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8 Apr 2013, 4:59 am
Now having read the general language of Endangering the Welfare of a Child in New York, to better understand NY PL 260.10 one should also examine how far must one's actions go before one has crossed the line from a non-criminal to a criminal act. [read post]
21 Sep 2011, 5:53 am
First, the statute does not indicate if you cause physical injury to another person your actions need to be knowing, intentional or even reckless. [read post]
9 Jun 2014, 3:19 am by Jeremy Saland
One of the most common strict liability and per se crime in the New York Penal Law is that of Criminal Possession of a Weapon in the Fourth Degree, pursuant to NY PL 265.01. [read post]
4 Sep 2014, 4:46 pm by Stephen Bilkis
The People also argue that the defendant, in his motion papers, does not dispute the factual allegations in the indictment but intends to assert at trial a defense under PL § 156.50(1) that he had "reasonable grounds to believe that he had authorization to use the computer". [read post]
13 Sep 2013, 12:08 pm
Yes, it is a drug and some form of narcotic or controlled substance, but how does that translate into New York criminal law? [read post]
24 Jan 2013, 7:34 am
This specific subsection does not address the value of a theft or the nature of the property stolen, but codifies the felony of taking property from another's person. [read post]
24 Sep 2008, 9:58 pm
However, in order to sustain a conviction under PL 265.02(1) - CPW3, instead of CPW4, the Court of Appeals ruled that "conviction" meant only that the defendant had pled guilty, not that there was a judgment of conviction.Therefore, after the defendant pled guilty, but before he was sentenced, hestood "convicted" of the crime he pled to and was therefore subject toharsher penalties for possession of a weapon.The Court did point out that recidivist statutes require the… [read post]
22 Feb 2018, 6:54 pm by Jeremy Saland
What is clear is that, under Aikey, one parent pushing another parent in the presence of a nearby child is enough to sustain a conviction for PL 260.10. [read post]
25 May 2014, 11:08 am
Nor does he argue that the fees are unrelated to the costs of conducting the background checks. [read post]
16 Sep 2020, 4:10 am by Howard Friedman
Com Pl., filed Sept. __, 2020), contends that the exemption for students "when an established sincerely held religious requirement exists which does not permit a facial covering" violates their free exercise rights. [read post]
30 Aug 2013, 3:56 pm by Stephen Bilkis
A Kings Marijuana Possession Lawyer said that, the defendant, charged with Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law (PL) § 220.03), Criminally Using Drug Paraphernalia in the Second Degree (PL § 220.50[2]) and Unlawful Possession of Marijuana (PL § 221.05) moves to dismiss the accusatory instrument on speedy trial grounds alleging that the People failed to announce their readiness for trial within the applicable ninety… [read post]
21 Aug 2013, 5:15 pm by Stephen Bilkis
A Kings Marijuana Possession Lawyer said that, the defendant, charged with Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law (PL) § 220.03), Criminally Using Drug Paraphernalia in the Second Degree (PL § 220.50[2]) and Unlawful Possession of Marijuana (PL § 221.05) moves to dismiss the accusatory instrument on speedy trial grounds alleging that the People failed to announce their readiness for trial within the applicable ninety… [read post]