Search for: "People v. Dunaway" Results 1 - 20 of 25
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9 Apr 2015, 12:14 pm by Stephen Bilkis
First, as the defendant has argued, there is the position articulated in People v Stridiron, 175 Misc 2d 16 (Criminal Ct Queens County 1997), where the court established a four-part test for determining whether a Domestic Incident converts a complaint to an information.1 The first Page 3 prong of the Stridiron test, which is what is at issue in the instant case, is that the factual allegations of a Domestic Incident Report "must contain every element of the factual allegations… [read post]
8 Apr 2015, 11:47 am by Stephen Bilkis
Page 1 2009 NY Slip Op 51445(U) THE PEOPLE OF THE STATE OF NEW YORK v. [read post]
6 Apr 2015, 4:11 pm by Stephen Bilkis
Defendant's motion to preclude impeachment evidence, People v Sandoval 34 NY2d 371 (1974), and evidence-in-chief of prior bad acts, People v Ventimiglia 52 NY2d 350 (1981), is referred to the trial court for hearings immediately prior to trial. [read post]
12 Jun 2014, 1:56 pm by Stephen Bilkis
The People's request for a Dunaway/Scott hearing was denied. [read post]
25 May 2014, 11:08 am
People v Perkins ruled that PL §§ 265.01(1) and 400.00 are constitutional and do not run afoul of Heller. [read post]
21 May 2014, 4:35 pm by Stephen Bilkis
Under the Fourth Amendment it is unreasonable to seize evidence unless the evidence was within the plain view of the officer’s sight according to People v Spinelli, 35 NY2d 77 [1974] and the property was recovered as a result of an inventory search. [read post]
11 Nov 2013, 8:05 pm by Walter Olson
High times at the Federal Mediation and Conciliation Service [Luke Rosiak, Examiner via Jim Harper, Cato] 6th Circuit: In ruling company’s suit against union to be unfair labor practice, NLRB breezed past First Amendment issues [NLRB v. [read post]
27 Oct 2013, 2:31 pm by Stephen Bilkis
People v Scott, Michigan Dept of State Police v Sitz, Indianapolis v Edmond, People v Jackson and People v Trotter settled that a roadblock or checkpoint stop is a seizure within the meaning of the Fourth Amendment. [read post]
19 Sep 2013, 5:36 pm by Stephen Bilkis
On the consent of the People and pursuant to People v Dunaway, Mapp v Ohio and People v Huntley, a hearing was held in this matter on 19 October 2012. [read post]
5 May 2013, 2:51 pm by Barry Barnett
You'll note that the case Liptak uses to kick off the article, Comcast Corp. v. [read post]