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Brooklyn DA explains limited appeal options in criminal court
6:38:02
ยท
56 sec
Brooklyn District Attorney Eric Gonzalez explains the limited options for appealing case dismissals in criminal court, revealing significant constraints on the prosecution's ability to challenge dismissals.
- Appeals in local criminal courts are limited to three per year
- These limited appeals are typically used for challenging legal rulings that may impact legal precedent, not individual case facts
- The explanation highlights the difficulty in overturning dismissals, even when they may seem unjust or based on technicalities
Eric Gonzalez
6:38:02
We have very limited ways on a strict legal ruling.
6:38:07
If it's a legal ruling, we have a way of going to court.
6:38:12
But typically, and I know this may sound weird, but in criminal court, the local criminal courts, we're limited to and I think this is just from my experience you're limited to three appeals a year.
Robert F. Holden
6:38:25
Oh, so you get a number?
6:38:26
You get a Oh, you have to use it wisely.
Eric Gonzalez
6:38:28
Right.
6:38:29
In criminal court, you can't you know, in Supreme Court, obviously, the rules are different.
Robert F. Holden
6:38:33
So just like a challenge in baseball, you only get, you know, if you get three challenges A year.
6:38:39
A year or a game.
6:38:40
So that seems ridiculous.
Eric Gonzalez
6:38:42
So what you wind up challenging is not any factual individual case.
6:38:47
Typically, it's a ruling that may impact the legal precedent.
Robert F. Holden
6:38:51
Thank you.
6:38:52
Thank you, chair.
Yusef Salaam
6:38:56
Now I'll hear from Councilman Stevens.