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Peter
What happens if the prosecutor fails to reveal certain information to the defense?
If a prosecutor fails to reveal (after a request for discovery has been submitted) the fact that a complaining witness wishes to drop charges, can a Brady issue be raised?
6 AnswersLaw & Ethics7 years agoIs a complainant ignoring a notice of appearance a cause of action to move to dismiss?
The state is New York, and I am being tried with a misdemeanor and I filed a Notice of Appearance and Demand, stating "PLEASE TAKE NOTICE THAT the Defendant named below hereby appear in this action, and demand that you serve a copy of the complaint and all notices and other papers in this action upon Defendant at the address below", and wrote my address and name, then signed the paper. I then placed it in an unsealed envelope, and gave it to a friend along with an Affidavit of service, he mailed the envelope, got the affidavit notarized, and returned it to me. I then mailed a copy of the Notice/Demand to the court clerk, and in a separate envelope the affidavit of service with a note attached that states "Dear Sir/madam: Please find an affidavit of service in connection with the Notice of Appearance I previously filed. I intend to proceed pro se." I also mailed a copy of the A. of S. to the District Attorney's office.
The district attorney responded to my demand, but gave the document(s) to a public defender that represented me during arraignment. I was not served with a complaint, or given discovery pursuant to CPL 240.20. I am aware of my right to represent myself during a criminal proceeding, granted by the 6th Amendment and applied to New York State by the 14th. Faretta v. California 422 U.S. 806 (1975), syllabus.
The complaining witness in the case has asked the DA to drop the charges, however the DA intends to proceed anyway (offering me a good deal, but I refused). I am almost certain that the complaining witness will not appear in court; this gives me a cause of action to move to dismiss after 90 days (speedy trial), however I do not want to keep going back for hearings every 2 weeks for 90 days.
Is there any way I can move to dismiss based on the fact that my Notice of Appearance was ignored by the prosecution, and I was not promptly served with discovery materials requested? Cite any case law if applicable, please.
4 AnswersLaw & Ethics7 years agoSample Standard Deviation Question?
What is the width of a 95% confidence interval if: mean=7500 hours, sample size=25, standard deviation=500?
And also, if you know about Ho statements, random sample size: 36, abrasive content has to be exactly 15 oz per batch, the sample of 36 random items shows an abrasive content of 15.4 oz. What is the correct hypothesis to test the abrasive content?
1 AnswerMathematics8 years agoHow to calculate standard statistic for confidence interval?
How do I calculate the standard statistic for values:
Sample size = 25
Avg. lifetime = 7500 hours
sample standard deviation 500 hours
for a 98% confidence interval
The choices are A. 2.064 B. 2.485 C. 2.492 D. 1.711 E. 1.708
3 AnswersMathematics8 years agoHP Processor microcode error?
I bought an HP 7600 desktop on eBay and Im getting a weird error message after upgrading the CPU, "Missing or invalid processor microcode update, please contact HP for a new microcode update to support the new processor stepping". The system boots if I push F1, my question is: is it bad for the CPU and/or motherboard to run the machine as-is without a new BIOS update?
2 AnswersOther - Hardware8 years agoWireless bridge acting up, really strange issue?
I set up my network as follows (I do not have a need for different VLANs or to segment/subnet my network as I only have about 10 clients on the network). I have a router/firewall that is assigning IP addresses via DHCP (running ClearOS), to this I have attached a wireless router acting as a switch (just broadcasting SSID with no regard to assigning addresses, it's acting like a "dumb switch" merging the wireless clients right into regular network traffic). On the router (ClearOS) I am running a RADIUS server (I use WPA2 Enterprise for the wireless network). This works fine, except in one situation: I attempted to create a wireless bridge to connect a downstairs printer (ethernet) to the network. The wireless router I used has a "Bridge Repeater Mode", I can see the router perfectly at all times however the printer's reliability is crappy at best. The printer is sometimes accessible from client PCs, but not at all times. I would like to be able to access the printer at all times (I know I can access the router at the times when the printer is malfunctioning). The router is assigned an IP address, as is the printer, and I can ping the router from my machine (the one I wish to print on) but not the printer. I can also ping the printer from the wireless router it is connected to. Anyone have any idea what's going on? Hopefully someone can help me figure it out. Thanks!
1 AnswerComputer Networking9 years agoSaltwater Fish Compatability-20G?
In my 20 gallon tank I currently have 2 clowns (ocellaris, they were babies when I bought them I think they are now a mated pair, they're always together and one is quite a bit bigger) a mandarin dragonet (he's been alive for over a year and he's not skinny, so there must be enough copepods, he doesn't eat frozen food or dried food, but I see him snapping at the live rock all the time). I also have about 3 red-leg hermit crabs as well as 5-10 blue leg crabs and 5 snails as a cleanup crew. I want to add one-two more colorful fish, a few more snails (they keep getting eaten, thank god they're 75 cents a piece near me) maybe a few more inverts, maybe a piece of soft coral/hard coral; anyone have any suggestions? Thanks!
2 AnswersFish9 years agoMy sister accidentally dropped deodorant into my fish tank?
It's speed stick, it was there at least over night I realized that ad removed it. I was wodering why my soft coral polyps weren't opening. My question is will my fish die? I did a 15% wc and changed the carbon in my filter... How else can I remove it? An what effects will it have on my fish
2 AnswersFish10 years agoCan Trazodone cause seizures or panic attacks?
I am prescribed Adderall and have been on it for about 2 months, I have never had a seizure or anything similar to it. I got a new (same dose) prescription for Adderall, along with one for Trazodone (my doctor told me to take half the Adderall dose at 5PM if I had to work a night shift) for sleep. Now, I took Adderall as normal, and had to work a night shift on Friday. I took the Trazodone when I got home, at around 1030PM. My doctor told me to take another a half hour later if I didn't feel tired, and I didn't feel tired so I took the second dose (100mg total). Here's what happened: I don't even know if this is a seizure. As I was pouring the water I felt extremely drowsy and dropped the glass in the sink, and my vision turned white-ish, like I was looking into a bright light, and I saw dots and my hands started trembling, I felt really heavy and fell to the floor and I could not breathe for about 5-10 minutes, I knew this was nothing serious because I'm 19 and in good health and I researched the new drug and it couldn't possibly cause death, so I didn't call 9-11. Then in about what seemed like 1-2 minutes but was actually 15-20 minutes I got up, and felt completely normal and exhausted ready to sleep. My question is: what is this? A seizure or panic attack or something else? And second: can Trazodone cause it?
5 AnswersMental Health10 years agoIs this fish tank overstocked?
I have 2 clowns and 1 green chromi right now, I want to add 2 mandarin dragnets (LFS showed me they accept pellet food) 1 more green chromi a pistol shrimp and watchman goby. The tank is 20 gallons, all the fish are light eaters and I have 20 lbs of live rock and corals.
5 AnswersFish10 years agoIs this enough lighting for coral to grow healthily?
1 blue Actinic LED (1800 lumen output, 420nm wave length, blue colored light), 1 15W fluorescent 10000K light (1000 lumen output), 1 5500K 13W fluorescent bulb (900 lumen), 1 6500K 23W fluorescent 6500K (2000 lumen output). 2 are on top (the actinic and 10k) and 2 are on the sides. I have a kenya tree and a leather coral, both dance around a lot. I plan on getting more, should I upgrade? Or am I fine?
2 AnswersFish10 years agoQuestion about respiration reaction?
Isn't this question invalid? A question on my sisters biology test was as follows: Which element is not used in photosynthesis or respiration? 4 answer choices: oxygen, carbon, nitrogen, hydrogen. Aren't all of them used at some point? If I recall denitrification is a form of respiration done by some microbes. NO3-+2e-+2H -----> NO2- +H2O is the reduction of nitrate to nitride (the cycle can continue until N gas is released, and it is broken down completely) if I remember my bio class some bacteria can do it (excuse misspellings) pseudomonas stutzen, Arigonsia, rhodobauter sphanelis. Someone please confirm or disprove my theory that all are (can be) used.
5 AnswersBiology10 years ago20 gallon saltwater tank stocking help!!?
I was going to do a 55 gallon setup, and got advice from here on stocking, but I decided on a 20 because I had the tank lying around, so I thought I might as well set it up. I was wondering if anyone had any specific fish to stock a 20 gallon saltwater tank with? I have live rock in the tank, I also have the filter running and a power head. It just has to cycle with a hardy fish (or I was thinking about sticking a dead fish in there, letting it cycle with that). The filter is a 75 GPH old Aquaclear filter with a sponge as biomedia, I think this should be plenty as saltwater tanks generally need less mechanical filtration (I've heard because of the liverock/bacterial filtration). I just want a specific list of fish (the maximum possible) and inverts to stock the tank with! Thanks!!
3 AnswersFish10 years agoWhy did they want me to plead guilty to this?
I received 3 tickets, running a stop sign, not carrying an insurance card, having illegally tinted windows. I got the DA down to a parking ticket with no fine by arguing.. I moved to dismiss in the interest of justice (cop wrote a false written statement, wrong month, wrong day, wrong car year, wrong time) it had too many errors to be a minor written error. My question is why would he want me to plead to something with no fine, no points? So I couldn't sue later on (I also had proof the law was arbitrarily enforced, about 99% of people stopped by this cop lived outside the small town I was in, showing an economic favoritism for the people living within the town). I was just wondering what the point of making me plead to that was? Thanks!
1 AnswerLaw & Ethics10 years agoDo I have a case age discrimination?
I was at a store in Long Island NY where the smoking age is 19. I am over 19 I entered the store to buy my cigarettes and I brought my sister with me and the clerk asked her for ID. She is 17. She said she didn't have it with her and the store would not sell it to me because their policy states that if a minor is present, they can sell age restricted products only if a customer is over 40, this is age discrimination. How would I go about reporting said store? What agency? Thank you!
8 AnswersLaw & Ethics10 years agoWhy am I not addicted to Adderall?
I have been prescribed 45mg a day of Adderall to treat adult ADHD, and I woke up late 2 days (worked a lot of OT last week (Thursday and Friday only for 13 hours) and weekend (15 hours of work a day) and did not sleep a lot, I had this week off). I had off starting Monday (memorial day) Tuesday, Weds, and today (Thursday): I did not take my Adderall on Monday, because I slept until 12 PM, and I was just going to relax that day. I just felt excessively tired which may be caused from working too much. When I thought about it, I thought I should try to take that week off (from taking my Adderall), because all I knew about Amphetamines before I was prescribed them was that they were extremely addictive and dangerous. It seems that Monday and Tuesday I just felt a bit irritable, nothing too bad and slept a quite a bit more than I usually do (12 hours). By Weds, I was sleeping 7 hours a night, my usual sleep if I'm not working overtime. I did not crave taking my medication, I had absolutely no withdrawal symptoms (I smoke cigarettes, so boy do I know withdrawal). I was just wondering...why did I not get addicted to it? After a month of smoking, I found myself addicted to cigarettes (quite a while ago) yet after a month (and a bit more, about 5-6 weeks now) of taking Adderall daily, I do not feel withdrawal AT ALL from it? The only side effects I get when it wears off (generally goes away 3-4 hours after it wears off) are slight anxiety and muscle tension and I did not experience those at all now.
3 AnswersMedicine10 years agoBuying a 55 gallon aquarium, want to set up a reef tank?
I am buying a 55 gallon aquarium on Craigslist with a 250W heater hood+lights and a Aquaclear 50 filter. I want to set up a saltwater reef aquarium (I have a decent amount of experience, in one of my tanks I have a 6" Gold Gourami, 5" long marble veil angelfish (about 8-9 inches tall), and a 4" albino angelfish (about 6-7 inches tall) as well as an oto catfish and 2 cory catfish, cardinal tetra and two zebra tetras . I test the water daily (even though I'm a bit overstocked), 0ppm ammonia 0ppm nitrite, 6ppm nitrate, I make up for the overstocked tank by using a Fluval 205 filter as well as a crappy Top Fin 20 gallon filter the tank came with. I also have another tank with 0ppm ammonia, 0ppm nitrite, but 30 ppm nitrate (algae problem), it has a Marineland filter rated for 55gallons on it. I think I have enough experience to move on to saltwater, but I want to start big, my question is will the Aquaclear 50 as well as another Fluval 205 (on sale in P3tsm@rt **not sure about the rule regarding store names on answers** for $60) be enough to filter a 55 gallon reef tank (Fluval is rated for 40, the Aquaclear is rated for 50 though it's probably only good for 25)? And will a 250W heater be enough to heat it? And finally, does anyone have any advice on what to stock a 55 gallon reef tank with, in terms of fish? And species of coral? As colorful and beautiful as possible. What else do I need in terms of equipment or anything (besides salt and live rock, obviously) for a salt water tank?
1 AnswerFish1 decade agoIs this a good defense to a window tint ticket?
I was pulled over for running a stop sign and also got tickets for not carrying an insurance card (I was insured) and having illegal tints in New York State. My defense is as follows (I have case citations in my actual document): The tint law is illegal because it infringes upon the federal government's exclusive right to regulate interstate commerce, (I cannot import a car from Texas, where the tints are legal, because of New York State Law). The tint law further violates substantive due process in that it denies my right to property without a fair trial, it is also arbitrarily enforced (the officer only gave tickets to young drivers, I moved for discovery about past ticket history). Further, the law violates the reasonable right to privacy given in Katz v. United States in that I had my car tinted to avoid property theft within my vehicle: this is my personal expectation to privacy, and society as a whole would agree that it is reasonable to not want to have ones property stolen, and property theft should be deterred as much as possible: it is objectively reasonable. Tints are a way to reduce property theft because the thief cannot see if any items of value are contained within the vehicle. I also will move all three charges in the interest of justice, because the officer perjured himself (supporting depo. gave wrong date, wrong time, wrong year vehicle, but right plates) I have a receipt from 7-11 at the time he said he gave me the ticket, 30 minutes away from where he said he gave it. Tell me if I have a chance of winning, thanks!
8 AnswersLaw & Ethics1 decade agoA police officer lied on a supporting deposion?
I received 3 tickets and the officer said I committed the crimes on may17th I mailed in the request on may 10th got the response in the mail may 20th(about) and received the ticket on April 23rd. The officer obviously covered himself by lying about the date (he probably did not draft one on the actual date). How can I get him charged with perjury?
3 AnswersLaw Enforcement & Police1 decade agoFish bacteria infection?
My last dwarf gourami is dying! He has a bacteria infection I think, he's lethargic gasping for air. He has small red spots on his stoumach. My beta and other dwarf died as well (I do not have a water problem, ammonia 0 nitrates 0 nitrides near 0). I suspect it is bacteria because no other fish are effected. Now, I have a bunch of human antibiotics, can someone provide me with dosage and how often to use etc, and whether these are safe for fish? Thank you! I will be putting him alone in a medical tank. Here's the list: Amoxicillin/Clavulanatate Potassium, Cefadroxil, Cefdinir, Cephalexin. Thank you!
6 AnswersFish1 decade ago