by admin | May 14, 2021 | Criminal Procedure, New York
Unless an indictment is dismissed or the criminal action thereon terminated or abated pursuant to the provisions of this article or some other provision of law, the defendant must be required to enter a plea thereto.N.Y. Crim. Proc. Law § 210.50
by admin | May 14, 2021 | Criminal Procedure, New York
Upon or after the arraignment in a superior court upon an indictment where the sole remaining count or counts charge a misdemeanor offense, and before the entry of a plea of guilty thereto or commencement of a trial thereof, the court, upon motion of the people or the...
by admin | May 14, 2021 | Criminal Procedure, New York
Upon or after arraignment in a superior court upon an indictment where the sole remaining count or counts charge a violation or violations of section 221.05221.10221.15221.35 or 221.40 of the penal law and before the entry of a plea of guilty thereto or commencement...
by admin | May 14, 2021 | Criminal Procedure, New York
1. A motion to dismiss an indictment pursuant to section 210.20 must be made in writing and upon reasonable notice to the people. If the motion is based upon the existence or occurrence of facts, the motion papers must contain sworn allegations thereof, whether by the...
by admin | May 14, 2021 | Criminal Procedure, New York
N.Y. Crim. Proc. Law § 210.43Repealed by New York Laws 2017, ch. 59,Sec. WWW-30, eff. 10/1/2018.
by admin | May 14, 2021 | Criminal Procedure, New York
1. An indictment or any count thereof may be dismissed in furtherance of justice, as provided in paragraph (i) of subdivision one of section 210.20, when, even though there may be no basis for dismissal as a matter of law upon any ground specified in paragraphs (a)...
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