A Sandoval Brian Edward Sandoval is an American businessman and former attorney and politician who served as the 29th Governor of Nevada from 2011 to 2019. A member of the Republican Party, Sandoval is a former United States District Judge of the United States District Court for the District …Brian Sandoval
What is a Sandoval hearing in New York State?
At a Sandoval hearing, the judge decides whether evidence of your criminal record will be admissible at trial, if you choose to testify. These are just a few of the pre-trial suppression hearings available to you in New York State. Depending on the specific facts of the case, each has its own purpose.
What is the difference between a Wade and Sandoval hearing?
At a Wade hearing the judge hears evidence on the issue of whether the police identification procedure used was unduly suggestive when police had witnesses identify you as having committed the crime. At a Sandoval hearing, the judge decides whether evidence of your criminal record will be admissible at trial, if you choose to testify.
What is the difference between Sandoval and Ventimiglia hearing?
Ventimiglia Hearing - Usually conducted at the same time as a Sandoval hearing this hearing determines if the prosecution can use any uncharged crimes of the defendant during the government's case. 18. Wade Hearing - Determines the admissibility of an identification of the defendant by a witness.
What was the decision in People v Sandoval?
Augustin Sandoval, Appellant. Court of Appeals of New York Argued April 29, 1974 Decided June 19, 1974 34 NY2d 371 CITE TITLE AS: People v Sandoval [*373]OPINION OF THE COURT Jones, J. We affirm the order of the Appellate Division.
What is a Wade hearing NY?
Wade Hearing Wade hearings are held on motions to suppress proof of an out of court police arranged identification of the defendant. Grounds for this motion include that the lineup or photo lineup was held in an illegal or suggestive manner.
What is a Molineux application?
A Molineux application (People v. Molineux (168 NY 264)) concerns the admissibility of evidence of a prior crime to establish the defendant's motive, intent, absence of mistake or accident, common scheme or plan, or identity (People v.
What is Molineux evidence?
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.
What is the Molineux exception?
“The Molineux rule ' “is based on policy and not on logic.” ' 'It may be logical to conclude from a defendant's prior crimes that he is inclined to act criminally, but such evidence “is excluded for policy reasons because it may induce the jury to base a finding of guilt on collateral matters or to convict a defendant ...
Q. What is a pre-trial hearing in a criminal case?
A. Pretrial hearings resolve legal issues before the start of a trial as opposed to a final determination of guilt or innocence. There are several...
Q. Are pre-trial hearings important?
A. Yes, criminal defense attorneys use pretrial hearings to strategically set forth a defense to place a client in the best possible position for a...
Q. Can a criminal case be dismissed at a pre-trial hearing?
A. Yes, depending on the legal issue. If evidence is suppressed, perhaps due to a constitutional violation that could result in a dismissal of a ch...
Q. Does a jury hear a pre-trial hearing?
A. No, a jury will not be present during a pretrial hearing, only a judge.
What was the court hearing in People v. Sandoval?
The court held a Sandoval hearing (People v Sandoval 34 NY2d 371). The court granted the plaintiff’s request to cross-examine the defendant about the defendant’s previous conviction for coercion. The defendant never testified. We agree that the court shouldn’t have granted this request.
Why was the Sandoval ruling harmless?
This court feels that the Sandoval ruling didn’t deprive the defendant of a fair trial. It was harmless because there was no chance that the error could have affected the court’s decision.
What does the defendant agree with in People v Adamson?
The defendant agrees that the court properly accepted the evidence that the defendant’s after his arrest caused the police to forego the normal line up. The plaintiff’s companion subsequently identified the defendant by a photograph (People v Adamson 131 AD 701, People v Perkins 15 NY3d 200). The defendant, however, objects to the evidence that was admitted by the detective who admitted the defendant. Violent language was used. The defendant contends that these statements were of minimal probative value and greatly prejudicial. The court disagrees.
Is Sandoval questioning prejudicial?
Using Sandoval questioning is not automatically precluded. A cross-examination when similar claims are involved can be considered prejudicial (People v Ridenhour 153 AD 942, 943). Therefore, a balance must be struck between the worth of the evidence vs. the risk of unfair prejudice on the other. This should be measured by the impact of the evidence and if it will discourage the defendant from taking the stand on their own behalf.
Can the credibility of witnesses be challenged?
We agree that the court shouldn’t have granted this request. The court said that the credibility of witnesses can be challenged by their prior bad acts. The risk here, however, is the judge can view the evidence as showing a propensity to commit the crime. It also may deter the defendant from testifying (People v.
Does the Sandoval ruling deprive the defendant of a fair trial?
This value was outweighed by the possible prejudicial effect of those facts. The court says that the Sandoval ruling didn’t deprive the defendant of a fair trial (People v Cummins 36 NY2d 230).
What is a Sandoval hearing?
Sandoval Hearing. At a Sandoval hearing, the judge decides whether evidence of your criminal record will be admissible at trial, if you choose to testify. These are just a few of the pre-trial suppression hearings available to you in New York State. Depending on the specific facts of the case, each has its own purpose.
What happens at a Dunaway hearing?
At a Dunaway hearing the judge decides whether you were unlawfully arrested.
What is Huntley hearing?
Huntley Hearing. At a Huntley hearing the judge hears evidence on the issue of whether police officers acted legally when you made a statement to them. The judge also considers whether the statement was voluntarily made and if it was actually made at all.
What happens during a suppression hearing?
During the suppression hearing, testimony is taken from police officers and witnesses. The Defense is be able to cross examine the D.A.'s witnesses and call witnesses of their own. If the D.A. does not meet its burden at the hearing, the evidence that the D.A. wants to use against you at trial may be suppressed.
Who files pre trial motions?
Pretrial motions are usually filed by both the Defense and the District Attorney's Office. Depending on the specific facts of the case, pre-trial suppression hearings may be granted. Unlike a trial, pre-trial suppression hearings are court proceedings simply to determine whether certain evidence will be admissible at trial.
Can the District Attorney's Office be excluded from a pre-trial suppression hearing?
If the Defense is successful at a pre-trial suppression hearing, the District Attorney's Office may be excluded from using evidence they wished to bring out at trial. Here are a few of the common suppression hearings:
What is Dunaway hearing?
4. Dunaway Hearing - Determines if a statement obtained after an accused arrest should be suppressed because the accused was arrested without probable cause.
What is the Ventimiglia hearing?
Ventimiglia Hearing - Usually conducted at the same time as a Sandoval hearing this hearing determines if the prosecution can use any uncharged crimes of the defendant during the government's case.
What are the pre trial hearings in New York?
In New York State, the criminal defense lawyer and the client are entitled to pre-trial hearings to resolve issues of law that a jury would not consider. Westchester County criminal defense lawyers use hearing names to ask for the specific hearing. This is also common in other courts in New York State such as New York City, Putnam, Dutchess, Rockland and Orange Counties. It is important for the client to understand what hearings are being requested and for what reason. This criminal defense blog reviews the common hearing names and substance of the pre-trial hearings. Many of the hearings listed below start as a written motion by defense counsel but in order for the court to make a decision live testimony is needed from witnesses.
What is a restitution hearing?
13. Restitution Hearing - This hearing determines if restitution is owed to the complainant and how much restitution is due.
What is Clayton hearing?
1. Clayton Hearing - A hearing requested by a criminal defense lawyer in New York to seek to have the case dismissed in the interest of justice. In Westchester County, the criminal defense lawyer will usually make a motion on paper in advance of this hearing.
What issue needs to be determined in Huntley Hearing?
7. Huntley Hearing - The issue that needs to be determined is if the accused's statement to the police was voluntarily made to be admissible at trial.
What is a preliminary hearing?
Preliminary Hearing/Felony Hearing - The court must determine if the accused should be held in jail and if there is reasonable cause to believe the defendant committed a felony.
What is a sensitive, informed reconciliation of the interests of the People and the rights of the defendant?
The sensitive, informed reconciliation of the interests of the People and the rights of the defendant must here as in other instances, be committed principally to the reviewable discretion of the trial court, to be exercised in the light of all the facts and relevant circumstances disclosed in the given case. We do not suggest that precise guidelines can be laid down. A
- 376]frame of reference may be described, however, within which the responsibility of ad hocdiscretion should be exercised. Such frame of reference should be understood as illustrative and suggestive rather than categorical or mandatory.
When should evidence of prior criminal, vicious or immoral conduct be admitted?
Evidence of prior specific criminal, vicious or immoral conduct should be admitted if the nature of such conduct or the circumstances in which it occurred bear logically and reasonably on the issue of credibility. Lapse of time, however, will affect the materiality if not the relevance of previous conduct.
What is Section 2444?
Section 2444 of the former Penal Law (which was in effect repealed by the Revised Penal Law effective September 1, 1967), by contrast was addressed to the scope of cross-examination as well as of independent proof and embraced the conviction of any crime but explicitly excluded conviction for a traffic infraction. (Cf.
Is it appropriate to consider the procedural and substantive rights of a defendant to obtain a prospective ruling as to?
It is appropriate, however, to consider the procedural and substantive rights of a defendant to obtain a prospective ruling as to the permissible scope of his cross-examination concerning prior commission of specific criminal, vicious and immoral acts, on the basis of which, inter alia, he will decide whether to take the witness stand in his own defense. [1]
- 374]
