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How Does Law Enforcement Determine Your Blood Alcohol Content?

Suppose a person has a few glasses of wine with dinner and then drives home. Right before getting home, he turns onto his block without signaling. A police officer then pulls him over and detects an odor of alcohol coming from his breath. The officer…

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Gigi Jordan And Extreme Emotional Disturbance

Gigi Jordan, a multimillion-dollar pharmaceutical executive, was found guilty of Manslaughter earlier this week. In 2010 she killed her autistic son by jamming a cocktail of drugs and alcohol down his throat. She was charged with Murder. After a long bout of bizarre litigation with…

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NY High Court Strikes Down Queens DA Pre-Arraignment Procedures

The New York Court of Appeals vacated a defendant’s conviction and ordered a new trial in People v. Dunbar. They ruled that the statements made by the defendant should have been suppressed because the pre-Miranda statements by the Queens District Attorney’s Office to the defendant…

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“Defense” of Intoxication

Suppose a person goes out for a night of heavy drinking. After the 10 or 11th shot, he blacks out. He then wakes up the next morning in a jail cell. He has absolutely no idea where he is or what is going on. He…

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Entrapment!

Everybody seems to have at least some understanding of entrapment. From a common layperson’s perspective, the idea usually comes up in the context of a situation where an under cover cop pretends to buy or sell an illegal product or service and then arrests the…

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Accomplice Corroboration Requirement In New York

Using the testimony of a person who “has turned state’s evidence” is a common and effective tool used by prosecutors throughout the United States. There are many different circumstances in which a prosecutor’s office would want to do this. An example would be a circumstance…

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Gravity Knives In New York

Under New York law, a person who possessed a gravity knife can go to jail for up to one year. If that same person has previously been convicted of a crime, then the possession of the knife is a felony offense and depending on what…

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Agency Law in New York Drug Cases

Hypothetically speaking, suppose you are in college and your friend calls you up and says, “hey man, a couple of my friends and I are going to be hanging out tonight and we’d like to smoke a little weed, would you mind getting some for…

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Etan Patz Murder Trial And Corroboration Of A Confession

On May 25, 1979, a 6-year old boy named Etan Patz left his home to go to school for the first time without being accompanied by his parents. He lived in lower Manhattan and was supposed to walk just two blocks alone to catch a…

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