Wk 2 Ch2 Assignment

Wk 2 Ch2 Assignment - Exercise ONE: The People & C.,...

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Exercise ONE: 2007 NY Slip Op 03791 , Decided on May 3, 2007 No.50 The issue on appeal is whether Supreme Court properly denied defendant's motion for a Mapp/Dunaway hearing on the ground that defendant failed to present sufficient information to obtain a hearing where defendant denied acting as the principal or accomplice, raised a question of fact regarding the timing of his arrest and challenged the reliability of the alleged witness. Based on defendant's factual allegations, it was error to deny the hearing. We therefore reverse the order of the Appellate Division and remit the matter to Supreme Court for further proceedings. Exercise TWO: Discovery in my point of view is a case that is not even started yet. It is just in the beginning stage. People are still looking for more evidence and witnesses. All these cases are often being settled before it really gets to the trail.
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