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Articles Posted in Criminal Procedure

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Couple Try to Back Out of Giving Child Up for Adoption

A 22-year old black woman became pregnant by her 23-year old boyfriend. At that time, the mother was teaching at a Christian school by day and she was studying at a community college to earn a degree as a medical assistant. Her boyfriend was working for a large retail company…

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Court Discusses Jurisdiction of Integrated Domestic Violence Court

A man was charged on one count of harassment in the second degree alleging an act of domestic violence against the complainant. Consequently, the man served an action on the district attorney while the court action was pending. The three petitions were concurrently pending in the family court between the…

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Court Decides Custody Arrangement in Light of Domestic Violence Incidents

A man and a woman lived together and had a child who was born on February 17, 1990. They were married five months later on May 7, 1990. They resided at an apartment on Fifth Avenue. During their stay at the apartment, the woman met and cultivated a friendship with…

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Court Disusses Authority of Housing Court vs. Family Court

In New York, there are several different remedies which may be applied in the case of a family dispute. The couple, especially if they are in government housing, may proceed with an illegal lock out complaint to be reinstated to the apartment through the housing authority. However, if a complaint…

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Court Decides if Medical Records are Hearsay in Domestic Violence Case

The police received a 911 call from a woman who claimed to being beaten up by her husband. The police arrived at the scene within one minute of the 911 call and found that a husband was yelling and berating his wife. The man was standing over his wife who…

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Court Determines if Probable Cause was Present for a Stop and Search

At around 9pm on September 26, 1985, a police officer was on radio motor patrol. As he was driving around the area of the corner of 204th Street and 113th Avenue, the police officer observed two men standing at that corner and one of them handed to the other a…

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