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2 Mar 2014, 3:59 pm
Further, to admit the results of the Intoxilyzer 5000EN, which is conducted at the precinct, the People must show that the devise was properly calibrated, generally within about a six month period as held in People v Boscic. [read post]
26 May 2015, 2:00 pm
Courts have recognized that under Penal Law § 35.10(1) a parent may use physical force against a child when he reasonably believes it to be necessary to promote discipline or the child's welfare (see Fields, 134 AD2dat 365; see People v Prue, 219 AD2d 873 [4th Dept 1995]; People v Thompson, 9 Misc 3d 1123[A] [City Ct, Westchester County 2005]). [read post]
14 Oct 2014, 5:24 pm by Stephen Bilkis
As noted in People v Paul, whether a foundation for the experience and training is set forth or not, it seems that, as a matter of fundamental fairness, defendant should not have to proceed to trial in a narcotics case unless and until a laboratory report has been filed by the People. [read post]
9 Jan 2014, 2:42 pm by Stephen Bilkis
As the Court of Appeals has explained, where a police officer has probable cause to believe that the driver of an automobile has committed a traffic violation, a stop does not violate the state or federal constitutions and neither the primary motivation of the officer nor a determination of what a reasonable traffic officer would have done under the circumstances is relevant akin to People v Robinson and Whren v United States. [read post]
19 Jun 2014, 3:32 pm by Stephen Bilkis
" In the case of Commonwealth v Anderson, 406 Mass 343, 547 NE2d 1134 [1989], the Supreme Court of Massachusetts held that the Commonwealth must carefully comply with written, checkpoint guidelines and that "substantial compliance" is not the standard for a roadblock seizure. [read post]
11 Dec 2009, 5:00 am
We first read Dorsett because it involves one of our bêtes noires, Conte v. [read post]
9 Apr 2015, 12:14 pm by Stephen Bilkis
However, the rule in such instances cannot be that where a supporting deposition is filed which contains a factual recitation of the incident from a complaining witness, like the DIR filed in To Be Cont.. [read post]