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   State Courts - New York - January 17, 2006

  
Orlian v. New York City Dept. of Educ., 114729/03, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 17, 2006, Decided
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Paradis v. F. L. Smithe Mach. Co., Inc., 2005-04400, Index No. 19544/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Pedreira v. Pedreira, 7604N Index 350700/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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People of the State of New York ex rel. Fred Foster v. New York State Div. of Parole, 7603, Index 402784/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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People v. Archer, 2004-01321 (Ind. No. 365/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Defendant's convictions were affirmed, as the hearing court properly denied that branch of defendant's omnibus motion which was to suppress physical evidence, since the evidence was obtained from a search incident to a lawful arrest.

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People v. Carrington, 7585, Ind. 7175/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Overview: The trial court properly denied defendant's motion to suppress physical evidence and statements, as the record established that his girlfriend voluntarily consented to police and parole officers' entry into the apartment she shared with defendant and to a search under the mattress of her bed, which yielded incriminating evidence.

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People v. Curtis, 2004-01805, Ind. No. 10552/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Garcia, 2003-08084, Ind. No. 03-476, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Defendant's sentencing court was silent on the issue of whether an indeterminate sentence imposed should run consecutively or concurrently with a prior, probation violation sentence. Accordingly, by operation of law, and in light of the People's concession that the two sentences "necessarily merged," the sentences had to run concurrently.

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People v. Gonzalez, 2003-05788, Ind. No. 02-00957, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Goodson, 7600, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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