Search for: "People v. Conte" Results 141 - 160 of 259
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15 May 2014, 3:45 pm by Stephen Bilkis
In People v Crandall, the Court observed that the Commission's recommendations cited in Amaro "only relate to those instances where the commission of a new offense is employed as the predicate for revocation without the issuance of a formal charge by the probation department, the issuance of an arrest warrant, an appropriate notice to appear to the defendant, the assignment of counsel if the defendant cannot afford his own and the holding of a full and complete adversary… [read post]
23 Dec 2013, 4:06 pm by Stephen Bilkis
It should be noted that a SORA proceeding is civil in nature as held in People v. [read post]
3 Sep 2014, 2:45 pm by Stephen Bilkis
The court concludes that the signed and sworn supporting affidavit of the burglary victim constituted reliable hearsay and/or a relevant statement of any victim under Correction Law § 168-n [3], and that the court was entitled to consider and rely on such evidence as clear and convincing proof that defendant is a level three risk as ruled in People v Saleemi, People v Victor, People v Jimenez and People v Salaam. [read post]
19 Aug 2014, 10:44 am by Stephen Bilkis
Although the defendant apparently urges that SORA classification procedures violate procedural due process, the New York Court of Appeals recently analyzed a claim with some similarity to the one here under the substantive due process doctrine in People v Knox. [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]
12 Apr 2015, 11:23 am by Stephen Bilkis
In addition to the confidentiality of the information sought, a subpoena duces tecum may not be used for purposes of procuring discovery, or to ascertain the existence of evidence (see Matter of Amex v Vinci, 63 AD3d 1055 [2d Dept. 2009]; Matter of Terry D., 81 NY2d 1042, 1044 [1993], citing People v Gissendanner, 48 NY2d 543, 551 [1979]). [read post]
18 Oct 2014, 2:25 pm by Stephen Bilkis
Defendant's appeal dismissed upon the ground that the order from which the appeal is taken is not adverse or partially adverse within the meaning of CPL 450.90(1) as in People v Edwards. [read post]
4 Apr 2015, 11:23 am by Stephen Bilkis
193 Misc.2d 432 751 N.Y.S.2d 351 THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. [read post]
30 Sep 2013, 1:16 pm by Stephen Bilkis
In light of the conflict between our holding and the First Department's holding in People v. [read post]
18 Jan 2013, 2:06 pm by Bexis
  We already did that in connection with the original decision in Conte v. [read post]