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Articles Posted in Criminal Procedure

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Court Decides of Removal of Children From Home is Appropriate

A New York Criminal Lawyer says that New York Statutes relating to the removal of children from their natural parents is clear. The state will do everything possible to keep families together. Often the attempt to reunite natural families does more harm than good. Being a parent is more than…

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Defendant Argues that Revocation of Gun License is Unfair

A man had applied for and was granted target pistol licenses for his two pistols since May 1967. In 2001 the License Division of the NYPD converted all target pistol licensed into Premises Residence Licenses. Accordingly, man’s the pistol license renewal applications were converted into renewal applications for Premises Residence…

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Defendant Claims Officer Testimony Inaddmissible

A New York Criminal Lawyer said sometime in 1980, two police officers were sitting in an unmarked police car conducting surveillance of a street corner where there had been reports of crack possession and sale. The police officers observed a man sell a tinfoil packet to another man. The police…

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Defendant Challenges the Accuracy of Breathalyzer Instrument

A New York Criminal Lawyer said on 11 March 2007 at 4:58 A.M., a police officer who was trained to estimate the speed of a moving vehicle observed defendant traveling at about 90 miles per hour on the Long Island Expressway. The officer confirmed that estimate by a laser device…

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Wife Contends Husband Violated Order for Protection

A former wife commenced a Family Court proceeding alleging that her husband argued with her, cursed at her and destroyed her property. The wife also alleged that on prior occasions, her husband had assaulted and threatened her. She requested and received an order of protection from the Family Court that…

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Husband and Wife Both Seek Custody of Children

A woman and his partner both filed for child custody petition in Court. The woman was born and raised in Florida where she lived with her mother and father until her parents divorced. She continued to live with her father until she was 22 and got her own apartment. The…

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Court Claims Jurisdiction in Domestic Violence Matter through IDV Courts

A man was charged with the offense of harassment in the second degree. Subsequently, the court issued an order of protection directing the man to stay away from the complainant and refrain from harassing, intimidating, threatening her, or committing any acts of domestic violence. After that, a misdemeanor charge of…

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