Motions & Hearings In New York State Criminal Courts
A motion is a request for the judge to do something you may want. After you've been arrest or indicted, New York Law allows your criminal defense attorney a limited amount of time to file the motions and it's very important not to miss the deadline. The following are some of the motions that may be filed in court:
- 240.43 - Bad prior acts used to impeach the defendant
- Cardona - Defendant's admission to a witness
- Clayton - Dismissal in the interest of justice
- Competency to stand trial
- Darden - Establish the informant's existence
- Dunaway - Suppress defendant's statements - no right to arrest
- Forman - Ex Parte Order of Protection
- Franks/Alfininto - Perjury to obtain a search warrant
- Frye - Scientific procedure
- Goggins - Informant's ID
- Hinton - Closure of the Courtroom
- Huntley - Admissibility of defendant's statements to the police
- Ingle - Stop of the Vehicle
- Kastigar - Immunity agreement and admissibility of evidence
- Mapp - Physical evidence and consent to search
- Outley - Disregard of the promise between plea and sentence
- Payton - If the defendant was arrested inside his home without a warrant
- Preliminary Hearing - continued detention of the defendant in jail
- Rodriguez - Whether the witness and the defendant know each other
- Sandoval - Impeachment of the defendant
- Singer - Delay from the crime to arrest
- Sirois/Hellenbrand/Mastrangelo - Whether a witness can be introduced
- SORA - Classification of the sex offender level
- Swearability - Whether a minor or a disabled person can understand the oath
- Ventimiglia - Uncharged crimes used to impeach the defendant
- Wade - Admissibility of the identification of the defendant