Is there a time limit on when a CPL Art. 440 motion can be filed or can it be done at any time post-conviction?
Terry's answer
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Answered on October 10, 2018
No time limit on a 440. And I told you yesterday there is no such thing as "denial" of an appeal--your judgment of conviction was affirmed.
Archived
If an appeal for a criminal conviction was filed and denied in 2015, is it too late to file another appeal?
Terry's answer
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Answered on October 09, 2018
Appeals are not "denied" or "granted." Orders and judgments are affirmed, modified, or reversed. What you mean is that the judgment of conviction...
Archived
How to appeal a Supreme Court Decision
Terry's answer
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Answered on October 09, 2018
If the order is in fact a Supreme Court order, or from a Family Court judge, Mr. Rothstein's advice is correct. In addition to the Notice of...
How to withdraw a notice of appeal?
Terry's answer
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Answered on September 28, 2018
I disagree with my colleague. You should withdraw the appeal rather than let it be dismissed for failure to perfect, and here's why: If you later...
Archived
Can anyone execute a 440 pro bono?
Terry's answer
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Answered on September 25, 2018
We are barred from soliciting clients on Avvo. You need to go to the find-a-lawyer section of Avvo.
Is a disobey mandate EXC JL 753A-2 A misdamenor or felony?
Terry's answer
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Answered on September 25, 2018
It appears to be a civil contempt, not a criminal contempt, and thus not a crime. See CPL 215.50.
Contempt is an odd hybrid.
Archived
How can I get my filing fees reimbursed by the Plaintiff?
Terry's answer
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Answered on September 24, 2018
You can ask for costs and disbursements in your motion, but it is discretionary with the court whether to award them.
Archived
Can my daughters father take her out of state for the weekend even though I said no we have joint custody He has temporary Resid
Terry's answer
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Answered on September 24, 2018
It depends on the wording of the agreement or order. If neither of you has veto power over the other, and leaving the state is not prohibited,...
Archived
Are we eligible to apply for Cancellation of removal for family hardship?
Terry's answer
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Answered on September 21, 2018
Reposting to Immigration, as this has nothing to do with Appeals.
Archived
What happens when the law changes during an administrative appeal?
Terry's answer
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Answered on September 21, 2018
Generally the law is applied as it exists at the time of decision, but depending on the nature of the amendment and its effect on prior law, the...
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