Articles Posted in Murder

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A man filed an action to dismiss the charge of murder against him. He subsequently indicted in the State of Maryland, along with his colleague, on the allegation that he conspired with them to the murder of the victim. But, the man was acquitted of the conspiracy charge upon a jury verdict. The narrow issue presented by the motion is whether the conspiracy ruling and the murder statute are designed to prevent different kinds of harm.

The acts allegedly committed by the man which underlie both the Maryland and New York court are substantially the same. The evidence revealed that the man directed his colleague to go from Maryland to New York to kill the victim. It is alleged that the man’s colleague shot and killed the victim in New York.

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The defendant is a confessed serial killer and was convicted by a jury for several offenses including one count of first degree murder for intentionally causing the death of three women in separate criminal transactions that were committed in a similar fashion.

The people filed a notice of intent to seek the death penalty and because of this a separate sentencing proceeding followed the jury case. The jury in the sentencing court determined unanimously that the defendant should be executed. The defendant appealed to this court.

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The petitioner, an inmate at Coxsackie Correctional Facility, has commenced the instant CPLR Article 78 proceeding to review a determination by respondent New York State Board of Parole denying his request for discretionary release. Respondent opposes the petition seeking its dismissal.

Currently, the petitioner is serving an indeterminate prison sentence of 15 years to life upon a plea of guilty to Murder in the second degree. The underlying offense that occurred in 1980 involved the petitioner, in concert with others, robbing a victim at knife-point and then stabbing the victim to death. The petitioner was approximately 20 years old at the time he committed the underlying offense.

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In this criminal case, defendant moves this court to declare Penal Law § 125.27 (1) (a) (vii) unconstitutionally vague and overbroad because it certain phrases that fail to receive consistent definitions. A Queens Criminal Lawyer said that, defendant argues that the phrases “in the course of” and “in furtherance of” run afoul of his State and Federal constitutional protections. A Lawyer said that, defeincludesndant seeks to have this court dismiss the first degree murder counts of the indictment, or preclude their application to him. The People oppose his motion.

The issue in this case is whether Penal Law § 125.27 (1) (a) (vii) is unconstitutional warranting the dismissal of defendant’s first degree murder counts of the indictment, or preclude their application to him.

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