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Articles Posted in SEX CRIMES

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How to Dispute Hearsay Evidence in New York Criminal Cases

Criminal prosecutions in New York are confined by constitutional and statutory protections for people accused of crimes in this state. The state rules of evidence and criminal procedure prevent prosecutors from eliciting certain types of testimony and other evidence that is determined to be inadmissible hearsay. Hearsay involves an out-of-court…

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New York Court Denies Defendant’s Appeal in Sexual Assault Case

In a recent opinion from a New York court, the defendant in a child sexual assault case lost his appeal after he attempted to argue that the prosecution had behaved unfairly during his trial. The court disagreed, reviewing the prosecutor’s conduct and concluding that it was all acceptable. The defendant’s…

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New York Appellate Division Vacates or Reduces Several Sex Crime Convictions

When juries are given the ability to determine a defendant’s guilt, the stigma of the crimes alleged sometimes plays a larger factor in the jury’s decision than evaluation of the required elements of the crime. Because of this, it is extremely important in the administration of criminal justice that juries…

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Court Grants Defendant’s Motion to Suppress in New York Child Abuse Case After Violation of Defendant’s Right to Counsel

Recently, a state appellate court issued an opinion in a New York child abuse case requiring the court to determine if an interview conducted by a child protective services caseworker was in violation of the defendant’s right to counsel. Ultimately, the court determined that the interview was indeed a violation…

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New York Court Concludes Out-of-State Conviction for Murder of a Minor Does Not Require Sex-Offender Registration

The New York State Sex Offender Registration Act (SORA), has added a very serious consequence to the commission of many crimes.  The requirements of SORA apply to both New York State convictions and to conviction from other states, if the convicted person is or becomes a New York resident.  Earlier…

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