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Articles Posted in New York

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Court Discusses Elements of Grand Larceny

A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. A New York Criminal Lawyer said the resident of the apartment left the apartment door open and left the man at the door…

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Court Distinguishes between Attempted Grand Larceny and Grand Larceny

A man broke into and entered a dwelling house. Once inside, he committed grand larceny by taking away from the premises properties belonging to the owner of the dwelling house which amounted to more than one hundred dollars. The prosecutor was charged under an information with two crimes: the breaking…

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Appellants Claim Jury Instruction Harmed Their Case

The Facts of the Case: A New York Criminal Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request…

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Defendant Moves to Supress Evidence in Vehicular Manslaughter Case

The Facts of the Case: On around 18 to 19 of October 2007, at around midnight, the defendant went to a nightclub with his girlfriend “A”, a friend of his girlfriend “B”, and another individual “C”. A New York Criminal Lawyer said after drinking alcohol at the nightclub, the defendant…

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Court Determines if there is Sufficient Evidence to Suspend Student for Marijuana

This case is an appeal from a final administrative order that was made by a school board. The order expelled the appellant from school for possession of marijuana. Case Background The principal of the school was notified by a teacher that a student had told her that the appellant, who…

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DEA Exposes Cocaine Trafficking Ring

The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was…

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Appellants Convicted Under Comprehensive Drug Abuse and Prevention Act

The appellants in this case were indicted for a number of violations of the Comprehensive Drug Abuse Prevention and Control Act. A jury trial was held in the matter and the defendatns were all convicted of possession of marijuana with the intent to distribute. The defendants raise several issues on…

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Defendant Charged with Intent to Distribute 100 Kilograms of Marijuana

The defendant is appealing his conviction of possession with the intent to distribute over 100 kilograms of marijuana. Border Patrol agents found the marijuana in his tractor trailer while at a border checkpoint. The defendant argues on appeal that his counsel was ineffective as they failed to request a Pennington…

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