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Articles Posted in Drug Possesion

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Court Discusses 5th Amendment Double Jeopardy Issue

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. A New York Criminal Lawyer said when they departed, the three left with…

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Court Discusses Whether Constitution Rights of Inmates has been Violated

Respondent inmates brought this class action in Federal District Court challenging the constitutionality of numerous conditions of confinement and practices in the Metropolitan Correctional Center (MCC), a federally operated short-term custodial facility in New York City designed primarily to house pretrial detainees for federal criminal offense. A New York Criminal…

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Court Discusses Search Warrant

This case is about the validity of a search warrant which authorized a search of the premises where defendant resided, and also of another residential unit distantly located. A New York Criminal Lawyer said whether the warrant itself is sufficient; and whether by collateral estoppel the infirmity of the warrant…

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Court Discusses Elements of a Criminal Conspiracy

The two accused men, charged with the crimes of Criminal Sale of a Dangerous Drug and Conspiracy (drug possession), move to dismiss the indictment on the grounds that the prosecution puts them in jeopardy again for crimes of which they already have been convicted in another jurisdiction. They contend, in…

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Appellant Seeks to Preclude Testimony of Lower Court

On this proceeding, a real estate company and a man move for a relief, in which both of them seek inspection of the grand jury minutes, suppression of evidence, discovery and disclosure. The real estate company and the man are both charged under count one with attempted promoting prostitution in…

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Defendants Move for Summary Judgment

This involves a case where the Supreme Court Appellate division held that conceivability is not equivalent to foreseebility. The Court herein granted defendant’s motion for summary judgment dismissing the complaint. A New York Criminal Lawyer said the plaintiff was a tenant in a building located at 584 Academy Street in…

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Defendant Denied Right to Counsel

This case is about the Prosecution’s appeal from the order of the Supreme Court, Queens County, dated May 12, 1982, which granted defendant’s motion to suppress certain statements since his Fourth and Fifth Amendment rights were violated by the Police Officers. A New York Criminal Lawyer said on March 12,…

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Court Discusses Doctor Patient Privledge

Hospitals in 1955 were required by the statutory law of New York to report all procedures that involve the termination of a pregnancy. The superintendent of all New York hospitals is required to report each procedure and to subdivide the procedures into categories that reflect the nature of the termination…

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Defendant Retracts Her Confession

On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. She was charged with criminal sale of a controlled substance in the third degree (drug possession) when an undercover police officer alleged in the complaint that she along several…

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Court Finds No Probable Cause for Search

On January 20, 1984, two police officers were on patrol in a marked police car, when they observed a white, 2-door Pontiac stopped or standing adjacent to a fire hydrant, at the intersection in the Bronx. The police officer who had been operating the patrol car stopped and requested the…

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