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Articles Posted in Westchester County

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Court Discusses Elements of Grand Larceny

A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. A New York Criminal Lawyer said the resident of the apartment left the apartment door open and left the man at the door…

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Defendant Moves to Supress Evidence in Vehicular Manslaughter Case

The Facts of the Case: On around 18 to 19 of October 2007, at around midnight, the defendant went to a nightclub with his girlfriend “A”, a friend of his girlfriend “B”, and another individual “C”. A New York Criminal Lawyer said after drinking alcohol at the nightclub, the defendant…

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Court Discusses Constructive Possession in Drug Case

The defendant in this case was found guilty of possession of more than 20 grams of marijuana and possession of drug paraphernalia. A New York Criminal Lawyer said that on appeal, the defendant contends that the trial court erred in denying her motion for dismissal for the paraphernalia offense and…

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Defendants Contend Evidence was Not Admitted Properly

The defendants and appellants in this case were convicted on a number of different accounts that involved trafficking marijuana. They are raising a number of different claims against their convictions. The main issues that are being raised are whether or not the district court properly denied motions to suppress the…

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Defendant Contends that Initial Police Stop was Pre-Textual

The defendant in this case is challenging a judgment and sentence that she received for trafficking methamphetamines, a felony marijuana possession of drug paraphernalia. She was charged with carrying a concealed weapon as well. In support of her challenge the defendant states that the court made a mistake by not…

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Defendant Contends Police Lacked Probable Cause in Drug Possession Case

Case Background The police responded to a citizen’s report that marijuana was being grown in an open field. When the police officer arrived at the area described he found between 40 and 50 marijuana plants growing about a hundred yards from a home that was occupied. A New York Criminal…

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Court Hears Case Based on Professional Misconduct

On February 20, 1967, the then City Manager of respondent city of Independence, appointed petitioner to an indefinite term as Chief of Police. In 1972, petitioner and a new City Manager, engaged in a dispute over petitioner’s administration of the Police Department’s property room. In March of that year, a…

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New York law provides that the murders must have been committed by the person engaged in the commission of or an attempt to commit a felony

A man who owned a bar saw two of his customers having an argument while inside the bar. He went over to them and told them to take their argument outside. The two men left the bar and stayed on the sidewalk just outside the bar and the argument escalated…

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Court Decides Parole for Sex Offender

Petitioner is an inmate at a correctional facility at Franklin County. He filed the petition for a Writ of Habeas Corpus to question his imprisonment under the custody of the New York correctional services wherein the accused asserted the limitations and conditions set for his particular residence amounted to question…

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Court Discusses Concept of Reasonable Suspicion

In this criminal case, at the hearing, the People called two witnesses: New York Drug Enforcement Administration Special Agent Salvador Aceves, and New York City Police Department Detective John Reilly. The defense called no witnesses. Agent Aceves testified that on April 3, 2008, he, along with his supervisor, K.B, and…

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