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State Courts -
New York - January 12, 2006
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People v. Feller, 15440,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Defendant's conviction upon his guilty plea of assault and of violating the terms of his probation was affirmed; defendant's challenge to the factual sufficiency of the plea allocution was foreclosed by his voluntary waiver of the right to appeal, and unpreserved due to his failure to move to withdraw the plea or vacate the judgment of conviction.
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People v. Jones, 7580,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People v. Locke, 15163,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because defendant voluntarily accompanied police to the station and was not taken into custody until after giving a statement to police at the station, no Payton violation occurred, and the Fourth Amendment was not violated; therefore, the trial court properly denied defendant's motion to suppress.
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People v. Maldonado, 7564,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: In defendant's robbery prosecution, the trial court's Sandoval ruling was proper because defendant's theft-related convictions were relevant to his credibility and none of his convictions was excessively remote in time.
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People v. Marshall, 15065,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Defendant's argument that the trial court erred in imposing a sentence greater than that which was contemplated by a plea agreement without allowing him the opportunity to withdraw his guilty plea fell within the scope of his waiver of the right to appeal, which he failed to challenge by moving to vacate the plea or judgment.
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People v. Overton, 7582,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People v. Pedraza, 5289 Ind. 58/00,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because defendant was prosecuted under an acting in concert theory, there was sufficient evidence that she procured the kidnapping of the victim as well as a subsequent arson and attempted murder of the victim; in the interest of justice, the kidnapping sentence was ordered to run concurrently with the sentences for arson and attempted murder.
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