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Albion Town Court

            A local court in Oswego County New York

Phone: 315-298-6325
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Address PO Box 127 , Altmar, New York 13302  
What court Handles Traffic Tickets, moving violations, Speeding Tickets, Drunk Driving (DWI, DUI) Reckless driving, and criminal charges, aggravated unlicensed driver, following too close, leaving scene of accident, failure to obey traffic control device, red light, stop sign, unsafe lane change, failure to signal, etc.
Attorney advertising  Matisyahu Wolfberg, P.C.
Attorney At Law   

25 Robert Pit Drive
Suite 211
Monsey, New York 10952
(877) 965-3237 Call today for free consultation 
Fax to (877) 742-2268 or SCAN AND email us info@upstatespeeding.com your ticket 

Disclaimer:  We do our best to insure that the information provided above is accurate, however we recommend that you contact the court before relying on this information.


Sample of one of my appellate brief's, part Fourteen



SECOND QUESTION PRESENTED

Whether Appellant is entitled to automatic Reversal upon a showing that an adequate record for review is not available.

STATEMENT OF FACTS

The Trial court has never filed a proper answer or return in this case, nor has a record in this case has never been established. 

ARGUMENT

It has been held that “It is the duty of the Justice presiding in a local criminal court to set forth or summarize evidence, facts or occurrences in or adduced at the proceedings resulting in judgment, sentence, or order, which constitute the factual foundation for the contentions alleged in the affidavit of errors. (CPL 460.10 [3][d].)” (People v. Dewitt 171 Misc.2d 622 (1996)) Justice Spiegel did not do so, even when mandated by statute to do so and when ordered by this Court to do so on May 26, 2006.
It has also been clearly held that “…upon a showing that an adequate record for review is not available that a defendant is entitled to automatic reversal” (Feldes, at 665 citing People v Glass (1977) 43 N.Y.2d 283, 285 in the dissenting opinion). In the case at bar, the record is clearly unavailable and the Appellant has used all due diligence to avail himself of the record.. Lagrange Town Justice Spiegel who heard the case has left the bench and is no longer a Town Justice in Lagrange. Justice Spiegel never filed any return or answer in this matter. Any attempt in filing a return and answer was made by Justice Spiegel’s successor Justice Greller, who did not hear the case and cannot possibly assist in assembling the minutes of the case.