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Answered 2 days ago.
He needs to have his attorney file his notice of appeal right away in the Appellate Division, Second Department if the trial took place in Nassau County. He should meet with an appellate attorney as soon as possible to make arrangements to order the record on appeal and to discuss both the direct appeal and the possibility of bringing a post-conviction motion. Sometimes we file a post conviction motion with or even before the direct appeal. A post-conviction motion addresses things that may...
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Answered 2 days ago.
The right to appeal is yours but more and more prosecutors are requiring defendants to give up that right pursuant to plea agreements. There are some appellate issues that may not be waived like jurisdiction or if you did not knowingly, intelligently and voluntarily plead guilty or did not knowingly, intelligently and voluntarily give up your right to appeal. However, you must preserve this issue by moving to withdraw your plea or waiver of appeal in the trial court before sentencing or by...
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Answered 29 days ago.
When a defendant pleads guilty to a lesser charge and is directed to return to court for sentencing, the judge usually tells the defendant that he will impose the agreed upon sentence if he (1) cooperates with probation between plea and sentencing, (2) makes all of his court appearances and (3) is not arrested for a new offense. However, if at the time of the plea the judge did not specifically tell the defendant that if he failed to show up for sentencing, he might impose a greater sentence...
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Answered over 1 year ago.
I just had this issue in a case. In NY, if you are deemed to be a NY resident, you must turn in your foreign license within 30 days and obtain a NY state license. Here you are just visiting as a tourist so you do not need to turn in your license and may drive on your foreign license if valid and unexpired. In short, the officer was wrong if your foreign license was not expired and appeared valid. Indeed, you should challenge the VTL 509 charge and produce your license, your passport and some...
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Answered over 1 year ago.
2 attorney answers
The judge should be informed that there has been no response from PA and request that your husband should be released before the ten day period because PA is not responding and this is only a misdemeanor. The judge will probably try to find out what the delay is and if he is not satisfied release your husband. The judge need only give the foreign state a reasonable time to decide whether to come and pick up the defendant if he waives a hearing on identity and the validity of the warrant and...
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Answered 29 days ago.
2 attorney answers
The New York Court of Appeals has held that It is not an assault under the New York Penal Law to place someone at intentional risk of HIV infection. See People v. Plunkett, 19 N.Y.3d 400, 971 N.E.2d 363 (2012) ("Saliva of defendant who was HIV positive could not be considered a “dangerous instrument” necessary to support conviction for aggravated assault upon a police officer.") However, New York State Public Health Law Section 2307 which provides: "Any person who, knowing himself or...
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Answered over 1 year ago.
This is not a big problem in most courts but how you handle it it depends upon where the court is located. In New York City you need to go into the compliance part before your deadline and explain to the clerk that you need more time to finish your hours. They will grant it to you and if they do not give you an extension, you must have your lawyer contact the judge and request more time explaining that the compliance clerk is not granting more time and you are a full time student. In upstate...
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Answered 29 days ago.
Have been reading the news? Anyone can get a gun.
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Answered about 20 hours ago.
I have not researched this but I would guess that an ACD cannot be approved by the court without the knowing, voluntary and intelligent consent of the client. If I was in court and my client appeared to be incoherent or impaired, I would probably ask for an adjournment requesting the ACD offer be kept open. An exception might be when the attorney has an affidavit from the client granting him authority to enter a plea or disposition on his behalf under CPL 170.10(1)(b). Even though an ACD is a...
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Answered 2 days ago.
If your husband is dissatisfied with CJA counsel, hire a private attorney to handle the sentencing and appeal. While it is almost certain that failing to file a timely Rule 29 motion is ineffective assistance of counsel, on appeal you will still need to show prejudice. In other words, you have to show that but for the attorney's failure, the result would have been different and the motion for judgment of acquittal would have been granted. Tough standard to overcome. I suppose it can't hurt...
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