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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 551
Experience:  Attorney and Counselor at Law
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My husband is incarcerated since 2013 in 2014 new charges

Customer Question

My husband is incarcerated since 2013 in 2014 new charges where brought against him for a crime in 2013 he went to trial for the latter crime he was put on the news and newspaper and they falsely accused him of the wrong charges that he was not arrested for in NY they say you have one year for a slander and defation of character but if you are incarcerated during the time of the news slandering your name will the state allow you to sue after a year?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

My name is***** I have been NYS attorney for 26 years. I will help you today. Arenyou saying the false news reports were in 2013?

Expert:  Colleen Grady replied 1 year ago.

Under NY CPLR 215 (8) your husband has more than 1 year to bring an action for libel and slander. His criminal case was going on and the NY law recognizes the burden of conducting a criminal defense and a civil claim at the same time. I will send you this information shortly.

Expert:  Colleen Grady replied 1 year ago.

"CPLR 215 The following actions shall be commenced within one year:

1. an action against a sheriff, coroner or constable, upon a liability incurred by him by doing an act in his official capacity or by omission of an official duty, except the non-payment of money collected upon an execution;

2. an action against an officer for the escape of a prisoner arrested or imprisoned by virtue of a civil mandate;

3. an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law;

4. an action to enforce a penalty or forfeiture created by statute and given wholly or partly to any person who will prosecute;  if the action is not commenced within the year by a private person, it may be commenced on behalf of the state, within three years after the commission of the offense, by the attorney-general or the district attorney of the county where the offense was committed;  and

5. an action upon an arbitration award.

6. An action to recover any overcharge of interest or to enforce a penalty for such overcharge.

7. an action by a tenant pursuant to subdivision three of section two hundred twenty-three-b of the real property law.

8. (a) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, the plaintiff shall have at least one year from the termination of the criminal action as defined in section 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

(b) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, and such criminal action is for rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the first degree as defined in section 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law, the plaintiff shall have at least five years from the termination of the criminal action as defined in section 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

- See more at: http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-215.html#sthash.tPbgvIbu.dpuf"

This law says he has "at least" one year from the termination of the criminal action to bring a libel and slander suit. If he is still in the process of the crimanal actiin ( even if he is appealing) he has.at least one year.

Please let me know if you have any questions. If you are satisfied with my answer, I ask you to rate my service. Good luck.