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New York Criminal Lawyer Blog

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Court Looks at Intent to Commit Petit Larceny

A man went to a house in a residential neighborhood. It was eleven thirty in the evening and all the three residents of the house were fast asleep. The man went up the roof and was preparing to enter the house through a bedroom with an open screened window. A…

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Court Discusses Drug Crime of Facilitation

A New York Criminal Lawyer said that, defendant L. is charged with facilitating a felony with respect to a “buy and bust” operation, in that, as reflected in the indictment “the defendant L. believing it was probable that he was rendering aid to T.P., a person who intended to commit…

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Defendant Contests Risk Assessment Designation

Defendant W. was arrested for acting in concert with J.S. in allegedly committing the crimes of Kidnapping in the First Degree (Penal Law § 135.25 [1]), Rape in the First Degree (Penal Law § 130.35 [1]), Sodomy in the First Degree (Penal Law § 130.50 [1]), and Unlawful Imprisonment in…

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Court Discusses Lesser Included Offenses

A man was charged with breaking and entering with intent to commit a felony. He was convicted of the lesser included offense of breaking and entering or entering without breaking with intent to commit a misdemeanor. He appeals the judgment and sentence. A New York Criminal Lawyer said the man…

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Defendant Contends Court Lacks Jurisdiction

In this criminal case, appellant was informed against in the Criminal Court of Record of West Palm Beach County for grand larceny. A New York Criminal Lawyer said that, he was arraigned on the information and entered a plea of not guilty. At the beginning of the trial, which was…

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The accused husband and wife were charged with a violation of the Penal Law. They were arraigned and each pleaded not guilty. On the same date the charge was amended to attempted petit larceny. The husband and his wife changed their pleas to guilty of the amended charge. The sentence…

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Court Decides if it Erred on Classifying Accused as a Level One Sex Offender

A man lived in his mother’s house with his sister who was a minor. One day, the man chanced upon his sister in the bathroom of their house. The man tried to rape his sister. The sister resisted and was able to escape from her brother. A New York Criminal…

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Court Discusses the Elements of Conspiracy

This involves a case where the court dismissed the indictment against defendants for conspiracy in the fourth degree (two counts), hindering prosecution in the third degree (two counts) and official misconduct (two counts). a New York Criminal Lawyer said that in the early 1960s, JF, a resident of Queens County…

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