Legal Question in Criminal Law in New York
After a person file a 440.20 motion how long does the DA have to answer it
Asked on 5/18/12, 6:58 am
1 Answer from Attorneys
Emile Barton
Law Offices of Emile J. Barton
A defendant who files a notice and motion to set aside a sentence, must serve a copy upon the prosecuting attorney, and select a time and place for the motion to heard. Afterwhich, the prosecuting attorney will have 7 days from such time in which answering affidavits and any cross-motion(s), with supporting papers, if any, shall be served.
Answered on 5/18/12, 9:34 am
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