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People v. Clayton, 41 A.D.2d 204, 208 (N.Y. App. Div. 2d Dep't 1973) was a case before the Supreme Court of New York, Appellate Division.It determined that a trial court, when considering a "motion to dismiss in the interest of justice" [1] (subsequently known as a "Clayton motion"), must convene an evidentiary hearing to consider whether the dismissal would in fact be in the "interest of ...
Beginning January 1, 2020, new rules imposed by the New York State Legislature have significantly changed Desk Appearance Ticket procedures. Chief among those changes is that the vast majority of misdemeanor and many felony charges now require the use of Desk Appearance Tickets. The decision to proceed by way of desk appearance ticket is no ...
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
WASHINGTON — The Supreme Court on Friday rejected independent presidential candidate Robert F. Kennedy Jr.'s attempt to appear on New York’s general election ballot.. Kennedy, who has dropped ...
Watch as Donald Trump is expected to return to New York state court on Tuesday 24 October, as the former US president’s onetime lawyer and fixer testifies against him in a civil fraud case. Mr ...
(Reuters) - Donald Trump said he will appear in a New York court on Monday at the beginning of a civil fraud trial in which the former president will face what he said was a "sham" accusation that ...
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought ...
A Democratic-aligned group had sued Kennedy, who resides in California, over the New York address he claimed as his residence on ballot access petition forms. Judge rules against RFK Jr.'s bid to ...