Search for: "People v. McKinney" Results 41 - 60 of 133
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6 Aug 2014, 7:19 pm by Donald Thompson
 In People v Schreier, 22 NY3d 494 [2014], the Court made clear that surreptitiousness is a separate and distinct element from whether the recording was done without the subject’s knowledge or consent, and is also separate and distinct from the requirement that the recording took place in a location where the subject had a reasonable expectation of privacy (both of which are also required by the statute). [read post]
19 Sep 2011, 3:31 am by Russ Bensing
Hawkins-McKinney… Although I give the 6th a hard time in a sentencing decision (see below), it makes up for it with an excellent decision in State v. [read post]
16 Apr 2015, 3:31 pm by Stephen Bilkis
We reiterate, however, that each case is fact specific (see, People v West, 271 AD2d 806; People v Brooks, 270 AD2d 206, lv denied 95 NY2d 794; People v Parr, 155 AD2d 945, lv denied 75 NY2d 870 [all holding that a defendant who performs a significant act of domestic violence against a mother in the presence of a child is guilty of endangering the welfare of that child]). [95 N.Y.2d 374] With respect to defendant's appeal, the issues… [read post]
18 Aug 2011, 9:35 am
"]; People v Olah, 300 NY 96, 102 [1949] ["A statute must be construed and applied as it is written by the Legislature, not as some judges may believe it should have been written. [read post]
10 Mar 2011, 11:39 am by Layla Kuhl
In People v Tomasik, the Court vacated the Court of Appeals judgment and remanded the case to the trial court for further proceedings consistent with People v Stanaway, 446 Mich 643 (1994). [read post]
15 Aug 2011, 3:47 am by Russ Bensing
McKinney, 5th District holds that speedy trial on latter OVI charge did not begin to run until time of charge, not time of arrest… In State v. [read post]