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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.
New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the Consolidated Laws affected by its passage. [ 3 ] [ 4 ] Unlike civil law codes , the Consolidated Laws are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary ...
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 ...
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.
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'".
Commonly courts do not bar printouts under the best evidence rule. In Aguimatang v. California State Lottery, the court gave near per se treatment to the admissibility of digital evidence stating "the computer printout does not violate the best evidence rule, because a computer printout is considered an ‘original.’" 234 Cal. App. 3d 769, 798.
Computer-assisted legal research (CALR) [1] or computer-based legal research is a mode of legal research that uses databases of court opinions, statutes, court documents, and secondary material. Electronic databases make large bodies of case law easily available.
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.