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Articles Posted in New York

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Defendant Contends Court Erred in Imposing Consecutive Sentences

An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…

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Court Discusses Dual Sovereignties Doctrine

In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, 2 &3, along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from May, 1971 until the filing…

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Mental Health Facility Refuses to Admit Mentally Ill Defendant After Acquitted from Crime

The director of mental health division refused to admit the petitioner who was acquitted from her criminal charges for petit larceny by reason of insanity. The district court rendered a commitment order of the insane person at a mental health facility of the Florida state. However, the director refused to…

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Court Discusses Dual Sovereignties Doctrine

On the morning of December 15, 1971 two men and a woman were observed entering the New York residence of the husband and his wife carrying empty shopping bags or, in Grant’s case, with a collapse valise. When they departed, the three left with their once empty receptacles, filled. They…

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Court Discusses Penal Law 70.08 Regarding Violent Felonies

In this case, the Nassau Criminal Lawyer said that, defendant was convicted of robbery in the first degree, a class B violent felony under Penal Law § 70.02 (1) (a). At his sentence, the People filed information alleging that defendant was a persistent VFO having been convicted of two previous…

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Defendant Claims Double Jeopardy for Drug Charges

A complainant man seeks an order to prevent the justices of the Supreme Court and the district attorney from proceeding to try him on an allegation returned against him by the grand jury. A New York Criminal Lawyer said the indictment charges the complainant and another man with various degrees…

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Court Discusses Double Jeopardy in Drug Possession Case

The indictment charges against defendant with others with various degrees of possession of a dangerous drug are as follows: Count 1: 1st degree–possession of 16 ounces and more of heroin; Count 2: 4th degree–possession of a narcotic drug (heroin) with intent to sell; and Count 3: 6th degree–possession of a…

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Court Discusses Conspiracy to Sell Drugs Charges

This involves a case where the court ruled that the indictment against the defendant be reinstated. During 1981 police officers conducted a large-scale investigation into the distribution of narcotics in New York, Queens and Bronx counties. A New York Criminal Lawyer said the investigation, which included a number of drug…

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Confidential Informants Can Establish Probable Cause

The April 25, 1975 affidavit of the State Police Investigator in support of the application for the warrant to search the house and automobile of the defendants contains five distinct elements which in some way indicate that defendants were keeping illicit drugs in or about their house. A New York…

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