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24 May 2015, 3:22 pm
Additionally, the factual portion and any accompanying depositions must provide reasonable cause to believe the defendant committed the offense charged, as well as nonhearsay factual allegations of an evidentiary character which, if true, establish every element of the offense charged and defendant's commission thereof (CPL 100.15[3] & 100.40[1]; see People v Dumas, 68 NY2d 729 [1986]; see also People v Alejandro, 70 NY2d 133 [1987]). [read post]
12 Sep 2013, 5:18 pm by Donald Thompson
The notice requirement is excused when a defendant moves for suppression of the identification testimony (CPL § 710.30[3]; People v Merrill, 87 NY2d 948; see also, People v Lopez, 84 NY2d 425). [read post]
10 Jan 2024, 6:32 am by Andrew Lavoott Bluestone
The three are: (1) alleging proximate cause, (2) Subsequent attorney principles, and (3) account stated. [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
The legislature amended Civil Service Law § 167 (1) to codify the negotiated contribution rates for qualifying employees who retired after January 1, 1983, but the amendment did not change the State's contribution rates for qualifying employees who had retired before that date (see L 1983, ch 14, § 1). [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
The legislature amended Civil Service Law § 167 (1) to codify the negotiated contribution rates for qualifying employees who retired after January 1, 1983, but the amendment did not change the State's contribution rates for qualifying employees who had retired before that date (see L 1983, ch 14, § 1). [read post]
10 Jun 2019, 4:00 am by Public Employment Law Press
The Administrative Law Judge found, upon the hearing, that a preponderance of the evidence showed that the petitioner committed a category three act of neglect (see Social Services Law §§493[3][a][i]; [4][c]; 494[1][a]; 14 NYCRR 624.5[j][1][i]; 700.4-700.5). [read post]
26 Mar 2010, 5:08 pm by Brian Shiffrin
Defendant admitted his commission of the two violations set forth in the petition, in exchange for a sentencing promise of imprisonment of 1 to 3 years, and the court ordered an updated presentence report. [read post]
24 May 2018, 3:55 am by Andrew Lavoott Bluestone
(General Business Law § 352-h; 13 NYCRR 20.3 [o] [2], [3] [xii].) [read post]