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7 Apr 2021, 4:00 am by Public Employment Law Press
Further, said the Appellate Division, "The burden is on the People to prove by a preponderance of the evidence that the county where the crime is [being] prosecuted is the proper venue because either the crime was committed there or one of the statutory exceptions is applicable". [read post]
7 Apr 2021, 4:00 am by Public Employment Law Press
Further, said the Appellate Division, "The burden is on the People to prove by a preponderance of the evidence that the county where the crime is [being] prosecuted is the proper venue because either the crime was committed there or one of the statutory exceptions is applicable". [read post]
2 Nov 2016, 5:30 am by The Public Employment Law Press
A discrepancy between the contemporaneous incident reports and the applicant’s testimony at the subsequent hearing presents a credibility issue to be resolved by the hearing officerBevilacqua v DiNapoli, 2016 NY Slip Op 07077, Appellate Division, Third DepartmentPolice Captain Larry A. [read post]
14 Aug 2023, 4:51 am by Public Employment Law Press
As  to conducting disciplinary hearings in absentia, in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819, the Appellate Division held “due process does not require that [the charged individual] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
23 Aug 2023, 10:02 am
Bruen) and those that rely on history to set the content of a constitutional rule (for example in Dobbs v. [read post]