LOL! Usually-Chesty Chuck Schumer whimpers during press conference about Biden Pardon

[BackAgain]

Sunny Hosten was supposedly a prosecutor, so she’s knowingly lying all the time.. but we all knew that

Also, I’m only talking about NY law. Some commentators (even some with law degrees and bar admissions) aren’t terribly familiar with NY laws and procedures and rules.

 

[80zephyr]

He has been convicted. A jury has pronounced him guilty. He hasn't been sentenced yet. To be sentenced, one has to have been been convicted.

This alternate view of reality is Trumpism at it's finest.

your pathetic attempts at wordsmithing is -- well, pathetic

Do I believe you or this article? https://www.cnbc.com/2024/05/30/tru...jgMJz9QOKODmvmC0gw_aem__GSJB2-7e5c1jqAm0cGHWA

 

[BackAgain]

technically: Sentencing is "the court proceeding where the judge determines the appropriate punishment for the defendant based on the guilty verdict."

But we all know Trump is a convicted felon awaiting sentencing.

Nobody “knows” any such thing. Ignorant dolts like you just mistakenly believe it.

If you don’t yet have a right to appeal a jury determination of guilt, then you are not yet convicted. Until a defendant is sentenced, and the court enters judgment of conviction and sentence, that defendant does not yet have a right to appeal. Technically, until it happens, there is simply no conviction TO appeal.

Your ongoing flustering blustering ignorance is duly noted, however.

 

[Dante]

Also, I’m only talking about NY law. Some commentators (even some with law degrees and bar admissions) aren’t terribly familiar with NY laws and procedures and rules.

A Law Group terribly familiar with NY State Law

What Happens After a Criminal Conviction in New York State?​

The criminal justice system in New York State has a multi-step process that unfolds after a criminal conviction. From sentencing to appeals, probation, and parole, the aftermath of a criminal conviction can have significant legal and practical implications for the convicted individual. In this blog post, we will explore what happens after a criminal conviction in New York State, highlighting the key steps in the process.

Sentencing​

Once a defendant has been convicted of a crime in New York State, the next step is sentencing. Sentencing is the process where the judge determines the appropriate punishment for the convicted individual. The judge considers various factors, such as the nature and severity of the crime, the defendant’s criminal history, and any applicable sentencing guidelines. Sentences can include fines, restitution, community service, probation, jail time, or imprisonment, depending on the offense and the circumstances.

Appeals​

After sentencing, the convicted individual has the right to appeal their conviction and/or sentence. Appeals are a legal process in which a higher court reviews the decisions made by the lower court to determine if there were any errors of law or procedural irregularities that may have affected the outcome of the case. The appellate court can affirm the conviction and sentence, modify it, or order a new trial. It’s important to note that the appeals process can be complex and time-consuming, and it requires the assistance of an experienced appellate attorney.

 

[Dante]

Do I believe you or this article? https://www.cnbc.com/2024/05/30/tru...jgMJz9QOKODmvmC0gw_aem__GSJB2-7e5c1jqAm0cGHWA

Kevin Breuninger​

Politics Reporter
Kevin Breuninger covers national politics for CNBC.com, with a focus on Donald Trump, legal news and breaking political news. He joined the newsroom as an intern in 2017 while enrolled at the CUNY Graduate School of Journalism.

His own words "Politically, the unprecedented criminal conviction of a former U.S. president — and presumptive major-party presidential nominee — plunges the nation into uncharted waters..." from the article you linked to

vs

A Law Group terribly familiar with NY State Law

What Happens After a Criminal Conviction in New York State?​

Sentencing​

Once a defendant has been convicted of a crime in New York State, the next step is sentencing. Sentencing is the process where the judge determines the appropriate punishment for the convicted individual. The judge considers various factors, such as the nature and severity of the crime, the defendant’s criminal history, and any applicable sentencing guidelines. Sentences can include fines, restitution, community service, probation, jail time, or imprisonment, depending on the offense and the circumstances.

 

[BackAgain]

A Law Group terribly familiar with NY State Law

What Happens After a Criminal Conviction in New York State?​

The criminal justice system in New York State has a multi-step process that unfolds after a criminal conviction. From sentencing to appeals, probation, and parole, the aftermath of a criminal conviction can have significant legal and practical implications for the convicted individual. In this blog post, we will explore what happens after a criminal conviction in New York State, highlighting the key steps in the process.

Sentencing​

Once a defendant has been convicted of a crime in New York State, the next step is sentencing. Sentencing is the process where the judge determines the appropriate punishment for the convicted individual. The judge considers various factors, such as the nature and severity of the crime, the defendant’s criminal history, and any applicable sentencing guidelines. Sentences can include fines, restitution, community service, probation, jail time, or imprisonment, depending on the offense and the circumstances.

Appeals​

After sentencing, the convicted individual has the right to appeal their conviction and/or sentence. Appeals are a legal process in which a higher court reviews the decisions made by the lower court to determine if there were any errors of law or procedural irregularities that may have affected the outcome of the case. The appellate court can affirm the conviction and sentence, modify it, or order a new trial. It’s important to note that the appeals process can be complex and time-consuming, and it requires the assistance of an experienced appellate attorney.

Yep. AFTER sentencing.
Because after sentence is imposed, both the conviction and sentence get entered as a court judgment. Until that time, no right to appeal because there is not then (yet) any conviction to appeal.

Even as the dainty tries (futilely) to argue a topic on which he is clearly ignorant, he inadvertently helps underscore that I’m right and the dainty is clearly wrong. Again.

 

[Dante]

§ 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.

2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.

2023 New York Laws :: CPL - Criminal Procedure :: Part 2 - The Principal Proceedings :: Title L - Sentence :: Article 380 - Sentencing in General :: 380.30 - Time for Pronouncing Sentence.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

THE CONVICTION COMES BEFORE THE SENTENCING

 

[Dante]

Yep. AFTER sentencing.
Because after sentence is imposed, both the conviction and sentence get entered as a court judgment. Until that time, no right to appeal because there is not then (yet) any conviction to appeal.

Even as the dainty tries (futilely) to argue a topic on which he is clearly ignorant, he inadvertently helps underscore that I’m right and the dainty is clearly wrong. Again.

"Once a defendant has been convicted of a crime in New York State, the next step is sentencing."

and...

§ 380.30 Time for pronouncing sentence.


see above post #53

then go away

 

[Dante]

Turn in your shithouse lawyer license or just return to the basement of your office.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

read the law

"Upon entering a conviction the court must..." Fix a date for pronouncing sentence

 

[struth]

Guilty: Trump becomes first former US president convicted of felony crimes

The verdict is a stunning legal reckoning for Trump and exposes him to potential prison time.

apnews.com

Trump Convicted on All Counts to Become America’s First Felon President

A Manhattan jury found that he had falsified business records to conceal a sex scandal that could have hindered his 2016 campaign for the White House.

www.nytimes.com

Trump guilty in "hush money" trial as jury hands down verdict on felony charges

Former President Donald Trump was found guilty on all counts in his "hush money" trial in New York, becoming the first former president to be convicted of a crime.

www.cbsnews.com

‘Guilty,’ and History Is Made

A single word rings out in a Manhattan courtroom as Donald Trump becomes the first American president convicted of a crime.

www.nytimes.com

DA Bragg praises verdict after Trump is found guilty on all counts in NY trial

A jury on Thursday found former President Donald Trump guilty on all charges brought against him by Manhattan District Attorney Alvin Bragg.

www.foxnews.com

Thanks for reminding us, of America's Mandela.

Meanwhile, the demafacsit in Xiden's admin are tossing out blanket pardons to everyone they can.....

 

[Dante]

A jury of US citizens in New York: former President Donald J. Trump guilty of 34 counts of falsifying business records in the first degree.

"Falsifying business records in the first degree is a class E felony." - NY state
The Law: § 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.

2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.

* 2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Issue an order deferring sentencing in accordance with the
provisions of subdivision three of this section; or

(d) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.
* NB Expired March 31, 1994
* 3. Deferral of sentencing. The court may defer sentencing of any offender convicted of a class C, D, or E felony offense under articles
two hundred twenty and two hundred twenty-one of the penal law or any class D or E felony offense under articles one hundred fifteen, one hundred forty, one hundred forty-five, one hundred fifty-five, one hundred sixty-five, one hundred seventy and one hundred ninety of the penal law, to a specified date no later than twelve months from the entering of a conviction if:

---

NY City Bar Association -- Experienced at practicing law in NY (unlike Liability Ilar BackAgain)

Are you convicted before sentencing in New York?


If you are found guilty, you have been convicted and must be sentenced.

 

[Dante]

He has not been convicted. Being found guilty is not the conviction. Having that determination Entered together with the sentence is when a guilty verdict becomes a “conviction.”

I excuse your ignorance. You are a very slow student.

There is doubt that he ever will have any judgment entered against him.

It’s possible. But it’s not a certainty.



Nope. To be convicted, the judge must first impose a sentence and then an ENTRY OF JUDGMENT can be filed. This is the moment when a defendant is “convicted.”


Your denial of reality is just your usual libtardation.

Your ignorance remains a given.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

 

[BackAgain]

"Once a defendant has been convicted of a crime in New York State, the next step is sentencing."

and...

§ 380.30 Time for pronouncing sentence.


see above post #53

then go away

You persist in demonstrating your ignorance and wallowing in it.

After a jury finds a defendant guilty, the next step is usually sentencing.

But that defendant can’t appeal until the sentence is handed down and then the court files the entry of of judgment.

It is a judgment of the court to accept the jury verdict (thus making it a conviction). The package of both the judgement of conviction and the associated sentence may then (at last) be appealed.

 

[Dante]

You persist in demonstrating your ignorance and wallowing in it.

After a jury finds a defendant guilty, the next step is usually sentencing.

But that defendant can’t appeal until the sentence is handed down and then the court files the entry of of judgment.

It is a judgment of the court to accept the jury verdict (thus making it a conviction). The package of both the judgement of conviction and the associated sentence may then (at last) be appealed.

I listed and linked to the law itself.

Your bloviating opinion(s) are in trouble when this is done.

Dear Liability/Ilar/BackAgain I listed and linked to the law itself.

 

[BackAgain]

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

Things the dainty missed include:

(c) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.

Your link with a bit of emphasis to educate you, the dainty.

Also:

3. Sentence on date of conviction. The court may sentence the
defendant at the time the conviction is entered if:

Id.

 

[BackAgain]

I listed and linked to the law itself.

Your bloviating opinion(s) are in trouble when this is done.

But apparently you didn’t read the law or you cannot understand it.

You’re always in trouble in that way. Because, let’s get real: you’re terribly stupid.

 

[Dante]

Things the dainty missed include:


Your link with a bit of emphasis to educate you, the dainty.

Also:


Id.

You've obviously missed what that is speaking to. I laid it all out for you Dopey:

In post #58


"* 3. Deferral of sentencing. The court may defer sentencing of any offender convicted of a class C, D, or E felony"


So...
Trump was found guilty/convicted of class E felonies.

I suggest people go back to Post # 53 and read from there

 

[Dante]

But apparently you read the law or you cannot understand it.

You’re always in trouble in that way. Because, let’s get real: you’re terribly stupid.

You are always taking pieces of things out of context to back up inane opinions you hold dear.

I posted the law -- you post things sans context

Last Lesson before School Vacation:

2023 New York Laws :: CPL - Criminal Procedure :: Part 2 - The Principal Proceedings :: Title L - Sentence :: Article 380 - Sentencing in General :: 380.30 - Time for Pronouncing Sentence.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

§ 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.

2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.

--- Trump was found guilty/convicted of Class E felonies:

* 3. Deferral of sentencing. The court may defer sentencing of any
offender convicted of a class C, D, or E felony offense under articles
two hundred twenty and two hundred twenty-one of the penal law or any
class D or E felony offense under articles one hundred fifteen, one
hundred forty, one hundred forty-five, one hundred fifty-five, one
hundred sixty-five, one hundred seventy and one hundred ninety of the
penal law, to a specified date no later than twelve months from the
entering of a conviction if:

(a) The defendant stands convicted of his or her first felony offense;
and

(b) Pursuant to a plea agreement or the recommendation contained in
the pre-sentence report the judge is inclined to impose an indeterminate
term of imprisonment; and

(c) The court believes that prompt institutional confinement is not
necessary to preserve the safety and security of society, that the
individual may benefit from the rehabilitative opportunities presented
by the deferral of sentencing, that absent such a rehabilitative
opportunity there is a likelihood that the court would impose an
indeterminate sentence of imprisonment, and that upon satisfactory
completion of the period of deferral the court would be more likely to
impose a sentence other than an indeterminate sentence of imprisonment
under article seventy of the penal law.

In conjunction with a deferral of sentencing the court may require
that the defendant observe specified conditions of conduct and
participate in such rehabilitative programs as the court deems
appropriate. Upon application of the people made at any time during the
period of sentence deferral, or where the court believes that the
defendant may have violated the terms or conditions of the deferral
order, and the court determines that such a violation occurred, the
court may terminate the deferral order and set a date for sentencing.

Nothing contained in this subdivision shall limit the sentencing
options which were available to the court prior to the issuance of an
order pursuant to paragraph (c) of subdivision two of this section.

 

[Modern Messiah]

Hunter Pardoned & Trump is still a Convicted Felon and a Proven Sexual Predator

Na, na, na, na, na, na...

Biden had been indicted with three felony charges– one tax evasion count and two counts of filing false returns – and six misdemeanor charges.

Robert Hunter Biden Convicted on Three Felony Tax Offenses and Six Misdemeanor Tax Offenses


Over a five-month span, former President Donald Trump was charged in four criminal cases. Together, the indictments accused him of wide-ranging criminal conduct before, during and after his presidency. One of those indictments has now led to the first criminal conviction of a former president; the other three remain pending. This is POLITICO’s guide to the four Trump criminal cases.

Hunter Pardoned & Trump is still a Convicted Felon and a Proven Sexual Predator

Na, na, na, na, na, na...

Hunter Pardoned & Trump is still a Convicted Felon and a Proven Sexual Predator

Na, na, na, na, na, na...

Tracking the Trump criminal cases: Latest on legal charges and key players

A definitive guide to the key players and legal risks in the four criminal probes of the former president.

www.politico.com

312>226
Na, na, na, na, na, na

 

[BackAgain]

You are always taking pieces of things out of context to back up inane opinions you hold dear.

I posted the law -- you post things sans context

Last Lesson before School Vacation:

2023 New York Laws :: CPL - Criminal Procedure :: Part 2 - The Principal Proceedings :: Title L - Sentence :: Article 380 - Sentencing in General :: 380.30 - Time for Pronouncing Sentence.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

§ 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.

2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.

--- Trump was found guilty/convicted of Class E felonies:

* 3. Deferral of sentencing. The court may defer sentencing of any
offender convicted of a class C, D, or E felony offense under articles
two hundred twenty and two hundred twenty-one of the penal law or any
class D or E felony offense under articles one hundred fifteen, one
hundred forty, one hundred forty-five, one hundred fifty-five, one
hundred sixty-five, one hundred seventy and one hundred ninety of the
penal law, to a specified date no later than twelve months from the
entering of a conviction if:

(a) The defendant stands convicted of his or her first felony offense;
and

(b) Pursuant to a plea agreement or the recommendation contained in
the pre-sentence report the judge is inclined to impose an indeterminate
term of imprisonment; and

(c) The court believes that prompt institutional confinement is not
necessary to preserve the safety and security of society, that the
individual may benefit from the rehabilitative opportunities presented
by the deferral of sentencing, that absent such a rehabilitative
opportunity there is a likelihood that the court would impose an
indeterminate sentence of imprisonment, and that upon satisfactory
completion of the period of deferral the court would be more likely to
impose a sentence other than an indeterminate sentence of imprisonment
under article seventy of the penal law.

In conjunction with a deferral of sentencing the court may require
that the defendant observe specified conditions of conduct and
participate in such rehabilitative programs as the court deems
appropriate. Upon application of the people made at any time during the
period of sentence deferral, or where the court believes that the
defendant may have violated the terms or conditions of the deferral
order, and the court determines that such a violation occurred, the
court may terminate the deferral order and set a date for sentencing.

Nothing contained in this subdivision shall limit the sentencing
options which were available to the court prior to the issuance of an
order pursuant to paragraph (c) of subdivision two of this section.

No no, the dainty. I am reading the law and trying hard to explain it to you in a way that even a dipshit such as you might be able to grasp.

The fact that you can’t or won’t is entirely on you.

Now, read my prior post and try to grasp the most highlighted portions of what I quoted.