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Monthly Archives: April 2012
Restitution In Federal Criminal Cases: Defendant’s Gain Is Not Victim’s Loss
United States v. Zangari 2012 WL 1323189 Decided April 18, 2012 Issue: a matter of first impression in the Second Circuit, the propriety of substituting a defendant’s gain for his victims’ losses in calculating restitution under the Mandatory Victim’s Restitution Act. … Continue reading
Posted in Restitution, Sentence
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Sufficiency of Evidence Under The New Health Care Fraud Statute Penal Law Article 177
People v. Khan 2012 NY Slip Op 00855 Decided February 9, 2012 New York Court of Appeals. Issue: Whether there was legally sufficient evidence to convict under the new health care fraud statute Penal Law article 177 et seq. … Continue reading
Posted in Sufficiency of Evidence
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Prosecution Can Not Dismiss A Count In An Indictment Without The Permission Of The Court
People v. Extale New York Court of Appeals 2012 NY Slip Op 02247 Decided March 27, 2012. Issue: Whether the prosecution can dismiss a count in an indictment over the defendant’s objection. Held: A prosecutor does not have … Continue reading
Posted in Indictment
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