New York Supreme Court Overturns First SAFE ACT Conviction

Good. Best gun related news I've heard all week.

Overturned on a technicality. Not really a significant win. But every win is appreciated.

Good news even if not a direct support of the RKBA. Thanks for the link.

I wonder if double jeopardy would prevent them from re-trying this guy.

In NYS, the Supreme Court is actually a trial court, the first court you go to if you're indicted, there's one in each county. Appeals go to the Appellate Division, appeals from that would then go to the highest court in NY, the Court of Appeals.

So there is possibly a long way to go yet for this case.

I feel like the technicality is an important one for counties that do not enforce the safe act. Means its harder for the state to bypass the county. Does anyone else read this into it or am I off base?

dh1633pm said:

I feel like the technicality is an important one for counties that do not enforce the safe act. Means its harder for the state to bypass the county. Does anyone else read this into it or am I off base?

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That was my initial reaction. But all this means is that the State AG must do a better job of coordinating with the New York State Police to ensure that the Superintendent has requested the AG to intervene in cases where the County Sheriff has declined to act. And, as noted above, there's a long row yet to hoe in this case.

I can't open the newspaper article, it keeps timing out. If someone has read it, could they please let me know what the reason for dismissal of some charges were for? If you're able to copy it, better yet.

Thanks

Something worth mentioning: In NYS, Supreme Court judges are elected by the voters in the county where they preside.

The Chief Judge and the 6 associate judges of the NYS Court of Appeals, the highest court in NY, are appointed by the governor and confirmed by the NYS Senate. Andrew Cuomo appointed every one of the currently sitting judges, they sit for a 14 year term.

The well is somewhat poisoned.

Browning said:

Best gun related news I've heard all week.

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This might be even better with the potential for the case to rewrite (strike down) gun control laws across the country.

(4/29/19) SCOTUS to City of New York: NRSR&PA v NYC Goes Forward - https://www.thehighroad.org/index.p...lated-information.849620/page-5#post-11120863

bds said:

This might be even better with the potential for the case to rewrite (strike down) gun control laws across the country.

(4/29/19) SCOTUS to City of New York: NRSR&PA v NYC Goes Forward - https://www.thehighroad.org/index.p...lated-information.849620/page-5#post-11120863

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Dont hold your breathe on that one..