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Indignant Indigent: September 2009

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A practical source for New York criminal law updates and commentary. Wednesday, September 16, 2009. The Indignant Indigent Returns. After a restful summer,. The Indignant Indigent returns. The Appellate Division, Fourth Department will release new decisions on October 2nd and 9th, and readers can expect new content and analysis that day and on the days in between. In the mean time, please read this. David M. Abbatoy, Jr. Subscribe to: Posts (Atom). The Indignant Indigent Returns. New York Law Blogs.

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Indignant Indigent: June 2008

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A practical source for New York criminal law updates and commentary. Wednesday, June 25, 2008. When Does a "Conviction" Occur? Many statutes impose harsher penalties on a defendant who commits a crime. After he has been "convicted" of another crime. For example, a UUMV. Conviction after a prior is more serious, the second DWI is a felony and so. On Today, in People v Montilla. The Court of Appeals held that a. Defendant is convicted, at least for some purposes, the day he pleads. Does not support a.

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Indignant Indigent: May 2009

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A practical source for New York criminal law updates and commentary. Tuesday, May 12, 2009. New York Times Coverage of Forensic Sciences. This week, The New York Times is running a series of articles regarding the ability of certain forensic sciences to make accurate conclusions. The Indignant Indigent has written in the past about two forensic sciences that are very important to criminal investigations, but often produce faulty or skewed results. First, the Indignant Indigent has. Monday, May 11, 2009.

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Indignant Indigent: April 2010

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A practical source for New York criminal law updates and commentary. Thursday, April 01, 2010. News Coverage of Persistent Felony Offender Decision. The Second Circuit's decision. In the persistent felony offender case is attracting much attention in the mainstream and legal media. Habeas Corpus Blog has a good. Of the initial coverage. David M. Abbatoy, Jr. Subscribe to: Posts (Atom). News Coverage of Persistent Felony Offender Decisi. Appellate Briefs (Second Department). Center for Appellate Litigation.

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Indignant Indigent: January 2009

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A practical source for New York criminal law updates and commentary. Friday, January 30, 2009. Does Consumption of Alcohol Before Driving Constitute Depravity? On January 29, 2009, the Second Department decided. People v. Valenica. A case with potentially great impact upon whether prosecutors can validly charge defendants with depraved indifference assaults (or homicides) when the defendant injures or kills another motorist while intoxicated. Penal Law 120.10[3]. There was one dissenter who argued that:.

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Indignant Indigent: March 2009

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A practical source for New York criminal law updates and commentary. Friday, March 27, 2009. Conviction Reversed for Two Miranda Violations. People v. Patrick Bungo. In reversing Mr. Bungo's conviction on. Grounds, the Fourth Department ruled:. The first statement was made by defendant after he had been arrested and was in custody but before he had received his Miranda. Warnings, and the statement was made in response to questions that were " likely to elicit an incriminating response' " ( People v Wearen.

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Indignant Indigent: February 2011

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A practical source for New York criminal law updates and commentary. Thursday, February 10, 2011. Just a quick note here to let the readers of I.I. know that I have started a new blog, RocLaw. With a focus on civil and criminal practice in Rochester, New York. Now back to your regularly scheduled programming. Subscribe to: Posts (Atom). Appellate Briefs (Second Department). Center for Appellate Litigation. Challenging Firearms Examiners Part I. Challenging Firearms Examiners Part II. New York Law Blogs.

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Indignant Indigent: Court of Appeals Upholds Persistent Felony Offender Statute... Again

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A practical source for New York criminal law updates and commentary. Wednesday, February 25, 2009. Court of Appeals Upholds Persistent Felony Offender Statute. Again. On February 24, in. People v. Quinones. The Court of Appeals reaffirmed its previous holdings that the state's discretionary persistent felony offender [PFO] statute does not violate. Apprendi v. New Jersey. 530 US 466 [2000]). In. 530 US at 490). New York has a. Taking the foregoing into account, defendant's argument that the higher persis...

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Indignant Indigent: RocLaw

http://indignantindigent.blogspot.com/2011/02/roclaw.html

A practical source for New York criminal law updates and commentary. Thursday, February 10, 2011. Just a quick note here to let the readers of I.I. know that I have started a new blog, RocLaw. With a focus on civil and criminal practice in Rochester, New York. Now back to your regularly scheduled programming. Appellate Briefs (Second Department). Center for Appellate Litigation. Challenging Firearms Examiners Part I. Challenging Firearms Examiners Part II. DOJ Eyewitness Identification Guidebook. From Ja...