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State Courts -
New York - January 19, 2006
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People v. Morris, 14222,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Though a 21-month delay between when an alleged drug purchase from defendant and the issuance of the indictment against him existed, a trial court determined that defendant's due process rights were not violated since the People established justification for the delay so as to avoid risking the exposure of a confidential informant.
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People v. Murray, 14391B,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Defendant's conviction for promoting prison contraband in the first degree was affirmed; his contention that the seven-month delay between the indictment and his arraignment was unreasonable was unpreserved for review. The determination to deny a N.Y. Crim. Proc. Law § 440.10 motion without a hearing was discretionary with the trial court.
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People v. Ortiz, 7620 Ind. 5072/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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People v. Vasquez, 7630,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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People v. Weber, 15146,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Defendant's conviction of course of sexual conduct against a child in the second degree, in violation of N.Y. Penal Law § 130.80(1)(a), was not against the weight of the credible evidence; the evidence showed that on more than two occasions over a period of at least three months, he subjected the victim to the proscribed sexual conduct.
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People v. Williams, 15941,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Since sufficient evidence existed to support the conclusion that the officers had probable cause to arrest defendant, where he was seen in a high drug area making what appeared to be drug transactions, and that the seizure of the drugs from defendant's pants was an appropriate incident to that arrest, the motion to suppress was properly denied.
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Redgrave v. Redgrave, 98525,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: An ex-wife's contention that she was entitled to a credit for $ 55,800 in maintenance payments that she paid prior to the court's reversal of that award was denied, as maintenance payments could not be recouped because there was a strong public policy against doing so. She was not entitled to credits for mortgage payments and real estate taxes.
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