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Articles Posted in Criminal Procedure

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Defendant Contends Elements of Rape Crime Not Met

A man filed a motion for him to file a late notice of explanation. The man’s counsel has established good reason for late filing of the notice which is attached to the moving papers. As explained on the counsel’s letter, a New York Criminal Lawyer said the alleged criminal acts…

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Can the Agent of a Purchaser of Narcotics be Convicted of Drug Sale?

This is the case wherein the court reiterated its New York rule that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance. A New York Criminal Lawyer said that an undercover police officer befriended…

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Court Hears Motion To Supress Search Warrant

On September 25, 2003, the Associate Village Justice of the Supreme Court, issued a search warrant directed to “any police officer of the County of Nassau.” A New York Criminal Lawyer said the search warrant found that there is probable and reasonable cause for the issuance of the warrant to…

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Potential Juror Misconduct Reviewed In Sex Crimes Case

It is difficult to understand the immensity of the responsibility that serving on a jury can be for some people. In this age of electronic information obtainable on the internet and even on a person’s telephone, it can be a daunting task for a juror to follow the instructions provided…

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Court Discusses Sex Offender Registration Act

On January 21, 1996, the Sex Offender Registration Act was created by the legislative body of the New York State legal system. It provided that each offender who commits a sexually related offense, must be registered with the state as a sex offender. A New York Criminal Lawyer said the…

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Defendant Contends Violation of Drug Reform Act

The Facts: On 21 March 2002, defendant was sentenced in Michigan to a two-year probation following his plea of guilty to attempted home invasion in the first degree under Criminal Law. A New York Criminal Lawyer said that on 22 August 2003, defendant was charged in Bronx County with criminal…

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Defendant Claims He Did Not Play an Active Role in Drug Transaction

A team of police officers conducted a buy and bust narcotics operation. The undercover officer carried bills which had been photostatted and drove to the location where twelve people were standing near the area. The officer called out from his automobile asking if anyone had dimes. A New York Criminal…

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Error Occurs in Collection of Evidence

Often, questions arise in the court system that involve how to handle mistakes that happen in the justice system. Among these mistakes can be the mishandling of evidence. A New York Criminal Lawyer said that while losing evidence can be a devastating blow to a prosecution’s case, it is even…

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Court Determines if Unlawful Surveillnce is a Sex Crime

A 55 year old man, after violating a criminal law, has been placed under the Strict and Intensive Supervision and Treatment (SIST) under a sex offender civil management proceeding. Subsequently, the State filed for a petition to revoke the respondent SIST’s placement and requested the court for the respondent to…

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