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Articles Posted in Queens

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Defendant Moves to Have Sentence Set Aside

The defendant moves pursuant to Section 440.20 of the Criminal Procedure Law to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. A New York Drug Possession Lawyer said the sole issue raised by the defendant is…

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Court Looks at Double Jeopardy Issue

According to a New York Drug Crime Lawyer, on April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from…

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Court Holds Municipality has no Immunity

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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Court Discusses Amended Habeas Petition

This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. § 2244(d)(1); and the rule that pleading amendments relate back to the filing date of the original pleading when…

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