Org, fo - A comprehensive on-line digest of New York's criminal code.
If it appears by conceded or uncontradicted allegations of the moving papers or of the answer, or by unquestionable documentary proof, that there are circumstances which require denial thereof pursuant to subdivision two of section 440.10 or subdivision two of section 440.20, the court must.
Such sworn allegations may be based prostitute carla upon personal knowledge of the affiant or upon information and belief, provided that in the latter event the affiant must state the sources of such information and the grounds of such belief.Sexual Abuse I, arson I, compelling, prostitution.Note 2 : In the case of Kidnapping II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if : The offender has no prior convictions for serious offenses and The victim was at least 12 years of age.The court shall further ensure that any property produced pursuant to this paragraph is subject to a protective order, where appropriate.Note 7 : Passed by the Oregon Legislature on April 20, 2006, HB 3511 (known as "Jessica's Law for Oregon provides for a 25 year sentence for sex crimes against a child under 12 and for Kidnapping I in the furtherance of sex crimes against.At any time after the entry of a judgment, the court in which the judgment was entered may, upon motion of the defendant, set aside the sentence upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law.Upon a resentence imposed pursuant to subdivision five, the terms of which are more severe than those of the original sentence, the defendant's time for taking an appeal from the judgment is automatically extended in the manner prescribed in subdivision four of section 450.30.If he does not so waive it and if he is confined in a prison or other institution of this state, the court must cause him to be produced at such hearing.
2252 (certain activities relating to material involving the sexual exploitation of minors) ;.S.C.A.
B Felony sodomy in the first degree 130.522, a Misdemeanor forcible touching 130.53, e Felony persistent sexual abuse 130.552, b Misdemeanor sexual abuse in the third degree 130.60 A Misdemeanor sexual abuse in the second degree 130.65 D Felony sexual abuse in the first degree.
An order setting aside a sentence pursuant to this section does not affect the validity or status of the underlying conviction, and after entering such an order the court must resentence the defendant in accordance with the law.This paragraph shall not apply to a motion under paragraph (i) of subdivision one of this section; or (c) Although sufficient facts appear on the record of the proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review of the ground.The people may file with the court, and in such case must serve a copy thereof upon the defendant or his or her counsel, if any, an answer denying or admitting any or all of the allegations of the motion papers, and may further submit.Consolidated Laws of New York's CPL code.The court shall deny or limit such a request upon a finding that such a request, if granted, would threaten the integrity or chain of custody of property or the integrity of the processes or functions of a laboratory conducting DNA testing, pose a risk.Offender must have been convicted on or after Jan.The list of Ballot Measure 11 offenses currently includes the following: Murder.