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Articles Posted in Criminal Procedure

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Appeal Looks at Defendant’s Special Condition of Parole

The Supreme Court modified a special condition of a man’s parole. The said condition forbade him from having any contact with his wife without the permission of his parole officer. A New York Criminal Lawyer said the modified order permitted the man to see his wife during non-curfew hours so…

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Court Decides Divorce in Light of Domestic Violence Allegations

A Jewish couple married in August 1973. At that time, the husband was 22 and the wife was 18. A New York Criminal Lawyer said the husband was in dental school and wife chose to keep house until after the husband finished his dental studies. When the husband became a…

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Injured Security Guard Seeks to Make Worker’s Compensation Claim

A telecoms company owns the premises leased by an out of possession landlord. The telecoms company contracted a security agency for their security services including the presence of a security guard in the premises. The premises had been a victim of gun crime robbery and homicide. A New York Criminal…

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Court Discusses Subject Matter Jurisdiction

Defendants in three cases challenge the rules promulgated by the Chief Judge and Chief Administrative Judge that created either the Bronx Criminal Division or Integrated Domestic Violence Part in Supreme Court, which resulted in the transfer of their misdemeanor prosecutions from local criminal courts to Supreme Court for trial. A…

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Court Looks at Possible Fraud in Domestic Violence Case

A woman commenced an action against her former fiancé seeking damages sustained from physical abuse and violence allegedly committed by her fiancé. A New York Sex Crimes Lawyer said the woman initiated a suit in the district court while her case was pending in the federal court. Her asserting claims…

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Court Discusses Exclusionary Rule

Whenever evidence of a crime is discovered by police during an inventory search of a person’s vehicle, it is subject to scrutiny. Inventory searches are administrative searches. That means that the police department or agency maintains documents in their standard operating procedures manual that indicates that an inventory of an…

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Court Discusses Jurisdiction of IDV Courts

The Court transferred into the Integrated Domestic Violence (IDV) Part a case alleging criminal contempt of court filed against a woman and a family offense case that the woman filed against the complaining witness. On joint application of the Court and the accused, the Court also transferred a subsequently filed…

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Respondent Violates Order for Protection

A New York Criminal Lawyer said that on 15 March 199, petitioner spouse filed a supplemental petition has been, a Family Offense Proceeding, alleging that respondent failed to obey the modified order of protection issued by the court dated 15 November 1993; that respondent on 8 March 1994, upon release…

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