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New York Criminal Lawyer Blog

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The police officer’s conduct was not only different from previous case in a legally significant way, but had a far more threatening purpose.

At some point in September, a police officer had an argument with a man with regards to the servicing of the officer’s beeper. The two had a verbal argument inside the man’s store and the man told the officer to leave. According to the man, he did not strike or…

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The Court of Appeals has established that common and routine police inquiry remain simple requests for information

This is a proceeding wherein the defendant is charged with Criminal Trespass in the Third Degree (Penal Law § 140.10(e)) and Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03). Defendant moves to suppress drugs found during the arrest and to suppress statements made to…

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The Court ruled that deportation is not a direct consequence of conviction,4

In November 2004, the defendant was arrested for stealing a 2004 Lexus automobile, valued at more than $50,000, and was subsequently charged with grand larceny in the second degree, a class C felony, and eleven other offenses. Thereafter, the defendant plead guilty to criminal possession of stolen property in the…

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Reversals are ordered

A man filed an appeal from a judgment convicting him of insurance fraud in the first degree, grand larceny in the third degree, offering a false instrument for filing in the first degree, bribing a witness, criminal solicitation in the fourth degree, conspiracy in the fifth degree and a violation…

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Under the People’s overbroad construction, these Penal Law sections would apply to every loan

In this criminal case, defendants have been indicted on charges growing out of an alleged scheme to steal from charities serving Brooklyn and from the City of New York. The charges include conspiracy, grand larceny by false pretenses, grand larceny by misappropriation, offering a false instrument for filing, falsifying business…

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The Court thus conclude that the counts of the indictment alleging assault in the second degree and menacing in the second degree are not duplicitous, and should be reinstated.

One evening, the complainant was working in a grocery store when he became involved in a dispute with his employer, one of the respondents, over the payment of back wages. After all of the customers had left the store, manager instructed another employee, to lock the door. Respondents then allegedly…

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The evidence presented to the grand jury was sufficient to support the charges

The defendant is a New York State Assemblyman and the chairman of the Executive Committee of the County Democratic Party (CDC). According to the evidence before the grand jury, as an Assemblyman he routinely traveled from Brooklyn to Albany and back on New York State Assembly business. At the same…

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