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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I agreed to a plea bargain with right to appeal. I motioned

Customer Question

i agreed to a plea bargain with right to appeal. I motioned to appellate court (NY) for stay of sentence until appeal is determined, by order to The People & trial court to show cause why it should not issue; to be heard July 17, 2015.. It has been 4.5 months, Appellate has not decided motion. Respondents did not answer/appear. What do i do? Am i supposed to file with the court another pleading to compel a decision/order/judgment? a Default? I have been told to habeas into fed court, or to petition for writ prohibition in fed ct... i have no clue... I am stuck on the theory or idea - "i exercise the accuser's burden of proof, to prove standing in the record, provide from the NY constitution the article section clause that you rely upon to sustain this proceeding." I am accused of a violent felony. there is no parties other than state troopers and a sheriff. No complaint or affidavit from private non-government man or woman or child, animal, fish, bug,,,, nothing. It is a possession charge. possessing a side arm hand gun in NY. I did possess a NY pistol license containing 8 other pistol serial numbers. (and NYS Armed Guard license) having this silly little 7 round 9mm Sig i purchased legally in VT from an FFL, is a 15 yr C Violent Felony in NY. I was a dual resident of VT and NY at the time of arrest. NY has a huge list of banned guns, but a Sig Sauer P938 is not on their list.
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  N Cal Atty replied 1 year ago.

Thank you for your question.

Was this an appeal taken under § 450.70:

http://codes.lp.findlaw.com/nycode/CPL/TWO/M/450/450.70 ?