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14 Jun 2011, 4:10 am
” The Appellate Division noted that similar constitutional challenges have been rejected in prior cases, citing Guarrera v Lee Mem. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
1 Sep 2017, 11:01 am by David J. Halberg, Esq.
Stat. 766.118, are unconstitutional under the state constitution’s Equal Protection Clause. [read post]
27 Dec 2014, 11:27 am
For example, in Lee v New York Hosp Queens, 35 Misc.3d 1225 (Queens Co. 2012) a medical malpractice victim suffocated and choked to death during intubation while fully conscious over the course of 12 minutes. [read post]
2 Aug 2018, 10:44 am by Brian Shiffrin
 However, if the warrant turns out to be invalid or vacated . . . [,] or nonexistent . . . , any evidence seized as a result of the arrest will be suppressed notwithstanding the reasonableness of the arresting officer's reliance upon the communication" (emphasis added)  (People v Lee, 126 AD2d 568, 569,  [2d Dept 1987]; see People v Jennings, 54 NY2d 518,[1981]; People v Lent, 92 AD2d 941, 941,  [2d Dept 1983]). [read post]