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>To me, those are all the reasons this law is unconstitutional. New York shouldn't be able to simply write a law that ignores due process in the prosecution of

>To me, those are all the reasons this law is unconstitutional. New York shouldn't be able to simply write a law that ignores due process in the prosecution of some other alleged crime. It seems that this trial is just one of many[0] (in fact, such felony cases under this law aren't uncommon at all and no one has successfully made your argument in appeals of cases where this specific law[1] was applied. Perhaps you could get in touch with one of your former law professors to clarify your reasoning (you are actually a constitutional lawyer, or at least attended law school, right?), as it doesn't seem to comport with the jurisprudence of New York and/or Federal courts. [0] https://www.justsecurity.org/85605/survey-of-past-new-york-felony-prosecutions-for-falsifying-business-records/ https://www.justsecurity.org/85605/survey-of-past-new-york-f... [1] https://www.nysenate.gov/legislation/laws/PEN/175.10 https://www.nysenate.gov/legislation/laws/PEN/175.10

leereeves 2y ago
31 cases in 15 years is hardly proof that "such felony cases under this law aren't uncommon at all". And that document doesn't say whether the second crime was actually charged in any of those cases. It could well be that in those other cases, due process was observed, the other crime was charged, and the objection I raised here did not apply. That was true in the first case discussed in the link, The People of the State of New York v. Josue Aguilar Dubon, AKA Saady Dubon, AKA Alejandro Ortiz. "He and his company, Epic Auto Repair Corporation, were indicted on second-degree Tax Fraud, two counts of third-degree Tax Fraud, and two counts of fourth-degree Tax Fraud." https://www.bronxda.nyc.gov/downloads/pdf/pr/2022/102-2022-Josue-Aguilar-indicted-fraud-bronx-tax-.pdf https://www.bronxda.nyc.gov/downloads/pdf/pr/2022/102-2022-J... I'll let you check the others, if you like.

leereeves 2y ago

31 cases in 15 years is hardly proof that "such felony cases under this law aren't uncommon at all". And that document doesn't say whether the second crime was actually charged in any of those cases. It could well be that in those other cases, due process was observed, the other crime was charged, and the objection I raised here did not apply. That was true in the first case discussed in the link, The People of the State of New York v. Josue Aguilar Dubon, AKA Saady Dubon, AKA Alejandro Ortiz. "He and his company, Epic Auto Repair Corporation, were indicted on second-degree Tax Fraud, two counts of third-degree Tax Fraud, and two counts of fourth-degree Tax Fraud." https://www.bronxda.nyc.gov/downloads/pdf/pr/2022/102-2022-Josue-Aguilar-indicted-fraud-bronx-tax-.pdf https://www.bronxda.nyc.gov/downloads/pdf/pr/2022/102-2022-J... I'll let you check the others, if you like.