16 Cited authorities

  1. People v. Nieves

    2 N.Y.3d 310 (N.Y. 2004)   Cited 414 times
    In Nieves, the defendant contended that the orders of protection were unlawfully lengthy because, after the sentencing court entered them with fixed expiration dates based on the defendant's anticipated release date, DOCCS credited him with additional jail time, rendering the orders above the statutory maximum.
  2. People v. First Meridian Corp.

    86 N.Y.2d 608 (N.Y. 1995)   Cited 86 times
    In First Meridian Planning the Court held that “although the mere failure to disclose information is not usually sufficient to establish larceny by false pretenses, the failure of a seller of securities to disclose every material fact may be the basis of a larceny conviction”.
  3. Matter of Walker v. Walker

    86 N.Y.2d 624 (N.Y. 1995)   Cited 42 times
    Upholding defendant's convictions for three violations of a protective order when defendant sent victim three letters
  4. In the Matter of Aumell v. King

    18 A.D.3d 905 (N.Y. App. Div. 2005)   Cited 11 times

    95588. May 5, 2005. Spain, J. Appeals from two orders of the Family Court of Clinton County (Lawliss, J.), entered February 25, 2004, which, inter alia, granted petitioner's application, in a proceeding pursuant to Family Ct Act article 8, to find respondent in willful violation of an order of protection. Before: Cardona, P.J., Mercure, Peters and Carpinello, JJ., concur. In November 2003, Family Court issued an order of protection ordering respondent to stay at least 1,000 feet away from her sister

  5. Lanzafame v. Jones

    121 A.D.3d 1598 (N.Y. App. Div. 2014)

    2014-10-3 In the Matter of Jennifer L. LANZAFAME, Petitioner–Appellant, v. Robert A. JONES, Jr., Respondent–Respondent. Appeal from an order of the Family Court, Onondaga County (Thomas Benedetto, R.), entered July 22, 2013 in a proceeding pursuant to Family Court Act article 8. The order dismissed the petition. Frank H. Hiscock, Legal Aid Society, Syracuse (Rupak R. Shah of Counsel), for Petitioner–Appellant. D.J. & J.A. Cirando, Esqs., Syracuse (Elizabeth Dev. Moeller of Counsel), for Respondent–Respondent

  6. People v. Purpura

    12 Misc. 3d 933 (N.Y. Crim. Ct. 2006)

    2006KN033702. May 25, 2006 Charles J. Hynes, District Attorney (Wilfredo Cotto of counsel), for plaintiff. Paul A. LeMole for defendant. OPINION OF THE COURT EILEEN N. NADELSON, J. Defendant is charged with one count of assault in the third degree, one count of menacing in the third degree, and one count of harassment in the second degree. According to the complaint, defendant and the complaining witness got into an altercation at a bar and defendant struck the complaining witness, causing the complaining

  7. People v. Bostic

    10 Misc. 3d 775 (N.Y. Dist. Ct. 2005)

    November 30, 2005. Thomas J. Spota, District Attorney, Hauppauge ( John Cortes of counsel), for plaintiff. Legal Aid Society, Bay Shore ( Robert C. Mitchell, Holly Meyer and James Bennett of counsel), for defendant. OPINION OF THE COURT PATRICIA M. FILIBERTO, J.Page 776 The defendant was originally charged by felony complaint with robbery in the second degree (Penal Law § 160.10). At the time of arraignment on the felony complaint, a nonfamily temporary "stay away" order of protection was issued

  8. In re Jason MM.

    245 A.D.2d 892 (N.Y. App. Div. 1997)   Cited 5 times

    December 24, 1997 Appeal from the Family Court of Chemung County (Castellino, J.). During the pendency of a neglect proceeding, Family Court issued a temporary order of protection providing, as relevant here, that respondent James MM. (hereinafter respondent) "stay away from [his four children] at all times, at * * * their residence and place of employment, or wherever they may be" (emphasis in original). Based upon evidence placing respondent in the area of the children's home and school, Family

  9. People v. Garris

    159 Misc. 2d 586 (N.Y. Misc. 1993)   Cited 7 times

    November 18, 1993 Denis Dillon, District Attorney of Nassau County, Hempstead (Norman St. George of counsel), for plaintiff. Legal Aid Society of Nassau County, Hempstead (Stacey Robinson of counsel), for defendant. CARNELL T. FOSKEY, J. On October 15, 1993, this court issued a permanent order of protection directing the defendant to stay away from the complainant and to refrain from attempting to contact her. The People now move for an order amending the order of protection to include the complainant's

  10. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,269 times   181 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
  11. Section 1 - Repealed

    18 U.S.C. § 1   Cited 468 times   1 Legal Analyses
    Defining petty offenses as crimes "the penalty for which . . . does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or Page 838 both"
  12. Section 2265 - Full faith and credit given to protection orders

    18 U.S.C. § 2265   Cited 181 times   1 Legal Analyses
    Excluding "protection order issued ... against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse" if "no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order"
  13. Section 2263 - Pretrial release of defendant

    18 U.S.C. § 2263

    In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant. 18 U.S.C. § 2263 Added Pub. L. 103-322, title IV, §40221(a), Sept. 13, 1994, 108 Stat. 1928.

  14. Section 1000.13 - Motions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.13   Cited 479 times

    (a) General procedures. (1) Return date. Unless otherwise provided by statute or by order of this court or justice of this court, a motion to this court shall be returnable at 10:00 a.m. on any Monday (or, if Monday is a legal holiday, the first business day of the week), regardless of whether the court is in session. A motion shall not be adjourned except upon the written consent or stipulation of the moving party or by order of this court. (i) A motion for permission to appeal shall be made returnable

  15. Section 500.23 - Amicus curiae relief

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.23   Cited 3 times

    Any non-party other than the Attorney General seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion. Potential amici seeking information are encouraged to contact the clerk's office by telephone during business hours. Information on the calendar status of appeals and certified questions, court session dates and appropriate return dates for amicus motions also is available on the court's website. (a)Motions for amicus curiae

  16. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation