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Gun Laws: The Mere Possession Of A Gun Presumes The Intent

Details: Gun Laws: The Mere Possession Of A Gun Presumes The Intent To Use it Against Another. Gun Laws: The Mere Possession Of A Gun Presumes The Intent To Use it Against Another. People v. Galindo.

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Gun Laws: If You Purchase Guns For Another Person You May

Details: Abramski contends that federal gun laws are entirely unconcerned with straw arrangements; so long as the person at the counter is eligible to own a gun. Federal law regulates licensed dealer’s transactions regarding the true buyer. Federal gun law establishes an elaborate system of in-person identification and background checks to ensure than

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Gun Laws Archives

Details: People v. Galindo 955 N.Y.S.2d 24 New York Court Of Appeals Decided on: December 4th, 2012 Summary:Defendant Oliverio Galindo shot his cousin in the leg. He accompanied his cousin to the … Continue reading →

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800-277-3257 Right To Counsel Constitutional Rules …

Details: Attorney at Law Stephen has advised me many times on points of law to ensure I am using the best strategies for my clients. He is a living breathing lexis/nexis; and I would highly recommend him to any attorney or client in need of an appellate attorney.

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VALID Military Law and New York Law, was illegal and the

Details: cell phones under the Fourth Amendment search and seizure laws, and illegal searches are subject to the exclusionary rule under the U.S. Constitution. Riley v. California, 524 U.S. __, 134 S.Ct. 2473 (2014), United States v. Wicks, 73 M.J. 93 (C.A.A.F. 2014); see also Military Rules of …

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Federal Sex Offender Registration And Notification Act

Details: Named after an 11-year old who was kidnapped at gunpoint in 1989, the Wetterling Act conditioned the federal funds on States enacting sex-offender registry laws meeting certain minimum standards, Smith, 538 U.S., at 89-90. By 1996, every State, the District of Columbia, and the Federal Government had enacted some variation of a sex-offender

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Probable Cause Versus Reasonable Cause: The Constitutional

Details: People v. Wharton 60 A.D.2d 291 Appellate Division, Second Department Decided on: December 27, 1977 Comparing The Fourth Amendment’s Probable Cause With Criminal Procedure Law 140.10’s Reasonable Cause Blog By: … Continue reading →

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White Collar Crime: Insider Trading And Tippee Liability

Details: In order to establish a criminal violation of the securities laws, the Government must show that the defendant acted “willfully.” 15 U.S.C. § 78ff (a). We have defined willfulness in this context “as a realization on the defendant’s part that he was doing a wrongful act under the securities laws.” The Requirements of Tippee Liability

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The Common Law Writ Of Errors Coram Nobis: How Does It

Details: People v Andrews. 2014 NY Slip Op 04233. New York Court Of Appeals. Decided on: June 12, 2014. The Common Law Writ Of Errors Coram …

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Aggravated Harassment: Annoying And Alarming Decision By

Details: People v Golb. 2014 NY Slip Op 03426. Court of Appeals. Decided on May 13, 2014. The New York Court Of Appeals Says That We Can’t Possibly Know What Might Annoy Or Alarm Another Person And Therefore The Statute Making Annoying And Alarming Behavior Illegal Is Unconstitutional.

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The DeBour Standard: Common Law Right of Inquiry, And

Details: The DeBour Standard: Common Law Right of Inquiry, And Meaningful Response To Notes From The Jury People v Parker 2018 NY Slip Op 04776 New York Court of Appeals Decided: … Continue reading →

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The Law On Eavesdropping In New York And The Vicarious

Details: Vicarious Consent Doctrine: The eavesdropping law, Penal Law 250.05, contains a clause that gives vicarious consent to parents to record phone calls of their children where it is in the child’s best interest. Issue: Whether the eavesdropping law (Penal Law 250.05) makes illegal a parent recording a phone call to which their child is a party

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Statutory Interpretation: The Rule Of The Last Antecedent

Details: Whoever violates, or attempts or conspires to violate 18 USC 2252(a)(4) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior convictionunder the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or wardsuch person shall be

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Sobriety Checkpoints And The Fourth Amendment

Details: Sobriety Checkpoints Are Presumptively Unconstitutional The United States Supreme Court has made clear that checkpoint-type vehicle stops are presumptively unconstitutional – subject to certain limited exceptions. City of Indianapolis v. Edmond, … Continue reading →

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Mistake Of Fact By Police Not Reasonable For Finding Of

Details: Mistake Of Fact By Police Not Reasonable For Finding Of Reasonable Suspicion Under Fourth Amendment Search And Seizure. United States v. Severne Watson, ___F3d___, 2015 WL 2402528 Second Circuit Court … Continue reading →

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New York Courts Must Order More Than One Form Of Bail

Details: Subsequent amendments further loosened those strictures (see Preiser, Practice Commentary, McKinney’s Cons Laws of NY, Book 11A, CPL 520.10, at 51). CPL 520.10 (2) (b) imposes no undue restriction on a court that believes a substantial personal undertaking “is necessary to secure [the defendant’s] court attendance” in future proceedings

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A Defendant May Waive The Right To Be Present At Felony

Details: Although CPL 380.40 protects a defendant’s fundamental right to be present at sentencing, Peter Preiser, Practice Commentaries, McKinney’s Cons Laws of New York, Book 11A, CPL 380.40, at 271, that fundamental right may be waived just as many other fundamental rights may be similarly waived, People v Mox, 20 NY3d 936, 938 (2012).

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Wiretap Applications

Details: PEOPLE V. RABB. DECIDED FEBRUARY 15, 2011 NEW YORK COURT OF APPEALS. Issue : whether it was established that the police established that normal investigative mearsures had been exhausted or were reasonably unlikely to succeed if tried or were too dangerous to employ before they made an application for a wiretap under Criminal Procedure Law §§ 700.15(4) and 700.20(2)(d).

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800-277-3257 Topics Of Interest Sobriety Checkpoints And

Details: Attorney at Law Stephen has advised me many times on points of law to ensure I am using the best strategies for my clients. He is a living breathing lexis/nexis; and I would highly recommend him to any attorney or client in need of an appellate attorney.

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Due Process Is Required When Revoking A Conditional

Details: People v. Fiammegta 2010 NY Slip Op 01344 New York Court of Appeals Decided on: February 16, 2010 Trial Court Erred When It Did Not Allow Defendant An Inquiry of … Continue reading →

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Article 78 Petition Filed By University Student To

Details: Powers v. St. John’s University School of Law 25 N.Y.3d 210 Court of Appeals Decided: April 2, 2015 Article 78 Filed By University Student To Challenge Expulsion (←click here) See Video … Continue reading →

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Whether A Parent Can, As A Matter Of Law, Kidnap Their Own

Details: People v. Leonard 2012 NY Slip Op 04206. New York Court of Appeals Decided May 31, 2012 Issue: whether it is possible for a parent who has custodial rights to a child to be guilty of kidnapping that child.. Holding: The Court of Appeals held that there comes a point where even a custodial parent’s control over a child’s movements is unlawful.. It is possible, though only in cases like this

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The Boykin Rights: Knowing, Intelligent And Voluntary Plea

Details: Areas We Serve. We handle New York State Criminal Appeals and Federal Criminal Appeals Throughout The United States. We are well versed in all the procedures and practices in all the Federal Circuit Courts. Click on your areas in New York for more information. To speak to an appellate lawyer in New York call 1-800-APPEALS (277-3257)

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Determining The Reasonableness Of A Sentence: Substantive

Details: U.S. v. Villafuerte. The Second Circuit Court Of Appeals. 502 F.3d 204 (2007) Decided: September 21, 2007. Summary: Defendant Villafuerte was indicted for conspiring to possess with intent to distribute and conspiring to distribute over five hundred grams of cocaine in violation of 21 U.S.C §§ 84 (a)(1) and 846.The Presentence Report (PSR) calculated a sentencing range under the Guidelines

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440 Motions and Immigration Law and Deportation

Details: Areas We Serve. We handle New York State Criminal Appeals and Federal Criminal Appeals Throughout The United States. We are well versed in all the procedures and practices in all the Federal Circuit Courts. Click on your areas in New York for more information. To speak to an appellate lawyer in New York call 1-800-APPEALS (277-3257)

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800-277-3257 Re Sentencing Under The Rockefeller Drug

Details: The laws and eligibility requirements can be complicated to navigate through successfully. It is important to consult with and seek out the assistance of an attorney when attempting to petition the court to be re-sentenced under these new laws. Below is a summary of the 2004, 2005 and 2009 Drug Law Reform Acts. The 2004 Drug Law Reform Act

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The Limited Power Of The New York Court Of Appeals: Mixed

Details: People v. Rossi. 2014 NY Slip Op 07006. New York Court of Appeals. Decided on: October 16, 2014. Blog by: Stephen N. Preziosi Esq., Criminal Appeals Lawyer The Emergency Doctrine Exception To The Warrant Rule: A Mixed Question Of Law And Fact.

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Darden Hearing: Was Probable Cause Supplied By a

Details: The Court of Appeals held that a Darden hearing was not required because the police established probable cause regardless of the CI’s statements. People v Adrion and People v Farrow are two cases that produced very distinct outcomes. In People v Adrion (82 NY2d 628 [1993]), the Court of Appeals held that the CI’s tip was necessary to

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The Molineux Rule: The New York Court Of Appeals' Latest

Details: Areas We Serve. We handle New York State Criminal Appeals and Federal Criminal Appeals Throughout The United States. We are well versed in all the procedures and practices in all the Federal Circuit Courts. Click on your areas in New York for more information. To speak to an appellate lawyer in New York call 1-800-APPEALS (277-3257)

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Gang Assault and Mens Rea of Accomplices

Details: Areas We Serve. We handle New York State Criminal Appeals and Federal Criminal Appeals Throughout The United States. We are well versed in all the procedures and practices in all the Federal Circuit Courts. Click on your areas in New York for more information. To speak to an appellate lawyer in New York call 1-800-APPEALS (277-3257)

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CRIMINAL APPEALS ATTORNEY WESTCHESTER COUNTY, NEW …

Details: Performing legal research is the next most important part of constructing a legal brief. Knowing the law and applying those laws, whether they are State Laws or Constitutional concepts that must be applied to your case, it is important to have the most up to date legal research for your case.

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Knowing and Voluntary Guilty Plea

Details: People v Brown. 2010 NY Slip Op 01376 [14 NY3d 113] Decided: February 18, 2010 . Issue : Whether the Defendant’s plea was coerced based on a promise by the trial court that he would be released after his plea to see his son in the hospital and ultimately whether the plea was knowing and voluntary. Facts : Defendant contended that he entered the guilty plea "under conditions of duress" …

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New York Appellate Lawyer

Details: Contact Address: New York Appellate Attorney The Law office of Stephen N. Preziosi. The Law office of Stephen N. Preziosi handles appeals of criminal convictions in all U.S. Circuit Courts of Appeals and in New York State Appellate Courts (including Appellate Divisions and the …

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800-277-3257 Homicide Appeals Vehicular Manslaughter

Details: Attorney at Law Stephen has advised me many times on points of law to ensure I am using the best strategies for my clients. He is a living breathing lexis/nexis; and I would highly recommend him to any attorney or client in need of an appellate attorney.

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The 440 Motion: Raising Ineffective Assistance Claims

Details: People v Grubstein . 2014 NY Slip Op 07924 [24 NY3d 500] New York Court of Appeals. Decided on November 18, 2014. Blog by: Stephen N. Preziosi Esq., Criminal Appeals Lawyer The New York Court of Appeals: Failure To Raise Ineffective Assistance Claim On Direct Appeal Does Not Bar Pro Se Defendant From Raising The Issue Under CPL 440.10

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New York's Speedy Trial Statute CPL 30.30: The People's

Details: People v. Sibblies. New York Court of Appeals. Decided April 8, 2014. 2014 NY Slip Op 02377. Summary: where the People declare themselves ready “off calendar” and then on the next court date announce that they are not ready, they must demonstrate that some exceptional fact or circumstance arose after their declaration of readiness “off calendar” to render them not ready for trial.

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The "Tell 'Em What You Want Rule" of Appellate Advocacy

Details: Appearing at the Appellate Division for oral argument is always an interesting experience. Unless your case is called first, you will sit through several oral arguments and hear other … Continue reading →

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In The News: Drug Trafficking In Miami Florida

Details: When mandatory minimums were enacted in 1986, the intention was that they be applied to kingpins and mid-level dealers. Unfortunately, as the laws were written, they can be (and are) applied to the men and women on the lowest rungs of the drug trade. In order to be convicted, prosecutors will need to prove that Jeri knowingly possessed the cocaine.

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Sixth Amendment Right to Counsel: When Does The Right To

Details: PEOPLE v. LOPEZ DECIDED: FEBRUARY 22, 2011 NEW YORK COURT OF APPEALS Issue : When does the Sixth Amendment Right to Counsel attach and whether the police must inquire of … Continue reading →

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Common Law Right Of Inquiry Archives

Details: People v. Garcia New York Court of Appeals 20 N.Y. 3d 317 Decided on: December 18, 2012 People v. De Bour: Applying The Guidelines Of De Bour To Traffic Stops … Continue reading →

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Unto The Sons Of Anarchy: Jurors Must Follow The Law As

Details: U.S v. Ellis United States Court of Appeals for the Eleventh Circuit 13-10184 Decided on: September 3, 2014 Federal Rules Of Criminal Procedure 23(b)(3) Allows 11 Jurors To Decide A …

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Eyewitness Identification and Expert Testimony

Details: Areas We Serve. We handle New York State Criminal Appeals and Federal Criminal Appeals Throughout The United States. We are well versed in all the procedures and practices in all the Federal Circuit Courts. Click on your areas in New York for more information. To speak to an appellate lawyer in New York call 1-800-APPEALS (277-3257)

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Inability to Speak English Not a Suspect Class for Equal

Details: The Fourteenth Amendment of the U.S. Constitution states that “[n]o state shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws” (US Const amend XIV, 1).

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800-277-3257 Federal Appellate Lawyers In Pennsylvania

Details: Federal appeals are challenging and complex because there are laws exclusive to the Third Circuit that include procedural and substantive law. But our lawyers are award winning writers and orators whose appellate briefs and arguments are detailed and yet engaging so that appellate judges remain open to correcting the Constitutional Right

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Knowing Possession: Court of Appeals Says That Exercise Of

Details: People v. Muhammad. 16 NY3d 184. New York Court of Appeals. Decided on: February 17, 2011. Court of Appeals: Physical P ossession And Exercise Of Dominion And Control Is Knowing Possession . Summary: Police stopped Defendant in his car. When asked for his driver’s license, he gave inconsistent responses and was eventually frisked.

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Gall v. United States: Federal Sentencing Procedures And

Details: GALL V. UNITED STATES UNITED STATES SUPREME COURT DECIDED: December 10, 2007 ISSUES: Whether the District Court committed an abuse of discretion in sentencing Mr. Gall to straight probation; and … Continue reading →

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