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New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the Consolidated Laws affected by its passage. [ 3 ] [ 4 ] Unlike civil law codes , the Consolidated Laws are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary ...
Peace officers, as listed and defined under the Criminal Procedure Law 2.10 ( 1 through 85 ), must be appropriately licensed and authorized by their specific agency or department to carry a firearm and are limited by title and subdivision within criminal procedure law 2.10, and which is clearly stated by New York State legislation [5] (as of 01 ...
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 ...
With respect to New York City, the codified local laws are contained in the New York City Administrative Code consisting of 29 titles, [48] [49] the regulations promulgated by city agencies are contained in the Rules of the City of New York consisting of 71 titles, [50] and The City Record is the official journal (newspaper of notice) published ...
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 ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
From November 2013 until January 2016, the NYC Housing, Preservation and Development agency, which is responsible for oversight of the city’s vast stock of multi-unit residential buildings, issued more than 10,000 violations for dangerous lead paint conditions in units with children under the age of six, the age group most at risk of ingesting lead paint.
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942). Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).