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State Courts -
New York - January 18, 2007
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People v. Daniels, 19, Ind. 4270/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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People v. Faulkner, 13804,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Defendant was prejudiced because limited recording of voir dire failed to provide for full appellate review and, based only on information in record, juror should have been dismissed for cause. Trial court noted that juror said situation involving prior jury service "might affect him," but record did not show if further questions were asked.
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People v. Guthinger, 16308,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Defendant's conviction upon his plea of guilty of the crime of burglary in the second degree was affirmed; given defendant's failure to move to withdraw his plea or vacate the judgment of conviction, his challenge to the voluntariness of the plea was not preserved for review. His challenge to the severity of his sentence was lacking in merit.
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People v. Mane, 16534,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because the People made diligent, albeit unsuccessful, efforts to obtain defendant's presence for trial, the entire period from June 30, 2004 to January 19, 2005 when defendant was in custody in Vermont awaiting trial on unrelated charges, was excludable, leaving only 87 days chargeable to the People, CPL 30.30(4)(e).
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People v. Marchan, 9991, Ind. 4823/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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People v. McNair, 15932,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because a police officer received an identified civilian's 911 call about an individual with a gun, because defendant ran when approached, and because defendant's gun was found near where he was caught, there was probable cause to arrest defendant for third-degree criminal possession of a weapon, and his suppression motion was properly denied.
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People v. Nealon, 16321,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because defendant initiated a drug transaction with a police officer and a confidential informant, even though the drugs were obtained from another person, the jury properly rejected defendant's agency defense; because the second felony offender sentence of 10 to 20 years in prison was unduly harsh and excessive, it was reduced to 6 to 12 years.
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