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Articles Posted in New York

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Court Discusses Elements of Grand Larceny

A man broke into and entered a dwelling house. Once inside, he committed grand larceny by taking away from the premises properties belonging to the owner of the dwelling house which amounted to more than one hundred dollars. The prosecutor was charged under an information with two crimes: the breaking…

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Court Discusses Elements of Grand Larceny

On the night of the accident, a city police officer, while in his patrol car, stopped a man’s automobile in the area where the breaking and entering had occurred. An officer with the sheriff’s department saw a record player, a record player stand, assorted women’s clothing, and a rifle in…

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Defendant Claims Jury Instruction was Inappropriate

In this case, Appellant appeals from a judgment convicting him of the crime of robbery. Appellant’s only contention on appeal is that the trial court erred in failing to give proper instructions as to the lesser included offenses of grand larceny and/or petit larceny. Appellant conceded that he did not…

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Court Reverses Grand Larceny Charges

An owner of a truck appeals for the convictions of grand larceny of a truck, petit larceny of its contents, and trespass on property. It was started when a man took possession of the truck and began making monthly installment payments after agreeing to purchase it from a long-time friend.…

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Court Discusses Concept of Settled Jurisprudence

This is an appealed case from the US District Court for Georgia. The district court dismissed the appellant’s complaint on the basis of the application of a settled jurisprudence in his case, which “held that a state prisoner’s claim for damages is not cognizable if ‘a judgment in favor of…

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Contractor Charged with Grand Larceny

A job contractor entered into a contract with an elderly homeowner for minor repairs to his house. When the minor repairs were finished, the job contractor asked the man to sign a receipt. A New York Criminal Lawyer said the homeowner was functionally literate, that is he can only read…

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Appellant Contends Summary Judgment was in Error

In her complaint the appellant averred that she was maliciously prosecuted when the appellees, acting in concert, caused her arrest and induced the County Solicitor of Dade County to file information in which she was charged with grand larceny, a charge the appellees knew was false. The pleader detailed the…

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Defendants Contend Court Lacks Jurisdiction

The Facts: Stemming from a grand larceny case where defendants were convicted, at an Extraordinary Special and Trial Term of the Supreme Court, of conspiracy in the fourth degree, hindering prosecution in the third degree and official misconduct, the Appellate Division, on appeal, found that the evidence was legally insufficient,…

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