Search for: "People v. Conte" Results 201 - 220 of 259
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10 Nov 2013, 11:03 am by Stephen Bilkis
She may only be guilty of a violation of section 81 of the Penal law as held in People v. [read post]
28 Oct 2013, 2:47 pm by Stephen Bilkis
Thus, primarily because of the "legal stigma" attached to warrantless and suspicionless stops, the People bear the burden of proving at a suppression hearing that the particular checkpoint in question was conducted in a non-discretionary manner, that is, the officers did not exercise individual discretion as to which cars to stop or what questions to ask akin to People v Cabrera. [read post]
27 Oct 2013, 2:31 pm by Stephen Bilkis
People v Scott, Michigan Dept of State Police v Sitz, Indianapolis v Edmond, People v Jackson and People v Trotter settled that a roadblock or checkpoint stop is a seizure within the meaning of the Fourth Amendment. [read post]
9 Oct 2013, 2:03 pm by Stephen Bilkis
Reasoning by analogy to the court’s decision in People v LeGrand, which dealt with expert testimony on eyewitness identification, defense counsel argued that the judge should at a minimum hold a Frye hearing on the admissibility of Dr. [read post]
6 Oct 2013, 3:10 pm by Stephen Bilkis
These convictions are not "otherwise taken into account by the guidelines," and thus may be considered in the context of an upward departure as ruled in the case of People v Miller and People v Mudd. [read post]
30 Sep 2013, 1:16 pm by Stephen Bilkis
In light of the conflict between our holding and the First Department's holding in People v. [read post]
3 Aug 2013, 3:46 pm by Stephen Bilkis
This is pursuant to CPL 470.05[2] and the court’s ruling in the case of People v. [read post]
3 Aug 2013, 3:44 pm
Viewing the evidence in the light most favorable to the People as was established in People v. [read post]
9 Feb 2013, 12:41 pm by Brian Shiffrin
People v Nimmons, 95 AD3d 1360, 1360-1361, lv denied 19 NY3d 1028; People v Tucker, 91 AD3d 1030, 1031-1032, lv denied 19 NY3d 1002; People v Ham, 67 AD3d 1038, 1039-1040; People v Gray, 30 AD3d 771, 773, lv denied 7 NY3d 848).Mr. [read post]
18 Jan 2013, 2:06 pm by Bexis
  We already did that in connection with the original decision in Conte v. [read post]
28 Dec 2012, 1:57 pm by Bexis
  In the absence of proof that real people were exposed to products that were unsafe or ineffective (instead of just improperly promoted), there is simply no injury, and thus no standing, for any sort of claim by a TPP or other beneficiary for purely economic loss. [read post]
30 Jul 2012, 3:52 pm by Kent Scheidegger
On July 18, I noted that Chief Justice Roberts had issued a stay in Maryland v. [read post]