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State Courts -
New York - January 23, 2007
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People v. Anonymous, 38-38A,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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People v. Bryant, 31, Ind. 6642/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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People v. Cooper, 2004-03500, (Ind. No. 1282/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Because the statements that defendant made to law enforcement officials were made after the intelligent, knowing, and voluntary waiver of his Miranda rights and were not the product of coercion, the hearing court properly denied defendant's motion to suppress his statements.
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People v. Costanza, 2006-00222, (Ind. No. 4/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: County court properly revoked probation under CPL § 470.10(5) and imposed prison sentence on defendant's second-degree assault conviction because, after hearing, during which evidence of defendant's mental illness was rejected as showing lack of capacity, court found that defendant violated term of probation by refusing to submit to drug testing.
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People v. DeLaRosa, 41-42, Ind. 5293/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: Despite defendant's claim of ineffective assistance of counsel by the introduction of a videotape which allegedly resulted in prejudice to defendant because it was shown to have been altered, reasonableness of counsel's conduct turned on matters not in the record, and the existing record showed that defendant received effective assistance.
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People v. Gajadhar, 8878, Ind. 1507/94,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: Defendant's challenge to his convictions failed because he did not show that N.Y. Const. art. I, § 2, and CPL 270.05 precluded criminal defendant to be tried by jury of less than 12 persons, and his written waiver complied with constitutional requirements. Thus, he was bound by his waiver of the right to be tried by a jury consisting of 12 persons.
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People v. Greene, 33, Ind. 6057/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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