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Articles Posted in Petite Larceny

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Court Discusses Blockburger Test for Theft Case

In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…

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Court Discusses the Elements of Burglary

Sometime on July 14, 1995 at 11:30 pm two police officers were in a police cruiser and they were parked with the headlights turned off. They were observing two men outside an auto mechanic’s garage which was already closed for the night. A New York Criminal Lawyer said the two…

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Court Discusses the Blockburger Test

In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…

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Court Finds Citation Should be Dimissed for Lack of Service

Probate laws are specific about timed deadlines. In New York, Surrogate’s Court Act §59(2) provides that timely service of a probate citation to appear or produce documents must be served in a certain period of time. The time that is allowed for a document to be produced once a person…

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Defendant Claims Initial Questioning by Police was Unjustified

The Facts: An NYPD Officer, a nine-year veteran, investigates drug sales in lower Manhattan. He has made 500 narcotics-related arrests. On 28 February 2010, the officer and his partner entered the New York City Housing Authority (NYCHA) building. They were there to conduct a vertical floor-by-floor patrol of the premises…

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