount…

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