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Articles Posted in Assault

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Defendant in an Assault of a Police Officer Case Had Been Unlawfully Forcibly Detained- People v. Tucker, 34 N.Y.S.3d 744 (2016)

In People v. Tucker, the Appellate Division considered whether there had been sufficient evidence to prove that the defendant had assaulted a police officer in order to prevent him from performing his lawful duty. In the early morning hours, three police officers responded to a 911 call, but the caller…

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Controlled Substance Conviction Thrown Out Due to Illegal Search – People v Ortiz (David) 2019 NY Slip Op 29095

In a possession of a controlled substance case, the court considered whether the police officers properly stopped and arrested the defendant for disorderly conduct.  When the officers stopped the defendant, they found cocaine on his person, leading to a charge of possession of a controlled substance in the seventh degree.…

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New York Appellate Court Reverses Decision and Orders New Trial Regarding Use of Justification Defense

(People v. A., NY Slip Op 00894) This is an appeal from a Supreme Court decision dated 8/26/15, convicting the defendant of assault in the first degree. The court ordered that the judgment be reversed and a new trial is ordered. The defendant attacked his roommate, slashed his neck, and…

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Defendants Move to Dismiss Indictments Based on Lack of Jurisdiction

In May of 2001, the defendant allegedly assaulted a woman because she had helped police with a drug investigation that involved the defendant’s brother. The investigation was multicounty in the scope and revealed a distribution network that implicated the defendant’s brother. The Attorney General’s Organized Crime Task Force appointed a…

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