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Articles Posted in New York

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Defendant Contends Incriminating Evidence From Prior Conviction Should Not be Included

On August 24, 1977, a woman reported to the police that she had been raped that morning. One month after the reported rape, the District Attorney applied to the court to compel the accused to participate in a line up in connection with the investigation of the August 1977 rape.…

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Court Discusses Offense of 3d Degree Sexual Abuse

The Facts: According to a New York Sex Crimes Lawyer, the defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sexual abuse in the third degree; a six-count indictment on criminal law violations. As the crimes were allegedly committed on 26 September 1967,…

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Defendant Claim Law He Was Convicted of Has Been Repealed

In 2007, a man was convicted of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. The case stemmed from an incident that was witnessed by an on duty uniformed police officer in Chemung County, New York. A New York…

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The Extent of Plaintiff’s Resistence During Rape Discussed by Court

The accused, a bachelor of approximately thirty-seven years of age met an incoming plane at LaGuardia Airport, from which disembarked a twenty-year-old petite, attractive second-year student woman, an unworldly girl, evidently unacquainted with New York City and the sophisticated city ways, a girl who proved to be, as indicated by…

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Defedant Seeks to Have New Parole Hearing

On November 17, 1990, a thirty-two year old plumber who was married with three children lived on West 143rd Street in Manhattan. At around 6:43 in the evening, the plumber met his brother’s wife’s boyfriend in front of 225 West 129th Street. The began to argue. They parted and went…

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Defendant Claims Rape of Wife Was Allowable Due to Marriage

The Facts: On 7 June 1982, defendant and his wife separated after fourteen years of marriage. Defendant moved out of their marital residence and rented an apartment. A New York Criminal Lawyer said that on 3 November 1982, defendant was summoned and appeared before the Family Court to answer charges…

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Court Finds Insufficient Evidence for Grand Jury Indictment of Rape

The Facts: Two male persons, defendants, forcibly abducted the victim (of the assaults) in an automobile. While being carried away in the car, the victim was given a choice of either participating in sodomy or submitting to rape but refused either alternative. A New York Sex Crimes Lawyer said after…

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Defendant Contends Elements of Rape Crime Not Met

A man filed a motion for him to file a late notice of explanation. The man’s counsel has established good reason for late filing of the notice which is attached to the moving papers. As explained on the counsel’s letter, a New York Criminal Lawyer said the alleged criminal acts…

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