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Questions tagged [new-york-state]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York. For questions pertaining to the city use the "new-york-city" tag.

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Can a judge throw out a case for being nonsense?

In the Trump Hush money case, one aspect of the legal theory was that Trump violated New York state tax laws by not properly classifying the payments to Stormy Daniels when he gave money to Michael ...
ineedahero's user avatar
1 vote
1 answer
26 views

Finding the text of the 2019 New York Bail Reform law?

I would like to read the text of the the 2019 New York Bail Reform law. How can I find it? I tried a couple different methods: Google: This sorta worked -- it surfaced S02101 / A2726 (in New York, ...
Hungry Pizza's user avatar
-4 votes
3 answers
189 views

In the Hush Money case, why was Trump not charged with the "other" crimes?

In New York law, falsifying business records (which Trump was charged with) is only a misdemeanor. However, if the falsification was done with intent to help commit or conceal a crime, then it is ...
ineedahero's user avatar
0 votes
0 answers
50 views

What is effect of lack of special instructions to Trump's jury for unanimity of guilt in the underlying felony upon subsequent appeals? [duplicate]

Former president Trump was recently convicted of 34 felonies relating to false business records. Payments made to Michael Cohen were falsely recorded as legal expenses when in actuality those payments ...
Anthony's user avatar
  • 425
1 vote
1 answer
69 views

Non accredited degree

My job gave me an option to transfer departments due to them eliminating my position. In doing so they stated my BA degree was from a non accredited university after transferring me. The current job ...
Jay's user avatar
  • 11
17 votes
4 answers
5k views

Are there any jobs that are forbidden by law to convicted felons?

Consider a hypothetical job-seeker who has been convicted of 30 felonies in the State of New York. This person is willing and able to re-locate anywhere within the United States or its territories, ...
Tom's user avatar
  • 954
2 votes
1 answer
262 views

Could Trump have just avoided the charges?

In the recent NY v. Trump case, Mr. Trump was convicted of falsifying business records (34 times). I found this article helpful in explaining the case Once Mr. Trump or his lawyers suspected that law ...
Pete B.'s user avatar
  • 736
18 votes
3 answers
5k views

Falsifying Business Records; Why is Jury Unanimity Not Required

Let me preface, this is not a political post, and please refrain from discussing political beliefs in the answers. In the recent case about falsifying business records, former president Trump was ...
Kyle Berezin's user avatar
0 votes
1 answer
89 views

Did the DNC essentially plead "no contest" to FEC charges in the Steele Dossier?

I'm trying to understand the exact legal implications of this "conciliation agreement" in other potential legal cases (e.g. if the DNC or Clinton were charged in some US state that has lower ...
got trolled too much this week's user avatar
4 votes
1 answer
440 views

What is a special verdict?

In the context of criminal proceedings, what is a special verdict?
Jen's user avatar
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21 votes
1 answer
9k views

If Trump pardons himself regarding the federal crime he tried to hide by cooking the books, is the New York conviction void?

[Note that Jen in their answer corrects quite a few of the premises of my question; read it. I let the question otherwise stand as-is.] Falsifying business records in New York is only a felony if it ...
Peter - Reinstate Monica's user avatar
-1 votes
0 answers
49 views

What is a special verdict form, and what is the basis in law for this jury to be able to develop their own theory and not have to disclose it? [duplicate]

Background (how I arrived at this question): In the CNN's May 31, 2024 video "'Cannot have a double standard': Retired judge on upcoming Trump sentencing" a commentator said (on the topic of ...
uhoh's user avatar
  • 816
4 votes
3 answers
613 views

What is Donald Trump's crime? Why is it wrong to pay somebody money for confidentiality?

I read that the money paid by Cohen to Daniels is (allegedly) illegal. But what is illegal about it? Cohen used some housing line of credit he had. Why can't Cohen say, "Well, I helped my friend ...
Lisa Ellingwood's user avatar
-2 votes
0 answers
48 views

Why doesn't the jury get transcripts of all the testimony? [duplicate]

During their deliberation in the Trump "hush money" trial, the jurors made a few requests to the judge: to rehear some of the testimony, and for one of the judge's instructions to the jury. ...
Barmar's user avatar
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-2 votes
1 answer
120 views

Court closure incident by Judge Juan Merchan in Trump NY trial: Would this be structural error or harmless?

Yesterday, Judge Juan Merchan of the NY Supreme Court , trial division temporarily closed the court to the public by removing the press and jurors to address insolent behavior by a defense witness in ...
Anthony's user avatar
  • 425
1 vote
0 answers
68 views

Is a New York State public school required to provide additional classes for a student who exhausts the school curriculum?

Let's say a student was to complete all of the classes in a particular subject before graduating from a New York public high school. Would said school be required to provide some way for the student ...
Dsmith06's user avatar
3 votes
1 answer
347 views

Could Judge Merchan put Donald Trump on house arrest during the current criminal trial?

Could Judge Merchan put Donald Trump under house arrest where he would have to be in his penthouse in Trump Tower when he is not in court or going or coming to court? And maybe give him the weekends ...
user avatar
15 votes
1 answer
6k views

Can a district attorney dismiss their own traffic ticket?

Recently in the local news, I watched the body camera footage of the Monroe County NY District Attorney getting a traffic ticket. During the video she exclaims to go ahead and write the ticket ...
rtaft's user avatar
  • 567
0 votes
2 answers
103 views

When a court orders a new criminal trial, can prosecutors still decline to press charges?

Recently, the NY Court of Appeals ordered a new trial in Harvey Weinstein’s case. The incumbent Manhattan DA, Alvin Bragg, has said, via a spokesperson, that he will do everything in his power to re-...
BakedAlaska624's user avatar
2 votes
2 answers
480 views

What happens if Trump decides not to attend his New York trial?

Trump is currently on trial for falsifying financial records. New York law apparently requires him to be present during the trial. What happens if Trump decides he's not going to attend anyway? It ...
Allure's user avatar
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10 votes
1 answer
8k views

In which US states are hush money payments illegal?

I was just reading something from the New Yorker magazine which stated: “Paying hush money is not a crime under New York state law,” Mark Pomerantz, a lawyer who worked in the D.A.’s office, wrote, ...
blue_ego's user avatar
  • 259
2 votes
1 answer
88 views

Why might a court not be allowed to order the sale of home owned by a tenancy of the entirety?

I am reading a case from 1978, Kahn v. Kahn, in which the Court of Appeals in New York debated whether it had the authority to order the sale a couple's home during divorce proceedings. The principal ...
lgshost's user avatar
  • 181
0 votes
2 answers
153 views

How to force business to provide address to serve them with?

Related to my question about a locksmith blatantly overcharging me and ripping me off when I had no alternative. I called my bank to reverse the transaction but as it had been paid with Zelle there ...
Runeaway3's user avatar
  • 269
0 votes
0 answers
63 views

Criminal procedure to dismiss a case

When one has been summoned to a pre-trial conference in a municipal court over a minor traffic offense, if one wants to request, pro se, from the judge a dismissal of the case, it would seem to be ...
user2065068's user avatar
0 votes
1 answer
106 views

Do remote employees count for purposes of WARN Act in NY State?

I'm trying to figure out if I am covered under NY law for purposes of triggering the WARN Act (and potentially seeking damages with a class action). I was recently laid off, along with 50+ employees, ...
aidenm's user avatar
  • 1
1 vote
0 answers
45 views

Getting a document notarized in Iceland without visiting embassy

My wife and I have agreed to a divorce. We live in New York State. The document is completed, and ready to be signed. But it must be notarized and my wife is in Iceland. The normal solution for this ...
jimboweb's user avatar
  • 111
1 vote
2 answers
215 views

Does employment change during divorce proceedings affect spousal support/asset division?

Spouses A and B are divorcing. Divorce started in December 2023. It's a contested divorce, with no settlement, so goes to the judge. There are no dependents to complicate the picture. In the middle of ...
user17760's user avatar
  • 308
0 votes
2 answers
101 views

Justice delayed [closed]

I just rec'd. a summons to have a pre-trial conference re.- a traffic ticket that is dated > 4 yrs. ago (turn w/o signaling). I have no recollection of it. Presumably, the NY municipality will ...
user2065068's user avatar
-1 votes
1 answer
81 views

In which parts of the world is it legal for a registered member of one party to run for/hold office as another party?

I learned that Mazi Melesa Pilip, a registered Democrat since 2012 who campaigned to fill George Santos' vacancy ran as a Republican. I was confused since this would have been impossible in my country....
gusty513's user avatar
-1 votes
1 answer
46 views

Beneficiary question on Small Estate Affidavit [closed]

I am going through the Small Estate Affidavit DIY Forms for a spouse. Location is the state of New York, US. One of the questions is "Are there beneficiaries other than you in the decedent's will&...
user10668445's user avatar
0 votes
1 answer
55 views

Theft without charge; post-factum permission [duplicate]

I'm curious about what constitutes a violation of the law in the State of New York (but other jurisdictions would be interesting to me, too). The scenario is that an adult takes something of ...
Peter - Reinstate Monica's user avatar
17 votes
3 answers
5k views

Theft on golf course

Let's say hypothetically two men are playing golf on a public golf course.. One man loses his ball in a stream (which is on the golf course's property)... The man goes to collect his ball from the ...
user55665484375's user avatar
10 votes
1 answer
2k views

Can a civil court impose criminal contempt charges?

For a 2nd time, Donald Trump is being sued by E. Jean Carroll for defamation charges relating to his ongoing defamatory actions towards her. The 1st lawsuit relating to these litigants occurred in May ...
Pyrotechnical's user avatar
-2 votes
1 answer
118 views

Can I get ticketed this way?

I was driving my new car at about 85mph in a rural area in New York, when a car I passed sped up behind me blinked his lights. I slowed down and the driver appeared to be video taping me with his ...
Adam's user avatar
  • 9
1 vote
1 answer
75 views

Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?

The U.K. Equality act 2010 introduces a notion called “indirect discrimination.” Basically it’s things that one does that disproportionately affects individuals possessing a protected characteristic (...
TylerDurden's user avatar
36 votes
2 answers
7k views

Theft by proxy using wild Crows?

Feeding birds gets them to behave different, we all know that. Allegedly, someone feeding crows turned the neighborhood crows to turn them into an active deterrent for thieves - and an alert that an ...
Trish's user avatar
  • 40.4k
2 votes
0 answers
161 views

Speeding tickets issued to foreigners without U.S. driver's licenses [closed]

Just recently, my friends (tourists) and I booked a rental car just for a day trip in New York. Unfortunately, we got caught by a cop for speeding. I showed my foreign driver's license to a cop and my ...
Kirck's user avatar
  • 29
3 votes
1 answer
1k views

Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?

In CNN's ‘Very bad strategy’: Legal expert reacts to Trump’s latest attack on judge after 03:11 there's the following exchange with former federal prosecutor Renato Mariotti: CNN: And of course, when ...
uhoh's user avatar
  • 816
0 votes
1 answer
135 views

What is the cause of Letitia James’s “civil claim” against trump? [duplicate]

It’s confusing to me because her standing seems to derive from her position as attorney general, and yet this is a position that is meant as I had understood to prosecute crimes, not civil matters. So ...
TylerDurden's user avatar
2 votes
0 answers
78 views

New York City and New York state Antique Gun Laws

Please excuse my unclear question that I posted before, but here is the revised question: Can you legally own an antique LONG ARM, for a personal collection because of its historic significance in NYC?...
Justin Ji's user avatar
9 votes
3 answers
2k views

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
uhoh's user avatar
  • 816
30 votes
2 answers
15k views

Why is Trump's alleged fraud in New York not prosecuted as a criminal offense?

The New York Attorney General has filed a civil "complaint" against Donald Trump as well as some family members and companies. The allegations are centering around fraud by inflating ...
Peter - Reinstate Monica's user avatar
9 votes
2 answers
4k views

Is it legal to collect payment for event entertainment services up front in case they cancel?

Is it legal for a children's entertainment company (that provides services like face painting and balloon animals) to take full payment up front to reserve a client's date? It would be in order for ...
K V's user avatar
  • 109
2 votes
1 answer
212 views

Can students transfer to a new high school purely on their will?

My high school life was subpar at the very least. I was constantly bullied and never received the necessary protection from school staff. This coupled with dwindling grades created a negative feedback ...
nyt35094's user avatar
2 votes
1 answer
485 views

Property and Intestacy when married

What happens to property without a will while it is in probate? An IRA with a named beneficiary is exempt from probate. A house in joint tenancy does not pass through probate. However, say a car is ...
paulj's user avatar
  • 1,581
1 vote
2 answers
124 views

Is Scamming Extortion in New York?

Welcome to the Internet, where people are the worst and want money for nothing: Alice is a normal citizen of New York with an e-mail address. She receives an E-mail from Bob, a New York State Citizen, ...
Trish's user avatar
  • 40.4k
18 votes
7 answers
11k views

Is it bigamy to marry someone to whom you are already married?

The goal is to obtain legal proof of marriage with the least amount of effort, such as travelling overseas and hiring translators and notaries. This is not a "renew vows" situation. Answers ...
IKnowNothing's user avatar
  • 2,277
2 votes
2 answers
6k views

Why wasn't Trump criminally charged for sexually assaulting E. Jean Carroll?

E. Jean Carroll has sued Donald Trump for battery. But battery is also a crime. Is anything known, or can we make any reasonable inferences, about why New York State hasn't charged him for battery?
Kodiologist's user avatar
-5 votes
3 answers
180 views

Infidelity and child support

Lets say hypothetically I got married and had a child. Five years later my wife sleeps with several other men but I don't have proof of this. I wish to attempt to gain full custody of the child, ...
user55665484375's user avatar
2 votes
1 answer
339 views

Why do the pundits think Trump would only be fined if convicted?

I asked Are there any sentencing guidelines for the crimes Trump is accused of?, and the answer is that the normal range of sentences for a non-violent class E first offence felony in NY is 1.5 to 4 ...
Paul Johnson's user avatar
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