New York Laws Crim. Law Spec. A defendant against whom a criminal action is pending in a court of record of this state, and who is confined in a federal prison or custody either within or outside the state, may, with the consent of the attorney general of the United States, be produced in such court for the purpose of criminal prosecution, pursuant to the provisions of: a Section four thousand eighty-five of title eighteen of the United States Code; or b Subdivision two of this section.
When such a defendant is in federal custody as specified in subdivision one, a superior court, at a term held in the county in which the criminal action against him is pending, may, upon application of the district attorney of such county, issue a certificate, known as a writ of habeas corpus ad prosequendum, addressed to the attorney general of the United States, certifying that such defendant has been charged by the particular accusatory instrument filed against him in the specified court with the offense or offenses alleged therein, and that attendance of the defendant in such court for the purpose of criminal prosecution thereon is necessary in the interest of justice, and requesting the attorney general of the United States to cause such defendant to be produced in such court, under custody of a federal public servant, upon a designated date and for a period of time necessary to complete the prosecution.
Upon issuing such a certificate, the court may deliver it, or cause or authorize it to be delivered, together with a certified copy of the accusatory instrument upon which it is based, to the attorney general of the United States or to his representative authorized to entertain the request.The criminal proceeding must arise out of an act which occurred while the officer or employee was acting within the scope of his or her public employment or duties.
The scope of criminal and civil indemnification protection for officers and employees of the state includes State University of New York officers, employees, trustees and council members serving the state-operated campuses, and authorized volunteers.
The employee must also cooperate fully with the attorney general in the defense of the matter, the defense of any related action against the state, and in the prosecution of any appeal.
Even if the employee is entitled to Section 17 coverage, the state will only act as an excess-insurance carrier in such a situation. In addition, the damage must not have resulted from intentional acts on the part of the employee.
Indemnification and payment of a judgment or settlement must be approved by the University, the attorney general and the comptroller. All personnel located at state-operated campuses in New York City, Nassau and Suffolk Counties, should send the legal papers and request to:.
Following receipt of this material, the attorney general will determine whether the law department will assume the defense of the litigation and will so advise the individual officer or employee. In all cases, a copy of the letter and papers should also be sent to the office of the University counsel.
In situations where the summons or notice must be answered immediately, the office of the University counsel should be contacted by telephone so that arrangements may be made to have the necessary papers delivered to the nearest regional bureau of the office of the attorney general. Reimbursement will be provided only after the officer or employee is acquitted or the criminal charges are dismissed. In the event the entitlement to reimbursement or the amount of reimbursement is disputed, a court will resolve the issue.
In order to obtain this protection in criminal cases an officer or employee must deliver a written request to the office of the attorney general, together with an original or a copy of any accusatory instrument such as a criminal information or misdemeanor complaint within ten days after the officer or employee is arraigned enters a plea upon such an instrument.
All legal papers and requests should be sent to:. The officer or employee is also required to provide his or her full cooperation to the attorney general in the prosecution of any criminal appeal or in the defense of any civil lawsuit arising out of the same occurrence.
Employee — any person holding a position by election, appointment or employment in the service of the state, whether or not compensated, or a volunteer expressly authorized to participate in a state-sponsored volunteer program, but shall not include an independent contractor. The term employee includes a former employee, his estate or judicially appointed personal representative and persons who assist the education department or the department of health as consultants or expert witnesses in the investigation or prosecution of alleged professional misconduct, licensure matters, restoration proceedings, or criminal prosecutions for unauthorized practice pursuant to Title Eight of the NYS Education Law or title II-A of the NYS Public Health Law.
Memorandum to presidents from the office of the university counsel and vice chancellor for legal affairs,dated January 25, regarding Indemnification in Criminal and Civil Proceedings amendments to Public Officers Law. Memorandum to presidents from the office of the university counsel and vice chancellor for legal affairs,dated August 2, regarding Indemnification in Criminal and Civil Proceedings new section 17 of the Public Officers Law.
University Counsel. This procedure item applies to:.A simplified traffic information is the type of accusatory instrument that is overwhelmingly used by law enforcement to commence a criminal action where a charge of misdemeanor Driving While Intoxicated or another type of traffic offense both misdemeanor and non-criminal traffic infractions is alleged.
The form prescribed by the commissioners of motor vehicles i. Pursuant to Article 30 of the Criminal Procedure Law, a person accused of a criminal offense i. Failure to provide an accused with a statutory speedy trial results in the dismissal of the corresponding criminal action. This determination depends significantly on when the criminal action is deemed to have commenced.
A criminal action is generally deemed commenced by the filing of an accusatory instrument with a criminal court.
Accusatory Instrument Law and Legal Definition
However, when a simplified traffic information is used by law enforcement as the chosen accusatory instrument, the commencement of a criminal action for statutory speedy trial purposes is often determined differently. The reason for this outcome is a simplified traffic information not only comprises an accusatory instrument, but also an appearance ticket. It should be noted that a simplified traffic information is often served upon an accused together with a separate and distinct appearance ticket.
People v. SolomonMisc. See also15 N. When an appearance ticket is used, the general rule governing the commencement of a criminal action does not apply and, instead — exclusively for the purpose of statutory speedy trial calculation — the criminal action is not deemed commenced until the first appearance in local criminal court by the person to whom the appearance ticket was served.
See alsoPeople v. Parris70 N. Stirrup91 N. The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem.
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July 29th, 0 Comments.A case could possibly be dismissed if there is a defect in the accusatory instrument or other procedural matter. By definition a Felony is a crime for which the sentence carries the possibility of a period of incarceration of more than one year.
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These documents are necessary legal records of due process which authorize the state to wield its prosecutorial powers and try your case before a jury of your peers.
In a figurative sense, by filing an accusatory instrument the Police are snapping the football to the District Attorney. Only an Indictment by a Grand Jury may filed with a superior court. The human tendency is to cut corners, which often leads to incomplete reports and incomplete accusations.
Defendants should have their attorney review every element of any accusatory instrument to establish that the charges are both credible, and accurate. A Prosecutor will have a hard time moving the football if his offensive line mishandles the snap.
Contact us for a free case evaluation. Call today: Email: john jcnlawfirm. Violation, Misdemeanor and Felony Accusatory Instruments Commencement Those of us lucky enough have only seen an accusatory instrument in the form of a traffic ticket. Call today: Email: john jcnlawfirm.America's Mom gets to be real with Bevelyn Beatty!!
If you need to fight your charges professionally, we are available 7 days a week to help. By John C. Share This Story! Facebook Twitter Reddit Email. Fight Your Traffic Ticket! Tell us about your case.Defendant moves, pursuant to CPL The accusatory instrument alleges that on September 18,the defendant called the complaining witness numerous times and that the complainant recognized the phone number belonged to the defendant. The complaint also alleges that on September 29,the defendant received multiple text messages from the defendant from the same phone number and the complainant recognized the number as belonging to the defendant.
The accusatory instrument further alleges that these actions were in violation of an order of protection issued in Queens County Criminal Court which was in effect until October 22,which, in pertinent part, directed the defendant to refrain from contacting the complainant. Following the defendant's arraignment on October 5,on October 18,the People filed a statement of readiness.
Annexed to the statement of readiness was a supporting deposition for this case, signed by the complaining witness. The body of the affirmation reads as follows:.
On the November 27,court date, the People announced their readiness for trial and conceded that they were not ready for trial when the statement of readiness had been filed on October 18, The defendant argues that the People have never converted the accusatory instrument into an information because the affirmation certifying translation does not comply with CPLR Therefore, the People have exceeded the statutory time allowed under CPL In response, the People argue that the supporting deposition alone is sufficient to convert the accusatory instrument, without the affirmation of translation, because the complaining witness does speak English, just not fluently.
Additionally, the People argue that if the court determines that a certificate of translation is necessary, the affirmation of translation filed in this case conforms to the requirements necessary for a valid certificate of translation. In the alternative, the People argue that if the court finds the affirmation of translation is insufficient, the People should be afforded the opportunity to file a new certificate of translation.
It is noted that the People's response does not address the issue of whether they have exceeded the statutory time allowed under CPL Criminal Contempt in the Second Degree is a misdemeanor which is punishable by a sentence of imprisonment of more than three months.
The People, therefore, must announce their readiness for trial within 90 days of the commencement of the criminal action, not including any excludable periods of time CPL In calculating time, the court must first calculate the time between the filing of the accusatory instrument and the People's statement of readiness, subtract any time which is excludable and add any post-readiness delays that are attributable to the People and not eligible for an exclusion CPL As the People were not ready at the time their statement of readiness was filed on October 18,[FN2] this entire time period is chargeable to the People see People v England84 NY2d 1, 4 .
On November 27,the People filed a copy of the underlying order of protection and an affirmation certifying translation and announced their readiness for trial. The case was adjourned to December 17,for Discovery by Stipulation.
The People's argument that a certificate of translation was not required to convert the accusatory instrument is without merit.
Accordingly, a certificate of translation is necessary in this case to ascertain the legitimacy of the complainant's verification Camacho at The defendant's argument that the affirmation filed by the People does not conform with the requirements of CPLR b and therefore did not sufficiently convert the complaint is unavailing. Where an affidavit or exhibit annexed to a paper served or filed is in a foreign language, it shall be accompanied by an English translation and an affidavit by the translator stating his qualifications and that the translation is accurate.
Here, the supporting deposition that was filed, which is sworn to by the complaining witness, is in the English language. Additionally, there are no documents that were filed with the court in a foreign language. While the defendant relies on People v Edwards 59 Misc 3d [A] [App Term, 1st Dept ] to support their argument that the certificate of translation in this case must comport with the provisions of CPLRthe decision in Edwards applies to the particular circumstances of that case id.
In Edwardsthe trial court ordered the People to provide an affidavit from the individual who translated the supporting deposition and ordered that the affidavit be in compliance with CPLRhowever the prosecution failed to file such an affidavit, despite being given numerous opportunities to do so id. Rather, the prosecution in Edwards filed an unsworn statement that did not state the qualifications of the translator and did not state that the translation was accurate id.
Moreover, the decision in Edwards is devoid of any facts pertaining to the type of supporting deposition filed in that case. For example, the supporting deposition the People attempted to file in Edwards may have been the second page of a Domestic Incident Report, written by the complaining witness in Spanish. A document such as this would bear the heading of 'Supporting Deposition' and would be affirmed to under the penalties of perjury but written in a foreign language.
If that type of supporting deposition was filed in Edwardsthen it is understandable why the Edwards court ruled that CPLR b would apply. However, these are not the facts currently before the court and therefore, this court need not decide the merit of this argument.
Officer’s Choice of Accusatory Instrument And Trial Readiness Announcement
CPLR f states that "[t]he party on whom a paper is served shall be deemed to have waived objection to any defect in form unless, within fifteen days after receipt thereof, the party on whom the paper is served returns the paper to the party serving it with a statement of particular objections.
No objection was raised by the defendant regarding the document until the instant motion was filed on January 23,well after the fifteen days allotted by CPLR f. Therefore, even if CPLR was applicable to this document, the defendant's argument would be time-barred.Remember Me? Results 1 to 2 of 2.
Thread Tools Email this Page…. Join Date Jan Posts 1. I took my figure prints and mailed it in with my application. I have gotten that charge in 09 but the cased was demised in the Court Martial Hearing and i pleaded to a sexual assault of the female soldier and got a field grade article 15 for it I finish my term of service and got a Honorable discharge from the US Army.
I need some help to get the paper work to Licensing within 30 days or they will take action against me. How can i get the papers from CID and the article 15??? I leave in NYC. Quoting How do I get a copy of a closed investigation? Sponsored Links.
Officer’s Choice of Accusatory Instrument And Trial Readiness Announcement
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