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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 ...
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 "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
In New York State, a case subject to an ACD is normally dismissed and sealed on the date of adjournment, except on objection from the prosecution. [citation needed] There is a separate provision for ACDs involving marijuana in the state of New York, under CPL 170.56. [2]
Attorneys are admitted to the New York bar by one of the Appellate Division departments rather than by New York's highest court, the Court of Appeals, though once admitted to any of the Appellate Division departments, such attorney is admitted to practice and appear before all non-federal courts in the state, including the Court of Appeals.
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Counties of New York Location State of New York Number 62 Populations 5,082 (Hamilton) – 2,561,225 (Kings) Areas 33.77 square miles (87.5 km 2) (New York) – 2,821 square miles (7,310 km 2) (St. Lawrence) Government County government Subdivisions Cities, Towns, Indian Reservations Part of a series on Regions of New York Downstate New York New York City Long Island Hudson Valley (Lower ...
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