Archived
Can I appeal a decision made on a motion to reargue in nys criminal court? Must I wait until I am convicted, if so?
Terry's answer
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Answered on March 24, 2014
If you are in Nassau District Court, the appeal will go to the Appellate Term, 9th & 10th Districts. If you are in County Court, the appeal will...
Archived
What is the statute of limitation for filing discrimination against someone in New York State? I have a possible case in NY..
Terry's answer
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Answered on March 23, 2014
By your logic, any termination of contractual work equals discrimination. Sometimes it may be, in the eyes of the law, but more often it is not. ...
Archived
When the judge says the district atty has 30 days to either appeal or file new, how is the 30 days established?
Terry's answer
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Answered on March 23, 2014
I disagree with my colleagues. CPL 460.10(1)(a) says that the 30 days to appeal a criminal order not part of a judgment runs from when the order...
Archived
Can you make an appeal against a sentence?
Terry's answer
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Answered on March 22, 2014
A guilty plea should be by agreement with the DA and the judge, and specifies what charge(s) you will plead guilty to, and what the sentence will...
Archived
If an attorney clearly commits an act of fraud in Appellate Division and my attorney did not appeal is case over?
Terry's answer
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Answered on March 22, 2014
First, you likely did not have an appeal as of right to the Court of Appeals, as that is available in very few cases. You thus would have been...
Archived
Have a court date coming up been trying to serve a petition but cannot locate person what happens next?
Terry's answer
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Answered on March 20, 2014
You'll have to go to the Clerk and get a fresh summons, maybe file a new petition (with same allegations as before). Serving after the deadline is...
Archived
Lawyer for a 440 motion in Onondaga County
Terry's answer
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Answered on March 19, 2014
Call Gary Muldoon in Rochester. He wrote the book "Handling a Criminal Case in New York."
Archived
If the judge does give me more time to do the depositions via skype, can I just record them myself and type them up or do I
Terry's answer
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Answered on March 18, 2014
You need to have a certified court reporter. Depositions are evidence--don't monkey with the process.
Archived
In NY, does a phrase like “is directed to” constitute an appealable Order in a divorce trial decision?
Terry's answer
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Answered on March 18, 2014
If the document is entitled "decision and order" it is an appealable order. If it is entitled "decision" but, at the end, says "so ordered" before...
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Archived
Does it look badly to not give a oral argument at appeal.
Terry's answer
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Answered on March 15, 2014
You have already waived it, so there's no use crying over split milk. I wouldn't worry about it. They know you're pro se, so it should not...
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