Sample of one of my appellate brief's, part Eleven.
PRELIMINARY STATEMENT AND PROCEDURAL HISTORY
On October 11, 2005, a decision and order of conviction was filed by Justice Spiegel (presently retired) convicting Appellant of VTL § 1180(d), (Speeding 74 in a 55 zone) in a bench trial heard July 12, 2005, in the 4:00 pm session of the Lagrange Justice Court. The District Attorney was absent at trial. New York State Trooper Cogan served as prosecutor and the People’s sole witness.
Notice of Appeal and affidavit of errors dated November 2, 2005 were timely filed to the Lagrange Town Court, commenced the within appeal. As required, the Dutchess County District Attorney and the State Trooper were served with notice of the appeal on November 2, 2005.
On February 13, 2006, Lagrange Town Court filed an “ANSWER TO DEFENDANT’S AFFIDAVIT OF ERRORS” which stated only “STEPHEN L. GRELLER, being duly sworn, deposes and says: The Decision stand (sic) as Answer to Affidavit of Errors.” Said notarized Answer, is signed by Justice Greller. Appellant was not served with said answer within 10 days of filing the affidavit of errors.
On May 26, 2006, this Honorable court granted Appellant’s motion to compel Lagrange Town Court to answer according to the requirements of NY CPL § 460.10(3) to file a proper return.
On June 19, 2006 defendant served said order to compel Lagrange Town Court to answer. Lagrange Town Court still has not filed an answer in compliance with the requirements of NY CPL § 460.10(3).
On October 12, 2006, the Appellate Term denied Appellant’s motion for Summary Reversal. However, on the Court’s own motion, the allegations in the affidavit of errors were deemed to be admitted for purposed of the appeal per People v Feldes (1989) 73 NY2d 661).
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