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4 Cards in this Set
- Front
- Back
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In NY when is a Def entitled to have his lawyer at an identification proceeding (eg. a lineup)
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An attorney may not be excluded from the ID proceeding when the Def is
(1) Represented by Counsel -AND- (2) Explicitly requests counsel -AND- (3) The Police are aware of the representation |
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What are the time limits for NY's Speedy Trial requirements. Are there any exceptions?
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Def is entitled to release or or dismissal of charge if People are not ready to go to trial w/in the time limit:
Felonies: 6 months Misdemeanors: 90 or 60 days Violations: 30 days Exception: DISMISSAL will not be grated as relief if the charge is HOMICIDE |
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Who can invoke presence of counsel for a juvenile?
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The juvenile himself OR a legal guardian or parent. But it must be a SPECIFIC INVOCATION. Telling police he has a lawyer isn't enough.
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Are police reports admissible hearsay in NY, and if so, under which exception?
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Yes, but only under the Business Records exception (NOT the Public Records exception)
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