31

New York Criminal Procedure - Article 160.6 states, Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied ...


30

The victim of domestic violence is referred to as the complaining witness. Domestic violence arrests will result in a criminal investigation. It is not up to the complaining witness to determine if charges are brought against the one who was arrested - this is up to the prosecutor. Here is a good article at Findlaw that discusses the process. If the ...


20

Yes he can still have a record if he is convicted and yes, they can still go forward if the victim asks to withdraw the complaint. The victim to a crime (any crime, DV especially) can be subpoenaed to testify even if they don't want to. And you're under oath in the event of a trial, subject to the penalties of perjury. You also cannot mislead the police or ...


19

First, be sure you are talking about actual expungement and not just having your record sealed. The terms “expungement” and “sealing” are often used interchangeably, but they are not the same and there are some very important differences. “Sealing” is when the general public no longer possesses the right to search for your criminal records in a background ...


16

The statute reads (emphasis mine): A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Suppose Alvin has sex with Betty while Betty is married to Charlie. Does Alvin's conduct satisfy the elements of the crime? Alvin engaged in sexual ...


13

Yes, you can legally say you were not arrested. The exception is law enforcement and maybe some federal jobs that I do not know about. Employers are not allowed to ask about arrests. The exception is that they can ask about open arrests - arrests that have not resulted in a disposition. Employers can ask if you have been convicted of a crime. You are only ...


8

It's not theft, but the donee (recipient) generally is not entitled to keep the ring. A number of states - not all - have so-called "Heart Balm" Laws, which abolish the ability to sue for a breach of a promise to marry. New York State is one of them. However, this does not bar actions for recovery of a chattel, money, or securities transferred in ...


6

Looking at the text of the statute, it is clear that in that case your friend has satisfied the elements put forth. However, there are further issues. One is that courts generally requires crimes to have an element of mens rea, and none is explicitly given in this statute. A court may then infer one, treating the statute as reading "A person is guilty of ...


5

Both of your question are creatures of contract. Their disclosures when you set up the account (or potentially amended disclosures or terms they've mailed to you subsequently) control both of these questions. They don't have to share the results of their internal investigation against you (they do have to give you proof that the deposit/transfer was ...


5

The Board of Estimates still gave small boroughs like Staten Island more representatives per voter than large boroughs like Manhattan. Therefore it violated the one man, one vote principal which is evaluated with respect to all representatives having votes in a body, not just those that hold a majority. The analysis is to take all at large seats that don't ...


5

This law regulates employers, and New York City only has jurisdiction over employers in New York City, so this law would not protect residents of New York City seeking employment outside of New York City. Generally speaking, the law of a jurisdiction can only apply to someone who has "personally availed themselves" of the benefits of operating in that ...


5

From NYC website (creed): Creed refers to a set of moral or ethical beliefs and the practices and observances associated with those beliefs. Although creed includes traditional religious beliefs, it also incorporates belief systems that may not be expressed by an organized religious group. Based on the examples shown on the website, it doesn't seem like ...


4

If there is a contract, Bob is entitled to damages There probably is a contract in this case - the landlord (through their agent) has made an unambiguous offer which Bob has accepted by signing the lease. The contract comes into effect with Bob’s acceptance irrespective of if the landlord has (or ever does) sign it. If the agent has acted without the ...


3

According to New York state law VAT § 1111(d)(4): Unless otherwise directed by a pedestrian-control signal as provided in section eleven hundred twelve, pedestrians facing any steady red signal shall not enter the roadway. VAT § 1112 says they can't enter the intersection when a DON'T WALK (flashing or not) is showing, but can continue if they're already ...


3

Yes, the statute of limitations in New York can toll if a person is out of state for a long period of time. See CVP § 207. Defendant's absence from state or residence under false name: If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes ...


3

YES! Everything against you an be dug up nowadays no matter how long ago and even if charges were dismissed. I was falsely accused of DV by a former live-in girlfriend, the charges were dropped in a hearing, but a dozen years later a detective investigating me after defamation by an ex-step-daughter brought it up as a factor in perceptions of me.


2

Well, the Chase QuickPay agreement has a paragraph "Termination" that says they can close that service for "any reason": We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Chase QuickPay Service, in whole or part, at any time for any reason without prior notice. The obligations and liabilities of the ...


2

The statute doesn't say much in detail (from the New York State Vehicle and Traffic Law (unfortunately, the site works on javascript, so, you have to navigate by opening the "Laws" menu and then making your way from there): § 1128. Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for ...


2

Google is very helpful in this regard. I typed nyc restaurant bath and it suggested nyc restaurant bathroom law, the first result being http://www1.nyc.gov/nyc-resources/service/2360/restaurant-bathroom-requirements. It says: You can make reports about any food establishment with 20 or more seats that has no toilet and was established after 1977. These ...


2

Not exactly. According to New York's DMV, points only expire when the conviction comes off your record, however for license suspension purposes, they will only look at the last 18 months. You'll have to ask your insurance company how they use points for changing premiums.


1

Stuff done “prior to signing” is unenforceable1 The contract says “as is, so as is it is. If you want to use the closet, providing you move and store the stuff safely (e.g. by hiring a storage locker at your expense or keeping it in your dad’s garage) and return it at the end of the lease, you can do that. 1 subject to some very narrow, technical ...


1

There is no New York law that requires you to accept a job offer at exactly 48 hours from the time that it was made, no more or no less. A private contract can give someone 48 hours to accept. There are probably many workers in New York City who are governed by industry-wide union collective bargaining agreements (which apply to almost everyone in the ...


1

Zero days, under a literal and strict reading of New York Vehicle and Traffic Law § 319. As is typical, the DMV does not accurately say what the law is, they only paraphrase a regulation that they wrote that is related to the law. The law simply says that to operate a vehicle in NY, you have to have insurance of a bond. Violation yields a fine of $150-$1500, ...


1

As noted, the state Dept. of Health has a position in this link on providing copies. They also have a page for genealogical interests, which says that the New York State Department of Health provides uncertified copies of the following types of records for genealogy research purposes: Birth certificates - if on file for at least 75 years and the ...


1

In NYC, it matters what the legal status of the unit is, viz. rent-controlled, rent-stabilized, or unregulated. If you are not sure, I think these people can tell you. The NY attorney general has a publication outlining the legal situation. If the unit is unregulated, you are not required to renew the lease at the end of the period. If there is an automatic ...


1

Well, yes. It's called a fine and it will be written on the ticket; that is the penalty for the offence. Right now you are presumed innocent; you can refute that presumption by paying the fine or you can maintain it and have your day in court. If you defend it and fail then you are guilty and always were! There will be no additional penalties but there may ...


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