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By newyorklawjournal | New York Law Journal | June 2, 2017
Counsel's Alleged Deficiencies Were Result of Reasonable, but Unsuccessful, Trial Strategy
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By newyorklawjournal | New York Law Journal | June 2, 2017
SORA Statute, as Amended, Does Not Require Defendant to Register as a Sex Offender
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By newyorklawjournal | New York Law Journal | June 2, 2017
Consolidation of Matters Will Serve to Clarify Background, Relationship Between Parties
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By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
Defendant was not entitled to suppression of evidence where probable cause existed for the search warrant, and the commonwealth's technical violation in failing to extend a sealed warrant did not raise a constitutional issue or prejudice defendant.
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By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
Trial court was authorized to modify restitution order to change payee from victim to victim's estate because executor/administrator stood in the shoes of the deceased victim with respect to entitlement to benefits, and no statutory provisions provided for extinguishment of restitution benefits upon a victim's death. Order of the trial court affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
The court's decision to sentence defendant to a period of incarceration following her probation violation was not excessive or unreasonable. Defendant had a history of alcohol abuse and prior misconduct, and incarceration protected the interest of the public.
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By Tom McParland | June 2, 2017
Two high-profile Delaware lawyers on June 2 made public a preliminary independent review of the security conditions at James T. Vaughn Correctional Center, finding that chronic understaffing, a lack of communication and inadequate technology likely contributed to a deadly inmate takeover of the prison's C Building earlier this year.
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By therecorder | The Recorder | June 2, 2017
9th Cir.; 15-10385 The court of appeals reversed a judgment of conviction and remanded. The court held that a traffic stop made on pretext of inspecting…
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By Barry Kamins | June 2, 2017
Criminal Law and Procedure columnist Barry Kamins writes: Long before the term "wrongful conviction" became commonplace, the U.S. Supreme Court in 1967 noted the conclusion by one commentator that "the influence of improper suggestion upon identifying witnesses probably accounts for more miscarriages of justice than any other single factor—perhaps it is responsible for more such errors that all other factors combined." Fifty years later, New York is about to embark on a new era of eyewitness identification.
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By Carley Meiners | The Legal Intelligencer | June 2, 2017
Trial court did not err in refusing to charge jury on element of malice derived from third-degree murder offense where such element was not a part of the statutory offenses of torture of a police animal and animal cruelty. Judgment of sentence affirmed.
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