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Articles Posted in New York

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Defendant Claims the People Failed to Establish Burden of Proof in Larceny Case

This is an appeal by defendant from a judgment of the County Court, Suffolk County, rendered April 21, 1976, convicting him of grand larceny in the second degree (13 counts) and grand larceny in the third degree (2 counts), upon a jury verdict, and sentencing him to indeterminate terms of…

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Court Decides Domestic Violence Charges

First Case: On or about 8 July 2008, a Family Court in Bronx County found that respondent mother permanently neglected her children. The judgment was appealed and the court now affirms said order, without costs. Here, a New York Criminal Lawyer said the court finds that the neglect findings are…

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Defendant Brings Omnibus Motion to Suppress Identification Testimony

This is an appeal by the defendant from a judgment of the County Court, Dutchess County, rendered February 13, 2008, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch…

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Defendant Contends Confession was Coerced

In summary, the accused was arrested for possession of a weapon and when brought to the station he asked the police officer that he would cooperate in bringing additional guns through his wife. A few hours later, he was already suffering from heroin withdrawal that prevented him to being brought…

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Police Officer Hurt in Domestic Violence Call

First Case: Sometime in March 1998, petitioner who is a police officer since 1989 was suffering from depression and suicidal ideation and was admitted to a psychiatric hospital. A New York Criminal Lawyer said the petitioner was out of work for several months after which time she returned to light-duty…

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Defendant Contends Government Relying on Hearsay Evidence

The appellant in this case was convicted for possession and use of a gun. This conviction was based on a statement from a witness that the defendant possessed an identical gun that he typically kept in his home in another state. Case Background The defendant was arrested in March of…

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Defendant Claims 6th Amendment Right to Impartial Jury was Violated

The appellant was convicted on a charge of conspiracy to distribute marijuana and distribution of approximately 530 pounds of marijuana. A New York Criminal Lawyer said he is appealing this conviction on the ground that the trial court’s examination of prospective jurors was inadequate and that the venue for the…

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Defendant Appeals Conviction for Trafficking Cocaine

The defendant/appellant in this case is appealing convictions for trafficking in cocaine and marijuana possession. Case Background Evidence showed that the girlfriend of the defendant rented a car through her aunt. The defendant borrowed this car and was driving on the turnpike when he was pulled over by a state…

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Court Decides if Marijuana Possession is a Serious Drug Offense Under ACCA

The government is appealing the sentence of only 55 months for the defendant for being a felon in the possession of a firearm. A New York Criminal Lawyer said the government challenges the determination from the Supreme Court that the defendant was not an armed career criminal. Furthermore, the government…

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