Search for: "People v Cahill" Results 61 - 80 of 82
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17 Nov 2008, 8:32 pm
The Court held that"The threshold issue in evaluating whether a resentence is vindictive is whether the resentence is more severe than that originally imposed" (People v Cahill, 46 AD3d 1455, 1456; see generally People v Young, 94 NY2d 171, 176-177, rearg denied 94 NY2d 876; People v Van Pelt, 76 NY2d 156, 159-160), and a determinate sentence of 25 years is of course more severe than one of 20 years. [read post]
22 Oct 2008, 8:35 am
In People v Lucas (2008 NY Slip Op 07948 [10/21/08]) the Court of Appeals rejected a broad reading of its holding in People v Cahill (2 NY3d 14 [2003], in which the Court had held that it was impermissible double counting to use the intent to kill to transform the criminal trespass into a burglary in the first degree and to then use the burglary in the first degree to elevate a murder in the second degree to a murder in the first degree. [read post]
10 Mar 2008, 1:32 am
S 1277-A Last Act: 03/04/08 reported referred to codesA3581A Sweeney (MS) -- Relates to the establishment of sex offender treatment programs and establishes mandatory treatment and supervision requirements for sex offenders Same as S 6674 Last Act: 03/04/08 reported referred to codesA4988 Eddington -- Requires the promulgation of rules and regulations which shall include guidelines and procedures on the placement of certain sex offenders No Same as Last Act: 03/04/08 reported… [read post]
25 Dec 2007, 9:05 pm
The court adopted the approach in Doe v. [read post]
28 Nov 2007, 7:48 pm
Test adds an additional “balancing of the competing interests” element to the Cahill test Mobilisa, Inc. v. [read post]
26 Nov 2007, 7:49 am
In fact, 65% of the people UCP affiliates serve have a disability other than cerebral palsy. [read post]