Sample of one of my appellate brief's, part one.
TABLE OF AUTHORITIES
Cases
Page
People v. Baker, 2 Misc. 2d 600, 153 N.Y.S.2d 339 (1956)
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.5
People v. Arnold, 98 N.Y.2d 63 (2002) 745 N.Y.S.2d 782, 772 N.E.2d 1140...
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..6
People v. Jamison, 47 N.Y.2d 882 (1979)
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.
..7
People v. Yut Wai Tom, 53 N.Y.2d 44, 58 [1981])
.
..7
People v. DeJesus, 42 N.Y.2d 519 [1977]
.7
People v. Mees 47 N.Y.2d 997 [1979]
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.7
Matter of Carroll v. Gammerman,193 A.D.2d 202 [1993]
...7
People v. Rios, 9 Misc.3d 1,801 N.Y.S.2d 113 (2005)....
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.8
People v. Weinstock, 80 Misc 2d 510 [App Term, 9th & 10th Jud Dists (1974)
..8
People v. Felder, 47 N.Y.2d 287, 418 N.Y.S. 2d 295, 391 (1979).
...9
Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964)
9
People v. Aucello, 146 Misc.2d 417 (1990), 558 N.Y.S.2d 436...
..10,11
People v. Rosenfeld, 626 (N.Y.S.2d 352, 163 Misc.2d 982 (N.Y.Sup., 1994)..
...11
Statutes and Legislative Material
New York Vehicle & Traffic Law § 1180(b) (Consol. 1996)................................
.5
New York Crim. Proc. Law § 170.10(3)(c)), (Consol. 1996)................
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9
New York Crim. Proc. Law § 170.10(4)(a)), (Consol. 1996)................
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9
United States Constitution Sixth Amendment
7
United States Constitution Fourteenth Amendment
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7
United States Constitution Fifth Amendment
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7
QUESTIONS PRESENTED
1. Whether the Trial Judge exhibited judicial bias in her questioning of the appellant, to the extent that the Trial Judge acted as prosecutor and the Appellant was thus denied a fair trial.
2. Whether the Trial Court denied the appellants 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.
3. Whether the Trial Court committed reversible error by not informing the appellant of his 5th Amendment right to remain silent.
4. Was it error for the Trial Court to order the subsequent prosecution of the appellant on a Long Form accusatory instrument, after the initial accusatory instrument - a simplified traffic information was dismissed for failure to provide a supporting deposition, pursuant to CPL § 170.35(1)(a).
5. Whether the Court erred by convicting the appellant based on testimony, which lacked the weight and sufficiency to sustain a conviction.
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