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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 ...
Civil cases appealed from the Illinois Appellate Court are heard by the Supreme Court of Illinois upon the grant of a Petition for Leave to Appeal under Illinois Supreme Court Rule 315, [5] a Certificate of Importance under Illinois Supreme Court Rule 316, [6] or a Petition for Appeal as a Matter of Right under Illinois Supreme Court Rule 317. [7]
However, beyond the terms of the sentence, a defendant can experience additional state actions that are considered by the state to be collateral consequences such as: disenfranchisement (in some countries this may be separately meted out), disentitlement of education loans (for drug charges in the United States), loss of a professional license ...
"The courts of this State shall be open, and every person, for an injury done to him, in his person, property or reputation, shall have remedy by due course of law; and justice shall be administered without sale, denial or delay." [1] West Virginia: Code of Judicial Conduct Canon III b 7
The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
The Clean Slate Act (CPL 160.57) of 2024 will automatically seal an individual’s New York State criminal records after 3 years for a misdemeanor and 8 years for a felony. The law does not apply to some offenses. The law is scheduled to take effect on November 16, 2024. [41] [42]
Felony Sentences in State Courts: Date: 22 November 2010: Source: link, archived link. Author: United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics: Permission (Reusing this file) PD-US-Gov
New York State Court Officers are designated as New York State peace officers under Criminal Procedure Law § 2.10; The powers of peace officers are listed and defined under criminal procedure law 2.20. [1] The powers of peace officers are limited by other sections or subdivisions of the criminal procedure law or penal law.