New York Assertion of Right to Be Present

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Multi-State
Control #:
US-00791
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Word; 
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This is a multi-state form covering the subject matter of the title.

The New York Assertion of Right to Be Present is a legal document that guarantees individuals the right to be physically present in certain situations and settings. This essential right ensures that individuals can fully participate and engage in various legal proceedings, including court hearings, depositions, and other important events in New York. In legal terms, the "Assertion of Right to Be Present" refers to the act of asserting and claiming one's presence during these proceedings. It allows individuals, such as defendants, plaintiffs, witnesses, or even interested parties, to attend and actively participate in the proceedings that directly affect their legal rights or interests. There are different types of New York Assertion of Right to Be Present, each applicable in specific legal contexts. Some commonly encountered situations include: 1. Criminal Proceedings: The New York Assertion of Right to Be Present is frequently exercised during criminal trials, where the defendant has the right to be present to confront their accusers, observe the proceedings, consult with their attorney, and to ensure a fair trial. 2. Civil Proceedings: In civil cases, such as personal injury lawsuits or contract disputes, individuals involved have the right to be present to present their case, cross-examine witnesses, and ensure due process. 3. Family Court Proceedings: The Assertion of Right to Be Present is crucial in family court matters, including child custody hearings, divorce proceedings, and spousal support cases, allowing parties to testify, present evidence, and protect their rights. 4. Depositions: Depositions are formal examinations conducted outside the courtroom, usually in attorneys' offices, where witnesses are questioned under oath. The Assertion of Right to Be Present permits individuals, including parties, their attorneys, and witnesses, to be physically present during these depositions. 5. Hearings and Arbitration: Whether it's an administrative hearing, disciplinary hearing, or an arbitration proceeding, individuals affected by the decisions have the right to be present to present their case, provide evidence, and question witnesses. Overall, the New York Assertion of Right to Be Present ensures that individuals involved in various legal proceedings have the opportunity to exercise their rights effectively. It enables active participation, safeguarding the principles of fairness, transparency, and justice in New York's legal system.

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A Molineux hearing is a New York State pre-trial hearing on the admissibility of evidence of prior uncharged crimes by the defendant in a criminal trial. In most cases, evidence of prior uncharged crimes is not admissible because of its potential prejudicial effect. Under certain circumstances, it may be admissible.

N.Y. Criminal Procedure Law §40.20 codifies the double jeopardy policy. It states that a person may not be prosecuted twice for the same offense. The statute continues, in CPL §40.30 by defining what constitutes a previous prosecution, and listing lists exceptions to that definition.

The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.

Under New York City's Right-to-Counsel (RTC) law, DSS/HRA's Office of Civil Justice (OCJ) provides tenants facing eviction in Housing Court or NYCHA administrative proceedings access to free legal representation and advice provided by nonprofit legal services organizations from across the five boroughs.

In New York the right to counsel indelibly attaches to a matter on any one of the three triggering events: Request for counsel while in custody; Commencement of criminal prosecution on the matter (usually commences by filing of accusatory instrument); Entry or retaining of counsel on the matter.

The New York State Constitution provides that "[i]n any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. . . nor shall he be compelled in any criminal case to be a witness against himself. ... N.Y. CONST.

(1) Evidence of crimes, wrongs, or other acts committed by a person is not admissible to prove that the person acted in conformity therewith on a particular occasion or had a propensity to engage in a wrongful act or acts.

Under Supreme Court case law, the Sixth Amendment right to counsel specifically requires that each and every adult who cannot afford to hire a lawyer at prevailing compensation rates in his jurisdiction must be given a qualified and trained lawyer.

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The written response must be made within. 20 days of personal service, or within 30 days of the time when service by any other means is complete. If defendant ... Print to fill in the spaces next to the instructions. SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF BRONX. [Fill in names (s)] Plaintiff ( ...The best way to fight a lawsuit is with strong affirmative defenses that avoid liability even when the facts in the complaint are all true. Summary judgment motions present special circumstances due to the well-settled rule that a party opposing summary judgment is entitled to the benefit of all ... The precise scope of a lawyer's right to assert a retaining lien presents questions of law. ... A New York law firm may designate as “of counsel” a lawyer who is ... Oct 29, 2018 — The Committee believes that it is unnecessary to have a Local Rule dealing with the hours of opening of the Clerk's Office, which are best ... For births that took place outside New York City, mail or take the original Acknowledgment of Parentage to the registrar of the district where the birth ... Dec 1, 2016 — (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United ... This is an informational handbook. This handbook is a guide for self-represented litigants. It is not legal advice and should not be considered as such. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a ...

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New York Assertion of Right to Be Present