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The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
Unconsolidated laws are available in print from McKinney's, McKinney's Session Laws, and the CLS Unconsolidated laws. [6] [9] Online resources include LexisNexis, WestLaw, the LRS, and the New York Legislative Service, and selected laws can be found online on the New York State Legislature website and the free public legislative website. [6] [9]
The New York State Unified Court System discusses false alibis (in the context of "consciousness of guilt") as a form of admissible evidence: [1] Evidence of post-crime conduct that may in the context of a particular case evince a defendant's consciousness of guilt of the offense with which the defendant is charged is admissible.
A Molineux hearing is a New York State pre-trial hearing on the admissibility of evidence of prior charged or 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.
The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts arraignments (initial court appearances following arrest) and preliminary hearings in felony cases (generally, more serious offenses punishable by ...
People v. Sandoval is a 1974 opinion by the Court of Appeals of the State of New York [1] [2] that "trial court must balance the 'probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant'".
An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York.It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.