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Articles Posted in Criminal Procedure

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Court Determines Child Custody Where Domestic Violence Present

The couple was married in December 1989 and had always resided in New York during their marriage and their only child was born in July 1990. The parties resided in the City of Glens Falls. The husband was employed by an architectural firm and the wife remained at home to…

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Court Decides Whether to Evict Domestic Violence Offender from Subsidized Housing

A woman from New York filed an action against the Chairman of the Housing Authority that owns and operates her apartment. The woman challenge certain policies, proceedings and practices of the Housing Authority and to compel them to establish specific criteria and definitions of non-desirability and clear guidelines and criteria…

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Defedant Contends Police Did Not have Probable Cause for Stop

Two uniformed police officers were checking out an illegally parked car near the corner of 39th Street and 9th Avenue at 3am on June 15, 2005. One of them happened to look up and saw a man running. He was coming from the vicinity of 8th Avenue. When the police…

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Court Determines Jurisdiction in Domestic Violence Case

Domestic violence cases are not stationary crimes. Frequently, one party will flee to a different state, when that happens it is important that the court orders that are in effect follow them. Prior to 1994, that was not the case. The federal government stepped in and issued the Violence Against…

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Court Decides if City is Obligated to Provide Housing Subsidies to the Homeless

Plaintiffs are a class of formerly homeless families and individuals for whom the City paid rent through a program called Advantage. The City induced these plaintiffs, many of whom are victims of domestic violence, to leave the relative safety of the shelter system and to enter into leases for apartments…

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Woman Attacks Husband in Domestic Violence Incident

The family court released a decision upon a fact-finding reason that a mother neglected her three children and now released two of the children to the custody of their father with 12 months of supervision by the Administration for Children’s Services (ACS). A New York Criminal Lawyer said the mother…

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Defedant Claims he is a Victim of Malicious Prosecution

A man moved for an order requiring his opponents to produce for an in camera inspection of employment and civilian complaint review board records for two police officers. A New York Criminal Lawyer said the opponent’s city opposes the motion and moves for an order to dismiss the complaint against…

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Court Rules on Custody Dispute

Custody issues are never pleasant; however, they are often complicated by differing parenting styles and volatile relationships between the parents. A New York Criminal Lawyer said the court is responsible for determining what if anything will improve the child’s emotional and physical development. In some cases, these decisions are complicated…

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