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New York Criminal Lawyer Blog

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The daughter reported that her mother had used corporal punishment with her

Respondent is the mother of the two subject children. Respondent also has an older daughter, currently a third year student at Princeton University, visits the home on some weekends and during school vacations. In February 2008, respondent was arrested and her children were removed from her care pursuant to Family…

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he defendant was charged with harassment based on numerous harassing and threatening telephone calls

The defendant was charged with harassment based on numerous harassing and threatening telephone calls he allegedly made to his former paramour, with whom he had two children. Specifically, a misdemeanor complaint was filed charging the defendant with harassment and aggravated harassment. By order, the action was transferred from the County…

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The court requested the presence of a Child Services attorney

In April 2006 respondent father filed a motion requesting that this court enter a dispositional order dismissing the neglect petition pursuant to Family Court Act § 1051 (c) or, in the alternative, suspending judgment of the neglect finding, pursuant to Family Court Act § 1053. The Children’s Services, the law…

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The novel issue in this case is whether the evidence adduced at trial was legally sufficient to establish the necessary elements of criminal mischief

The defendant’s written a Criminal Procedure Law (CPL) application to set aside one count of the jury trial verdict which convicted him of criminal mischief was granted by the County Court, over the written and oral opposition, on the record in open court. The written decision expounds in greater detail…

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On 16 November 2006, the People served and filed a statement of readiness

Originally, defendant was charged by complaint dated 4 November 2006 with assault in the third degree in accordance with Penal Law § 120.00 [1], a class A misdemeanor; menacing in the third degree in accordance with Penal Law § 120.15, a class B misdemeanor; criminal mischief in the fourth degree…

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While the delay here was unusually long, appellant has not established prejudice based upon a deprivation of his liberty

In this criminal case, appellant, who was 15 years old at the time of the offense, was charged, along with three other youths, with acts which, if committed by an adult, would constitute robbery in the second and third degrees, attempted robbery in the second degree, assault in the second…

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