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New York Motion to Dismiss Violation Petition in the Interest of Justice

Category:
Appeals - Appellate Division - 4th Department - Juvenile Delinquent
State:
New York
Control #:
NY-AD4-81
Format:
Word
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Description Motion Dismiss Form

Motion to Dismiss Violation Petition in the Interest of Justice
A New York Motion to Dismiss Violation Petition in the Interest of Justice is a legal motion filed by a defendant in a criminal case in New York. The motion requests the court to dismiss the charges against the defendant due to the lack of probable cause or a legal reason for the charges. This motion can be filed at any point before trial, including before or after the arraignment. If the court grants the motion, the charges against the defendant are dropped and the case is dismissed. There are two types of New York Motion to Dismiss Violation Petition in the Interest of Justice: a pre-trial motion to dismiss and an after-trial motion to dismiss. The pre-trial motion to dismiss is filed before the arraignment and is based on the lack of probable cause or a legal reason for the charges. The after-trial motion to dismiss is filed after the trial and is based on the lack of evidence to support the charges.

A New York Motion to Dismiss Violation Petition in the Interest of Justice is a legal motion filed by a defendant in a criminal case in New York. The motion requests the court to dismiss the charges against the defendant due to the lack of probable cause or a legal reason for the charges. This motion can be filed at any point before trial, including before or after the arraignment. If the court grants the motion, the charges against the defendant are dropped and the case is dismissed. There are two types of New York Motion to Dismiss Violation Petition in the Interest of Justice: a pre-trial motion to dismiss and an after-trial motion to dismiss. The pre-trial motion to dismiss is filed before the arraignment and is based on the lack of probable cause or a legal reason for the charges. The after-trial motion to dismiss is filed after the trial and is based on the lack of evidence to support the charges.

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FAQ

A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time.

2. An order dismissing an accusatory instrument specified in subdivision one in the interest of justice may be issued upon motion of the people or of the court itself as well as upon that of the defendant. Upon issuing such an order, the court must set forth its reasons therefor upon the record.

Dismissal in the interest of justice allows a court to dismiss a procedurally proper, but unjust or unjustifiable, cause of action. Thus, dismissing cases in the interest of justice can provide a check where few exist for overzealous prosecutions, race-based patrolling, and overuse of ?three strikes? laws.

A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until 10 days after an order issued by the court has been entered and notice of entry has been provided. Entry means that the court's order on the motion has been signed and filed with the County Clerk.

Motions to dismiss are made for many different reasons. For example, if the defendant didn't get the summons and complaint the right way, he or she can ask the court to dismiss the case. (See Examples of Bad Service). Or, if the plaintiff started the case in the wrong court or county, the court will dismiss the case.

Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

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More info

Misdemeanor conviction under Penal Code section 647(b) (Pen. Although most defenses to a complaint must be stated in the answer, a defendant can move to dismiss the complaint before filing an answer.Carney filed a motion to dismiss for violation of her speedytrial and speedyindictment rights, as well as her dueprocess rights to be. A Motion to Dismiss asks the judge to dismiss the plaintiff's case. The plaintiff's case is within the complaint, which is considered a pleading. Before accepting a plea of nolo contendere, the court must consider the parties' views and the public interest in the effective administration of justice. ' (Internal quotation marks omitted.) Knipple v. Party to an appeal may file a motion in the appellate court to dismiss the appeal. Party to an appeal may file a motion in the appellate court to dismiss the appeal. ' (Internal quotation marks omitted.) Knipple v.

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