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Andrea, Esq.
Andrea, Esq., Attorney
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1. Using WESTLAW/LEXIS, find and cite the 1961 Court of Appeals,

Resolved Question:

1. Using WESTLAW/LEXIS, find and cite the 1961 Court of Appeals, People v. Rosario.
2. Using WESTLAW/LEXIS, find 473 F.2d 439 and cite that case.
3. a. Using Westlaw, find NY CPL 710.20 and state the first sentence of the statute.
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

I will have this for you shortly

 

. Thank you.

 

 

ANDREA, JD, LLM

Member, NY & PA Bar



Edited by Andrea on 11/1/2009 at 4:10 AM EST
Expert:  Andrea, Esq. replied 4 years ago.

1. People of the State of New York v. Luis Manuel Rosario,

9 NY2d 286 (1961), cert denied. 368 U.S. 866

 

2. 473 F. 2d 439 is the case citation of U.S. v. Ted Bristol

and would properly be cited as U.S. v. Bristol , 473 F. 2d 439 (5th Cir. Texas, 1997)

 

3. NY CPL 710.20 Refers to New York Criminal Procedure Law, Section 710.20 and reads as follows:


§ 710.20 Motion to suppress evidence; in general; grounds for.
Upon motion of a defendant who (a) is aggrieved by unlawful or
improper acquisition of evidence and has reasonable cause to believe
that such may be offered against him in a criminal action, or (b) claims
that improper identification testimony may be offered against him in a
criminal action, a court may, under circumstances prescribed in this
article, order that such evidence be suppressed or excluded upon the
ground that it:
1. Consists of tangible property obtained by means of an unlawful
search and seizure under circumstances precluding admissibility thereof
in a criminal action against such defendant; or
2. Consists of a record or potential testimony reciting or describing
declarations, conversations, or other communications overheard,
intercepted, accessed, or recorded by means of eavesdropping, or
observations made by means of video surveillance, obtained under
circumstances precluding admissibility thereof in a criminal action
against such defendant; or
3. Consists of a record or potential testimony reciting or describing
a statement of such defendant involuntarily made, within the meaning of
section 60.45; or
4. Was obtained as a result of other evidence obtained in a manner
described in subdivisions one, two and three; or
5. Consists of a chemical test of the defendant's blood administered
in violation of the provisions of subdivision three of section eleven
hundred ninety-four of the vehicle and traffic law, subdivision eight of
section forty-nine-a of the navigation law, subdivision seven of section
25.24 of the parks, recreation and historic preservation law, or any
other applicable law; or
6. Consists of potential testimony regarding an observation of the
defendant either at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential
testimony would not be admissible upon the prospective trial of such
charge owing to an improperly made previous identification of the
defendant by the prospective witness.
7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation of the provisions of
article seven hundred five of this chapter.

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ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11781
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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