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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 ...
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 ...
Argument: Oral argument: Case history; Prior: Motion to dismiss granted in part and denied in part, 2005 WL 2375202 (E.D.N.Y. 2005), affirmed, 490 F.3d 143 (2d Cir. 2005).: Holding (1) Top government officials are not liable for the actions of their subordinates absent evidence that they ordered the allegedly discriminatory activity.
Smith’s team also filed a motion to end its appeal of a Florida judge’s decision nixing Smith’s classified document case against Trump — once considered one of the strongest in a slew of ...
Trump's defense team is asking the judge in the case, Justice Juan Merchan of the New York Supreme Court, to let the defense file a longer brief by December 20, just one month before Inauguration Day.
Madonna's legal team has filed a motion to dismiss a lawsuit filed against her earlier this year over an alleged delayed concert start time amid her ongoing Celebration Tour. In new court docs ...
Attorney Carl Arnold filed the motion on Monday in the District Court of Nevada to dismiss charges against Duane Davis in the 1996 shooting of Shakur. The motion alleges “egregious” constitutional violations because of a 27-year delay in prosecution.
People v. Clayton, 41 A.D.2d 204, 208 (N.Y. App. Div. 2d Dep't 1973) was a case before the Supreme Court of New York, Appellate Division.It determined that a trial court, when considering a "motion to dismiss in the interest of justice" [1] (subsequently known as a "Clayton motion"), must convene an evidentiary hearing to consider whether the dismissal would in fact be in the "interest of ...