Recent comments in /f/nyc

wearywary t1_je9z506 wrote

That's just not true, and if you practice criminal law in NYC and have read Article 245, you know it.

Judicial dismissal is an extraordinary remedy that under 245.80 must come after consideration of other remedies like precluding testimony or giving an adverse inference charge. And courts have generally rejected defendants' motions for dismissal under 245.80 when there's no showing of prosecutorial bad-faith or prejudice. In fact, Article 245 explicitly requires prosecutors to make only a "diligent, good faith effort" to comply.

The data the Post cites doesn't differentiate between dismissal types. What's likely happening is that cases which would usually plead out (the vast vast majority) prior to any discovery are now being voluntarily dismissed by the prosecution, not dismissed by the judge. Why? Because before discovery reform, you didn't get access to any exculpatory evidence until after plea offers expired. Now, prosecutors have to actually prove their cases instead of just threatening defendants with big prison sentences to force a plea.

DWIs are bad, but due process is good. The solution to societal problems is not to strip people of their rights.

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Throwawayhelp111521 t1_je9w7j5 wrote

Why do some people insist on their right to be wrong? Most of us probably grew up thinking that cobblestones and Belgian Blocks (stetts) were the same until the difference was explained to us. Now we use the correct terms. Cobblestones are much more uncomfortable to walk on.

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mowotlarx t1_je9w2vd wrote

The housing requirement isn't for low income. It's not requiring section 8 housing. It's requiring they build any housing. But the fact that you jumped there and made the assumption that everyone in section 8 is a violent criminal pretty much proves my point. Just admit that the push to stop any housing is because of straight up racism and stereotyping of what poor or lower income people are like.

I assure you Scarsdale is full of criminals. But we call them white collar despite the destruction they do getting into the millions and billions of dollars in theft.

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