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Articles Posted in New York

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Defendant Contends Penal Law Unconstitutional

The complainants, a prostitute and a patron seek a judgment declaring sections of the Penal Law unconstitutional. The laws prohibit prostitution and patronizing a prostitute. A New York Criminal Lawyer said the action was commenced and the opponents, the City Mayor and the City Police Commissioner moved to dismiss on…

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Defendant Claims Plaintiff Recanted Her Statement

The Facts: Defendant, who was then 24 years old, had known the complaining witness, then 20 years old, for several years. Allegedly, on 24 April 1976, at the complaining witness’s home, following a visit with the complainant’s family and defendant’s mother, defendant told the complainant that he wanted to have…

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Son Sexually Attacks Mother, Mother Accused of Sexual Abuse

A woman who was originally from the Dominican Republic had a son whom she left in the Dominican Republic when she migrated to the United States. She obtained permanent residence status when she married an American citizen with whom she had two other children. A New York Criminal Lawyer said…

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Defendant Claims Court Lacked Jurisdiction for Order for Protection

On this proceeding, a man filed an appeal from a judgment convicting him of burglary in the second degree, criminal contempt in the first degree and second degree, upon his plea of guilty. The offense happened on the last quarter of 2004 when the man assaulted his former girlfriend on…

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Court Discusses the Crime of Predatory Sexual Assault

The indictment alleges that on May 2, 2011, the man forcibly compelled the complaining witness to perform oral sex upon him. A New York Criminal Lawyer said that according to the indictment, the man then forcibly subjected the woman to anal intercourse. The indictment further alleges that, on May 14,…

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Defendant Seeks to Lower his Risk Assessment Level

This case is being heard in the Second Department Appellate Division of the Supreme Court of the State of New York. The appellant of the case is Robert Fareira. The appellant is represented by Steven Banks, New York, New York, with Joanne Legano Ross for counsel. The respondent of the…

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