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  1. #1
    Join Date
    Jun 2019
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    8

    Default Multiple Probable Cause Hearings

    My question involves criminal law for the state of: NY

    AGG DWI Mapp/Huntley hearing was heard by judge #1 he retired never made decision judge #2 made decision trial was set then judge #2 removes himself because he made decision without hearing defendant's testimony hands case down to judge # 3 to hear testimony does defendant have to take stand and is this the right protocol??

  2. #2
    Join Date
    Oct 2016
    Posts
    3,297

    Default Re: Multiple Probable Cause Hearings

    No defendant can be required to testify.

  3. #3
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Multiple Probable Cause Hearings

    A Huntley hearing deals with suppressing statements to police. If the issue is the voluntariness, a defendant generally should testify that he didn't give the statement of his own free will.....as a general proposition, nothing else should be addressed during the defendant's testimony.

  4. #4
    Join Date
    Jun 2019
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    8

    Default Re: Multiple Probable Cause Hearings

    First decision statements after miranda were surpress, not bac or sobiety tests ,she already testified in front of 1st judge who retired with out making decision 2nd judge rendered decision and removed himself and passed to 3rd judge, how many PC hearings can the court allow she already was on stand with judge #1

  5. #5
    Join Date
    Jun 2017
    Location
    California
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    423

    Default Re: Multiple Probable Cause Hearings

    Judge 2 undid his decision because he didn't HEAR or SEE the testimony and just went off the transcript of the hearing. If she wants to risk losing, then she can decline to testify but she isn't giving the judge an opportunity to judge her credibility through in-person observation.

  6. #6
    Join Date
    Jun 2019
    Posts
    8

    Default Re: Multiple Probable Cause Hearings

    Why would he signed decision in the first place
    So prosecutor can ask different questions? When she already answered questions,,so more can be surpressed or nothing can be ,,,, this incident was in a parked car and didnot have access to keys

    By him reconsidering could that mean it could be in her favor

  7. #7
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Multiple Probable Cause Hearings

    She should ask her lawyer. I'd bet that the prosecutor objected, which they had every right to do since Judge 2 wasn't who heard the testimony. I'm sure her attorney would've objected if the situation was reversed. A trial and motion judge who doesn't hear the testimony has no business rendering a decision unless both sides agree that he/she can, which would be a bad idea. The whole thing is back to square one and there's going to be a new hearing. The cop's going to testify and you can be he/she will fill in whatever blanks they missed at the first one. Right now, nothing is suppressed.

  8. #8
    Join Date
    Jun 2019
    Posts
    8

    Default Re: Multiple Probable Cause Hearings

    This seems like this has been bounced around and the 1st judge should have made decision and they dont want anything suppressed (prosecutor) is there anything wrong with the 1st judge not making decision when there was time for the court to do so

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