|
New York |
Angelica Village Court |
|
|
A local court in Allegany County New York |
||
| Phone: | ||
| Map | MapQuest | |
| Address |
49 Park Circle , Angelica, New York 14709
|
|
| 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 five. SECOND QUESTION PRESENTED Whether the Trial Court denied the appellant’s 6th Amendment right to counsel and acted in violation of CPL § 170.10(4)(a) by failing to inform him of his right to seek the advice and of, or to retain the services of counsel. STATEMENT OF FACTS The record does not reflect that the Court advised the appellant of his right to be represented by counsel or the right to an adjournment for the purposes of retaining counsel pursuant to CPL § 170.10(4)(a). ARGUMENT Notwithstanding that rule that a appellant charged with a traffic infraction is not entitled to assigned counsel, (CPL § 170.10(3)(c)), every appellant in any criminal prosecution is guaranteed the right to hire an attorney pursuant to the 6th Amendment. In light of these Constitutional requirements, CPL § 170.10(4)(a) provides that “Except as provided in subdivision five, the court must inform the appellant: (a) Of his rights as prescribed in subdivision three” namely, “The appellant has the right to the aid of counsel at the arraignment and at every subsequent stage of the action. If he appears upon such arraignment without counsel, he has the following rights: (a) To an adjournment for the purpose of obtaining counsel; and (b) To communicate, free of charge, by letter or by telephone, for the purposes of obtaining counsel and informing a relative or friend that he has been charged with an offense…” The Appellate Term has held in People v. Rios, (9 Misc.3d 1 (2005) 801 N.Y.S.2d 113) that “Inasmuch as the appellant in the case at bar was charged with at least one traffic infraction subjecting him to the possibility of imprisonment if convicted (see Vehicle and Traffic Law § 1180 [h] [2]), the lower court was required to advise him prior to trial of his right to counsel (see People v. Weinstock, 80 Misc 2d 510 [App Term, 9th & 10th Jud Dists 1974]) as well as his right, inter alia, to an adjournment to obtain counsel (CPL 170.10 [3], [4]; (citations omitted). In the case at bar, the appellant was charged with see Vehicle and Traffic Law § 1180(b), a conviction of which could subject him to 15 days in jail. Thus, the lower court was required to advise him prior to trial of his right to counsel. |