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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 ...
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 ...
Special counsel Jack Smith on Monday moved to dismiss the charges against Donald Trump related to the Jan. 6 riots — prompting the crowing president-elect to blast his prosecution as ...
The motion to dismiss the counts is one of multiple pretrial requests and disputes that for months have piled up before Cannon, snarling the progress of the case and prompting the judge last month ...
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