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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 ...
A criminal referral or criminal recommendation is a notice to a prosecutorial body, recommending criminal investigation or prosecution of one or more entities for crimes which fall into that body's jurisdiction.
The prosecution may also gain rights to notice of specific affirmative defenses, such as whether the defendant intends to raise an alibi defense or insanity defense, and have discovery rights relating to those defenses. [7]
She received a notice of intended prosecution and took the option to complete an education course. The woman was lane-hogging when she was undertaken by Baxter. (SWNS)
Evidence of other crimes, wrongs or acts is available for "non-character purposes," such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. In a criminal prosecution, the defendant can request to receive notice of this type of evidence if the prosecution intends to admit it at trial. [6]
Courts have ruled that judicial notice must be taken of federal public laws and treaties, state public laws, and official regulations of both federal and local government agencies. A trial court's decision to take judicial notice or not to do so is reviewed on appeal under the standard of abuse of discretion. [5]
The notice of prosecution must contain information about the accused's name, address, the details of the crime (including time and location), and the related consequences (punishment). After the prosecutor files the notice of prosecution to the court, the prosecutor must mail a copy of the notice to the accused following the detailed guidance ...
One day after special counsel Jack Smith moved to dismiss both his cases against President-elect Donald Trump, the U.S. Court of Appeals for the Eleventh Circuit complied by dropping Trump from ...
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