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To: Enterprise

So the potential issue not addressed by this article is the Covid statute of limitations toll by Governor Cuomo. If applicable, this would bring at least some of the later 2017 transactions within the SOL window. Cuomo’s executive order on the SOL has been upheld by appellate courts in civil cases at least twice. However, I do not know if there have been any cases testing its applicability to criminal cases, where more stringent due process considerations are in play.


8 posted on 04/10/2023 9:15:45 AM PDT by CraigEsq
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To: CraigEsq
" However, I do not know if there have been any cases testing its applicability to criminal cases, where more stringent due process considerations are in play."

I would take the side that the Constitution would come in to play with the defendant having the right to a speedy trial unless the defendant waives that right. The Governor cannot waive that right for him. Your post is highly interesting, and I wonder if they will try to bring Coumo's XO up regarding a criminal trial. If they do though, they will then have to show instances where this happened. In crime ridden New York where the criminals are beloved, it might be the case that the New York DA would NOT rely on the XO so as to deliberately run out the clock on New York's privileged felons.

12 posted on 04/10/2023 9:24:14 AM PDT by Enterprise
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To: CraigEsq

that is an ipso facto change and wouldn’t affect the past.


13 posted on 04/10/2023 9:25:48 AM PDT by TexasFreeper2009
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To: CraigEsq
"So the potential issue not addressed by this article is the Covid statute of limitations toll by Governor Cuomo"

Since the State Legislature is the body of government that makes the laws, how does a Governor get to change the time on a statute of limitations without approval of the New York State Assembly and Senate? These assholes were dumping convicted felons out of State prisons during Covid, and didn't require any of them to return to prison to complete their court-mandated sentences.

30 posted on 04/10/2023 10:25:58 AM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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