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New York Criminal Lawyer Blog

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Defendant Charged with Class E Felonies based on Prior Misdemeanor Charge

Ono June 21, 2007, a man was apprehended and subsequently charged with driving while intoxicated per se and common law driving while intoxicated. These two charges in the indictment are class E felonies which are predicated on a previous misdemeanor conviction for driving while intoxicated in 2001. After arraignment, a…

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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 Determines Custody in Light of Domestic Violence Allegations

A New York Sex Crimes Lawyer said that the defendant-mother (hereinafter referred to as mother) and plaintiff-father (hereinafter referred to as father) were married in December 1996 and in 2003 were physically separated when the mother left the marital residence alleging abuse against her and the children. The mother moved…

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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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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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