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Articles Posted in New York

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Defendant Contends Police Did Not Have Reasonable Suspicion for Search

A New York Drug Possession Lawyer said an accused man appealed from a summary judgment of the Supreme Court. He was convicted for violating criminal law through committing drug crimes. The accused man was sentenced for his alleged criminal sale of a controlled substance in the third degree, crack possession…

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Court Discusses Role of Counsel at Grand Jury Proceeding

A man indicted for drug crimes such as cocaine possession with intent to sell, denied that he had sold cocaine, but testified to his crack possession of three vials for his own use. A police officer testified that he observed the accused man receive money from an unidentified woman and…

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Defendant Contends he is Eligible for Judicial Diversion Program

A man was arrested during the execution of a search warrant in his reported residence. The search warrant was based in part upon an undercover police officer’s sworn allegations that on 13 separate occasions the man, while acting in concert with co-accused sold cocaine and heroin. A New York Criminal…

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Domestic Violence Defendant Contends use of Medical Records Inadmissable as Evidence

A woman had a boyfriend since she was 14 years old until she reached the age of 20. They broke up and went their separate ways living separate lives. Years later, the boyfriend and the woman met up again. The boyfriend did not have a place to live. So for…

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Defendant Brings Motion to Supress Physical Evidence in Drug Possession Case

A man appealed from the order of the Supreme Court, which after a hearing granted the man’s set of motion to suppress physical evidence. A New York Drug Crime Lawyer said the relevant facts brought forward at the suppression proceedings claims that the housing police officer saw a man and…

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Court Prohibits Sex Offender From Seeing Wife as a Condition of Release

In 1999, petitioner was arrested for rape in the first degree and thereafter convicted, upon his plea of guilty, of sexual abuse in the first degree. The victim, who was his girlfriend at the time and is a petitioner in this proceeding, later married petitioner while he was serving a…

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Defendant Charged with Marijuana Possession

Recently, a good deal of attention has been given to the legalization or decriminalization of marijuana. Some states have legalized medicinal marijuana use. Some states have decriminalized the private use or possession of less than one ounce. In New York City, it is still illegal to use, possess, or purchase…

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DWI Defendant Contends Mistaken Identity

A man was stopped at the street for failing to wear a seat belt and operating a vehicle with a cracked front windshield. Upon approaching the vehicle, the police officer noticed that the driver have a glassy eyes. The driver responded to the questions of the police officer with a…

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Constitutionality of DWI Check Points Challeged

A vehicle was stopped at a State Police sobriety checkpoint. After allegedly displaying certain outward sign of intoxication and failing four out of five field sobriety tests, the accused was asked to give a breath sample which resulted in a reading of a .13% blood alcohol content level. The accused…

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