Search for: "Cpl McKinney"
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13 Feb 2010, 1:56 am
Cpl. [read post]
12 Nov 2013, 2:24 pm
The hoary maxim of statutory construction "expressio unius est exclusio alterus," literally means the expression of one is exclusion of the other and was legislatively canonized in New York in McKinney's Consolidated Laws of NY, Book 1, Statutes § 74. [read post]
18 Aug 2013, 3:51 pm
It is without a doubt that under CPL § 170.56 a defendant who is granted an ACD is offered certain benefits not accruing under CPL § 170.55. [read post]
5 Jul 2015, 4:54 am
Certainly, when former McKinney, Texas Cpl. [read post]
20 Oct 2011, 7:08 pm
Apart from a "singular circumstance" not present here, the exception does not apply to a prosecutor — such as the Pennsylvania district attorney prosecuting respondent's case — seeking sealed records "after commencement of a criminal proceeding" (id.; see Matter of Akieba Mc., 72 AD3d 689, 690 [2010]; Preiser, 2005 Supp Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 160.50, 2011 Supp Pamphlet, at 125-126). [read post]
19 Dec 2013, 6:43 pm
(CPL 190.50[5][a]). [read post]
8 Feb 2009, 2:08 pm
Supreme Court therefore was required to impose a term of imprisonment upon that conviction (Penal Law § 70.08 [3] [c]; § 120.05 [7]), and thus was also required to order a presentence report prior to imposing the bargained-for sentence (see generally People v Selikoff, 35 NY2d 227, 238, cert denied 419 US 1122; Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 390.20). [read post]
10 Jun 2015, 10:24 am
McKinney Police Cpl. [read post]
4 Jul 2016, 2:10 pm
’ A `written document’ `broadly covers all sorts of reports’ (Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL § 240.20, at 341) and includes, for example, a diagram of a rape victim's vagina in her medical record (People v. [read post]
22 May 2015, 3:54 pm
Order modified in accordance with the opinion herein and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]) and, as so modified, affirmed. -------- Notes: 1. [read post]
18 Aug 2011, 9:35 am
Section 50-a (1) provides, in pertinent part: All personnel records, used to evaluate performance toward continued employment or promotion, under the control of any police agency or department of the state or any political subdivision thereof including authorities or agencies maintaining police forces of individuals defined as police officers in [CPL 1.20] shall be considered confidential and not subject to inspection or review without the express written consent of such police officer . .… [read post]
6 Aug 2014, 7:19 pm
An indictment that the alleged Unlawful Surveillance was surreptitious fails to allege a crime and therefore, may not be amended to include that missing element (see, CPL 200.70[2]). [read post]
16 Apr 2015, 3:31 pm
Order modified in accordance with the opinion herein and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]) and, as so modified, affirmed. -------- Notes: 1. [read post]
9 Nov 2007, 10:14 pm
•Wesley Lynn Ruiz, 27, was arrested in March after shooting and killing Senior Cpl. [read post]
