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   State Courts - New York - January 17, 2006

  
People v. Holmes, 2002-10992, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Jenkins, 7602, Ind. 3761/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Overview: Defendant's conviction of murder in the second degree was affirmed; his arguments concerning the court's questioning of witnesses were unpreserved, but most of the court's questions to witnesses were proper, in that they clarified testimony or moved the trial forward.

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People v. Jones, 2003-05143, 11101/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Kearney, 2003-08545, Ind. No. 3451/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Langston, 2003-06949, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Levly, 2004-04799, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Mate, 7591-7592, Ind. 6192/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided
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People v. Morales, 2002-05823, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Denial of defendant's motion to suppress statements to fire marshals was affirmed; although defendant's statements to fire marshals should have been suppressed, in light of the overwhelming evidence of defendant's guilt, the error in failing to suppress his earlier statements to the fire marshals was harmless.

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People v. Persaud, 2003-07066, Ind. No. 4418/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Since evidence clearly showed that defendant acted intentionally, not recklessly, when he tried to attack restaurateur who had refused to serve him, he could be convicted of attempted assault, but not reckless endangerment.

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People v. Pomie, 6098/2005, SUPREME COURT OF NEW YORK, KINGS COUNTY, January 17, 2006, Decided
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Overview: Permission to resubmit the matter to another future grand jury under the court's discretionary power under N.Y. Crim. Proc. Law § 190, was denied as to second defendant because good cause was not shown, when no factual basis was given to support a claim that a replay would result in pullulating a decision.

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