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New York Supreme Court Overturns First SAFE ACT Conviction

Discussion in 'General Gun Discussions' started by Aim1, Apr 29, 2019.

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  1. Aim1

    Aim1 Member

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  2. Browning

    Browning Member

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    :thumbup:

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

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

    GEM Moderator Staff Member

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

    SSN Vet Member

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    I wonder if double jeopardy would prevent them from re-trying this guy.
     
  6. Speedo66

    Speedo66 Member

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    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.
     
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  7. dh1633pm
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    dh1633pm Contributing Member

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    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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  8. LRDGCO

    LRDGCO member

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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.
     
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  9. Speedo66

    Speedo66 Member

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    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.
     
    Last edited: Apr 30, 2019
  10. LiveLife

    LiveLife Member

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  11. donandmax

    donandmax Member

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