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State Courts -
New York - January 5, 2006
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People of the State of New York ex rel. Stanley Stephenson v. New York City Dept. of Correction, 7494, Index 51220/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Bautista, 7479,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Fields, 7482,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Gonzalez, 7496- 7496A, Ind. 1468/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Hart, 14861,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Defendant's grand jury indictment superseded the criminal court information and the proceedings before the local criminal court; the grand jury had the authority to indict regardless of any alleged defects in the earlier accusatory instrument or proceedings. The grand jury duly indicted defendant on one count of attempted murder.
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People v. Lewis, 15357,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Certain tapes were properly admitted to support a defendant's conviction of drug deals with a confidential informant. The tapes contained static but were not so inaudible that the jury was left to speculate as to their contents, so any infirmities went to the weight of the evidence and not to admissibility.
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People v. Lucas, 15334,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Defendant's conviction of tampering with evidence, N.Y. Penal Law § 215.40(2), was not against the weight of the evidence, as the jury could have rationally found that defendant hid a woman's clothing and identification to prevent the police from finding the items and using them as evidence as to the woman's claims of kidnapping and rape.
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People v. Mendez, 7490,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Morales, 7508,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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