What is the test for a motion to revoke a defendant's right to request a revocation hearing?

"New York", United States of America

The following excerpt is from People ex rel. Walker v. Cleary, 368 N.Y.S.2d 984, 82 Misc.2d 170 (N.Y. Cty. Ct. 1975):

As to the failure of the relator to request a revocation hearing, the speedy trial factors in Barker give way on this point to the governing rule in New York first pronounced in People v. Prosser, 309 N.Y. 353, 130 N.E.2d 891, and restated in People v. Minicone, 28 N.Y.2d 279, 321 N.Y.S.2d 570, 270 N.E.2d 300. 'The obligation is on the prosecutor to move the trial promptly and no demand by the accused is required to actuate this obligation.' (People v. Minicone, 28 N.Y.2d 279, 281, 321 N.Y.S.2d 570, 572, 270 N.E.2d 300, 301)

Other Questions


Does a defendant have a right to exercise their right to plead guilty to a motion of acceptance of responsibility? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Does a revoked parolee have a right to confront and cross-examine adverse witnesses at a revocation hearing? (MultiRegion, United States of America)
Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process? (MultiRegion, United States of America)
What is the test for denying Defendant's request for an evidentiary hearing in a motion for a new trial? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Does the federal court have jurisdiction to hear a motion in a motion brought by defendants in a civil case brought by the Department of Justice against the Attorney General? (MultiRegion, United States of America)
Does a motion to strike effectively dismiss all of plaintiff's claims against defendant defendants constitute an anti-SLAPP motion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.