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The Penal Law of the State of New York combines justification and necessity into a single article, Article 35. "Defense of Justification" comprises sections 35.05 through 35.30 of the Penal Law. The general provision relating to necessity, section 35.05, provides: § 35.05 Justification; generally.
Such crimes usually require proving (1) an intent to hinder apprehension or prosecution and (2) actual aid in the form of either (a) harboring the criminal, (b) providing specified means (such as a disguise) to evade arrest, (c) tampering with evidence, (d) warning the criminal of impending arrest, or (e) using force or deception to prevent the ...
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. [1] It is a criminal offense in many jurisdictions. [2]
Second-degree murder is the second most serious homicide offense in New York. It is defined as when someone commits an intentional killing without a felony under New York's felony murder rule, or an unintentional killing which either exhibits a "depraved indifference to human life" or an unintentional killing caused by the commission or attempted commission of a felony under New York's felony ...
Ellen S Podgor, "Obstruction of Justice: Redesigning the Shortcut" (2020-2021) 46 Brigham Young University Law Review 657; Joseph V De Marco, "A Funny Thing Happened on the Way to the Courthouse: Mens Rea, Document Destruction, and the Federal Obstruction of Justice Statute" (1992) 67 New York University Law Review 570
Claimant's own admitted criminal conduct in possessing, utilizing, and forging the signature of Dolores Harris on a credit card brought the focus of the investigation upon her. Despite her testimony to the contrary at this trial, the court finds that claimant was a willing participant with her son in this scheme to use credit cards belonging to ...
Bryant was arrested for alleged assault in the third degree, according to the New York City Department of Corrections. Bryant died from complications of gastric adenocarcinoma. Jail or Agency: NYC Anna M. Kross (Rikers) State: New York; Date arrested or booked: 2/26/2016; Date of death: 4/16/2016; Age at death: 42; Sources: New York City ...
In some jurisdictions, the very act of making a getaway from a crime scene is an inchoate criminal offense in itself, though it is generally viewed as natural behavior for a lawbreaker. For example, under New York law, "escape" is defined as escaping custody or detention; [2] "unlawful fleeing a police in a motor vehicle" is a distinct crime. [3]