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Articles Posted in Criminal Procedure

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Defendant Contends Insufficient Evidence for Robbery Charge

Stanley Hedgeman was accused of robbery in the second degree, and the Trial court had ruled he was guilty. Mr. Hedgeman appealed against this ruling, saying it should have been dismissed because there was insufficient proof presented to show he committed the robbery while “aided by another person actually present.”…

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Defendant Contests Calibration of Breathlyzer in DWI Case

The accused man is charged of driving while ability is impaired by alcohol. During the course of his DWI consolidated pre-trial hearings and non-jury trial, the accused team objected to the complainant’s admission of the certified calibration records and simulator solution certificates. An NY Criminal Lawyer said that the challenged…

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DWI Defendant Contends Mistaken Identity

A man was stopped at the street for failing to wear a seat belt and operating a vehicle with a cracked front windshield. Upon approaching the vehicle, the police officer noticed that the driver have a glassy eyes. The driver responded to the questions of the police officer with a…

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Court Rules Where DWI Offender Refuses Chemical Test

A traffic officer responded to a radio run of an automobile accident at Roosevelt Avenue and Queens Boulevard. When he arrived at the scene, the accused was standing beside an automobile which had been involved in the car accident. The traffic officer testified that the accused had bloodshot eyes, was…

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Court Decides Use of Breathalyzer Under Business Records Exception

Initially, the court held that records reflecting the calibration of breath test machine and analysis of breath test simulator solution used in DWI cases were non-testimonial hearsay and admissible over confrontation clause objection under business records exception. The certifications to be submitted for the calibration or maintenance of the breath…

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Defedant Contends Illegal Stop in DWI Case

A police officer and his partner were on routine patrol at one of the intersections in Queens County. The officers noticed the woman driving a grey Cadillac passed through a steady red light. The other officer pulled the vehicle over and as he approached, the woman rolled down her window.…

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Defendant Contests Accuracy of Breathalyzer in DWI Case

A man filed an appeal from the decision of the first district court of Nassau County concerning its judgment of DWI and over speeding law suit. The incident happened when a Nassau County police officer observed that the man’s traveling is at about 90 miles per hour on the Long…

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DWI Defendant Contests Driver’s License Suspension

The first accused is charged with misdemeanor information with Vehicle and Traffic Law and the second accused is charged in separate misdemeanor information with Vehicle and Traffic Law. The issues raised by the defense counsel are identical in each case. A New York Criminal Lawyer said that in each case,…

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