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#41
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N.Y. DA says no more plea bargains in DUI cases
In article . com>,
"gerry" > wrote: > > Your defend the "spoils system," with patronage hiring in the Nassau > DA's offiice now reaching down to staff ADAs with no management role. I defend no such system. But its ridiculous to say that an experienced prosecutor from the opposing party replacing a 30-year incumbent can't bring in her own leadership team. Do you have any evidence its "spoils" or patronage and the people she brought in with her are unqualified for their jobs? |
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#42
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N.Y. DA says no more plea bargains in DUI cases
In article >,
Speeders & Drunk Drivers are MURDERERS > wrote: > On 28 Sep 2006 21:42:03 -0700, " > > wrote: > > >Larry wrote: > >> Well, plea-bargains can get appealed too. > >> But after a conviction by jury, there are are only retrials if there was > >> 1) a conviction and 2) reversible error. > >> What makes you think there will be more reversible errors if there is > >> less plea-bargaining? > > > > Very simple; the guy who gets a plea bargain gets a lighter sentence > >- and thus has much less incentive to ever appeal in the first place. > > > Hey stupid. If you accept a plea bargain you have no right to appeal. Hey stupid, you most certainly do. There are a number of issues you *always* have the right to appeal, including: your competency to enter a plea, your right to a speedy trial, the effectiveness of the counsel you received, and the jurisdiction of the court to hear your case. There are also other issues that you may be able to appeal, depending on the posture of the case at the time of the plea. For example, suppose a suppression hearing is held in a drug case and the drugs are ruled admissible. Since you know they will be used against you, you plea guilty. You can still appeal the judge's ruling that the search was legal, and if you win the appeal, your conviction is reversed and the case reinstated. (Which is why a waiver of your right to appeal is sometimes included as a condition of a plea bargain.) |
#43
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N.Y. DA says no more plea bargains in DUI cases
You can have the last word, but to deny the existence of a clubhouse
referral system for non-civil service jobs in New York State government, at all levels, boggles the mind. You ask for evidence. Maybe you should read the newspapers. Or remember the golden rule in New York, "It's not what you know, it's who you know." Larry wrote: > In article . com>, > "gerry" > wrote: > > > > Your defend the "spoils system," with patronage hiring in the Nassau > > DA's offiice now reaching down to staff ADAs with no management role. > > I defend no such system. But its ridiculous to say that an experienced > prosecutor from the opposing party replacing a 30-year incumbent can't > bring in her own leadership team. > > Do you have any evidence its "spoils" or patronage and the people she > brought in with her are unqualified for their jobs? |
#44
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N.Y. DA says no more plea bargains in DUI cases
In article . com>,
"gerry" > wrote: > You can have the last word, but to deny the existence of a clubhouse > referral system for non-civil service jobs in New York State > government, at all levels, boggles the mind. You ask for evidence. > Maybe you should read the newspapers. Or remember the golden rule in > New York, "It's not what you know, it's who you know." There are 64 counties in New York. Each one elects their own DA, who fills the positions in his/her office by appointment as he/she sees fit. If you're going to generalize about them all with a broad brush, there's no point discussing it further. |
#45
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N.Y. DA says no more plea bargains in DUI cases
On Sat, 30 Sep 2006 02:25:26 GMT, Larry > wrote:
>In article >, > Speeders & Drunk Drivers are MURDERERS > wrote: > >> On 28 Sep 2006 21:42:03 -0700, " >> > wrote: >> >> >Larry wrote: >> >> Well, plea-bargains can get appealed too. >> >> But after a conviction by jury, there are are only retrials if there was >> >> 1) a conviction and 2) reversible error. >> >> What makes you think there will be more reversible errors if there is >> >> less plea-bargaining? >> > >> > Very simple; the guy who gets a plea bargain gets a lighter sentence >> >- and thus has much less incentive to ever appeal in the first place. >> >> >> Hey stupid. If you accept a plea bargain you have no right to appeal. > >Hey stupid, you most certainly do. > >There are a number of issues you *always* have the right to appeal, >including: your competency to enter a plea, your right to a speedy >trial, the effectiveness of the counsel you received, and the >jurisdiction of the court to hear your case. > >There are also other issues that you may be able to appeal, depending on >the posture of the case at the time of the plea. For example, suppose a >suppression hearing is held in a drug case and the drugs are ruled >admissible. Since you know they will be used against you, you plea >guilty. You can still appeal the judge's ruling that the search was >legal, and if you win the appeal, your conviction is reversed and the >case reinstated. (Which is why a waiver of your right to appeal is >sometimes included as a condition of a plea bargain.) It's not sometimes included, its ALL THE TIME included, you legal ignoramus. |
#46
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N.Y. DA says no more plea bargains in DUI cases
In article >,
Speeders & Drunk Drivers are MURDERERS > wrote: > On Sat, 30 Sep 2006 02:25:26 GMT, Larry > wrote: > > >In article >, > > Speeders & Drunk Drivers are MURDERERS > wrote: > > > >> On 28 Sep 2006 21:42:03 -0700, " > >> > wrote: > >> > >> >Larry wrote: > >> >> Well, plea-bargains can get appealed too. > >> >> But after a conviction by jury, there are are only retrials if there was > >> >> 1) a conviction and 2) reversible error. > >> >> What makes you think there will be more reversible errors if there is > >> >> less plea-bargaining? > >> > > >> > Very simple; the guy who gets a plea bargain gets a lighter sentence > >> >- and thus has much less incentive to ever appeal in the first place. > >> > >> > >> Hey stupid. If you accept a plea bargain you have no right to appeal. > > > >Hey stupid, you most certainly do. > > > >There are a number of issues you *always* have the right to appeal, > >including: your competency to enter a plea, your right to a speedy > >trial, the effectiveness of the counsel you received, and the > >jurisdiction of the court to hear your case. > > > >There are also other issues that you may be able to appeal, depending on > >the posture of the case at the time of the plea. For example, suppose a > >suppression hearing is held in a drug case and the drugs are ruled > >admissible. Since you know they will be used against you, you plea > >guilty. You can still appeal the judge's ruling that the search was > >legal, and if you win the appeal, your conviction is reversed and the > >case reinstated. (Which is why a waiver of your right to appeal is > >sometimes included as a condition of a plea bargain.) > > It's not sometimes included, its ALL THE TIME included, you legal > ignoramus. Not in New York it isn't, you legal ignoramus. In fact, some times the prosecutor specifically allows the defendant to appeal on a particular issue, if is an unsettled area of the law. I am a prosecutor in New York, and I've handled over 1100 cases in my career, over 100 of which were DWI. So I know what I'm talking about. |
#47
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N.Y. DA says no more plea bargains in DUI cases
Larry wrote:
> You have an appeal as of right in NY. Virtually everyone who is > convicted of anything appeals, regardless of sentence. There's nothing > to lose. You have appeal as of right here, too - but virtually nil percent of convicted defendants appeal. That's because most all of them either plea-bargained or pled to original charge, got nil sentence - and aren't too unhappy with their sentences. If they walk out of court smiling, they just don't appeal. I had one court-appointed case facing 55 years on felonies and misdemeanors (forgery and bad checks) who I pled down to three years probation on misdemeanors - and she walked out of court with a smile. Think she was obsessed with her right to appeal that? No $4 to park! No $6 admission! http://www.INTERNET-GUN-SHOW.com |
#48
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N.Y. DA says no more plea bargains in DUI cases
Speeders & Drunk Drivers are MURDERERS wrote:
> On 25 Sep 2006 18:17:47 -0700, " > > wrote: > > >> I guarantee "no plea bargains" won't work. It will make every >>drunk-driving arrestee whose prior record has him facing mandatory jail >>or other harsh mandatory punishment hold out for a trial - and make him >>hire a lawyer specializing in all-out defenses of such cases. And - >>having both prosecuted and defended criminals from my law-school days >>in the early 1980s through lawyer days in the late 1990s - I can tell >>you that the defense always has the advantage in that situation. >> > > > > Unlike you, most americans don't believe in coddling killers. Of course, MOST AMERICANS (as you say) differ greatly in their definition of "killers" I've driven drunk on numerous occasions. I openly admit that it was WRONG, but I learned my lesson without being sent to jail for years. In fact, it would have hurt society (cost them hundreds of thousands of dollars) to imprison me. I NEVER injured anyone, let alone killed anyone. The only damage I ever caused was to my own vehicle, and I paid for the repairs myself - didn't use my insurance even though I had it. Now, just to **** you off, the most egregious thing I ever did while drunk behind the wheel? I pulled up to the gates of an apartment complex right next to mine and found them closed, realizing about the same moment that I was about 50 feet short of the gates I had meant to pull up to. But wait, there's more! Not only had I pulled up to the wrong gates, they were "Exit Only" gates - even if I had a card to get in it would have done me no good. But wait - here comes the REALLY good part. As I was pulling in, 2 police cars were pulling out. For a brief moment, my drunk ass was face to face with a police car on the other side of the gate which I could not pull into even if I lived there. So what did I do? I put it in reverse and let the 2 cop cars out and quickly pulled in before the gate shut, then I parked and pretended like I meant to pull into that apartment complex until I was sure they were gone - then I drove home to the apartment complex right next door. HAHHAHHAHAHAHAHAHHAAHAHA That was the worst thing I ever did - shall I tell you my other stories about walking the line (field sobriety tests), falling asleep at the wheel, having my rear tires shot out by gang-bangers, or blowing out the 2 driver's side tires after hitting the curb while driving home from a bar? Come to think of it, blowing out 2 tires on the drivers side was probably worse than the incident I described above - I had to rush to make the yellow light and goddammit, 3 lanes just wasn't enough to straighten my car out before I hit the curb. To my credit, I remember doing it! Then again, inadvertently doing a 180 in the middle of a street may have been worse than either of those, but I don't rightly recall that incident for sure, so maybe it never happened at all. I might have dreamed that one - after all, could my Oldsmobuick even do a 180? Bottom line is I only drive sober today and I didn't have to spend a second in jail and I never injured anyone, including myself. All in all, I think it's a pretty good record considering the number of times I've driven wasted off my ass compared to the number of incidents I've had. So now that I've learned my lesson and have seen enough of my friends in jail and I now take cabs and rent hotel rooms if I think I may end up too drunk to drive, do you still think I should be locked up? Frankly, I think the sober driver who runs a red light is MUCH more dangerous than I ever was behind the wheel. |
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