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New York Criminal Lawyer Blog

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CPL 210.05

A Kings Domestic Violence Lawyer said that, the defendant was charged with, inter alia, harassment in the second degree based on numerous harassing and threatening telephone calls he allegedly made to his former paramour, with whom he had two children. On January 18, 2007, a misdemeanor complaint was filed charging…

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The charges arose out of an incident which took place on May 23, 1992

The defendant was convicted after a jury trial of Kidnapping in the First Degree, Rape in the First Degree (five counts), Sodomy in the First Degree (four counts), Robbery in the Third Degree, and Assault in the Second Degree. He was sentenced to an aggregate indeterminate term of incarceration amounting…

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The court agrees…. con’t

In the case at bar, the criminal court assumes the most stringent standard in People v Vilardi, that is, the “reasonable possibility” standard to apply. Defendant’s contention fails because of the lack of evidence that DM’s suspicion predated his decision to accuse defendant and to cooperate with the D.A.’s office.…

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The motion to quash the subpoena is granted.

A Kings Domestic Violence Lawyer said that, defendant move to have the People produce specified documents. Defendant claims that the records are vital to the preparation of her defense based upon the “Battered Woman’s Syndrome” (BWS). Defendant has commenced three separate proceedings for the documents. Defendant has issued a subpoena…

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In the instant case, the accusatory instrument accuses the defendant of violating HPC §108-2

This is a proceeding wherein the defendant, J, is charged with eleven counts of having multiple unregistered, unlicensed motor vehicles on his property at 2401-2403 Route 9G in the Town of Hyde Park without site plan approval to operate a junkyard in violation of Hyde Park Code (HPC) §108-2, §108-23,…

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As stated herein the mother has, as it relates to custody and visitation, met the threshold of excusable default and a meritorious defense

The parties were married in New York in May 2002. While married, the father worked as a first grade teacher and the mother worked as a mandarin interpreter. The criminal parties knew each other for only a short time prior to their marriage, at which point, the mother became pregnant…

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People choose to renew the application for a proposed amendment

It is the defendant’s argument that the proposed amendment would, indeed, change the theory of the prosecution because the indictment specifies CB as the specific person about whose “race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation” the defendant had formed beliefs or perceptions which…

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