Search for: "Rivera v. State" Results 41 - 60 of 711
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11 Nov 2016, 9:53 am by New York Criminal Defense
Early last week the Court of Appeals reversed a decision of the First Department which held that the rule of law announced in People v Catu applies retroactively to pre-Catu convictions (People v Smith, 132 AD3d 511 [1st Dept 2015]) -- a decision I had labeled a "huge success for the criminal defense bar" in an October blog post.In People v Catu, the New York Court of Appeals held that the court must advise a defendant of the post-release… [read post]
29 Apr 2022, 7:26 am by Daniel Habib
Apr. 26, 2022), the Circuit (Nardini, joined by Sack and Park), held that a state trial court’s erroneous denial of a defendant’s peremptory strike does not violate the federal Constitution under Rivera v. [read post]
3 Mar 2008, 9:00 am
While Rivera claimed that his state of intoxication negated the “knowingly” element of the crime, he apparently failed to raise that defense at the time of trial.And since nothing in the record suggested that he was “under the influence” at the time of the incident, the AD1 was of the opinion that the lower court’s verdict was consistent with the evidence.We're betting Rivera was drunk with sorrow after that… [read post]
3 May 2010, 2:47 pm by Dwight Sullivan
There will probably never be a record of trial in the court-martial case of United States v. [read post]
27 Aug 2010, 4:33 am
New York City Fire Department Emergency Medical Technician terminated after testing positive for cocaine NYC Fire Department v Rivera, OATH Index #3416/09OATH Administrative Law Judge Julio Rodriguez recommended termination of Carlos Rivera, a New York City Fire Department EMT.Rivera tested positive for cocaine in a random workplace drug test -- registering more than 250 times the official cut-off.The Department had previously sent him for voluntary rehabilitation three… [read post]
8 Jun 2008, 9:19 am
Wiretap guru Judge Betty Fletcher (left) brings us a disappointing Title III decision this week in United States v. [read post]