New York Assertion of Right to Be Present
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How to fill out Assertion Of Right To Be Present?
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FAQ
A Molineux hearing is a New York State pre-trial hearing on the admissibility of evidence of prior uncharged crimes by the defendant in a criminal trial. In most cases, evidence of prior uncharged crimes is not admissible because of its potential prejudicial effect. Under certain circumstances, it may be admissible.
N.Y. Criminal Procedure Law §40.20 codifies the double jeopardy policy. It states that a person may not be prosecuted twice for the same offense. The statute continues, in CPL §40.30 by defining what constitutes a previous prosecution, and listing lists exceptions to that definition.
The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.
Under New York City's Right-to-Counsel (RTC) law, DSS/HRA's Office of Civil Justice (OCJ) provides tenants facing eviction in Housing Court or NYCHA administrative proceedings access to free legal representation and advice provided by nonprofit legal services organizations from across the five boroughs.
In New York the right to counsel indelibly attaches to a matter on any one of the three triggering events: Request for counsel while in custody; Commencement of criminal prosecution on the matter (usually commences by filing of accusatory instrument); Entry or retaining of counsel on the matter.
The New York State Constitution provides that "[i]n any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. . . nor shall he be compelled in any criminal case to be a witness against himself. ... N.Y. CONST.
(1) Evidence of crimes, wrongs, or other acts committed by a person is not admissible to prove that the person acted in conformity therewith on a particular occasion or had a propensity to engage in a wrongful act or acts.
Under Supreme Court case law, the Sixth Amendment right to counsel specifically requires that each and every adult who cannot afford to hire a lawyer at prevailing compensation rates in his jurisdiction must be given a qualified and trained lawyer.
