2012 Conference Executive Record Report.pdf - YMCA of Greater ...
2012 Conference Executive Record Report.pdf - YMCA of Greater ...
2012 Conference Executive Record Report.pdf - YMCA of Greater ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Team 15 v 60<br />
RAPHAEL ORTEGA Appellant, v. THE<br />
PEOPLE OF THE STATE OF NEW<br />
YORK, Respondent.<br />
Supreme Court, Appellate Division,<br />
Third Department, New York<br />
March 10, <strong>2012</strong>, Argued<br />
March 10, <strong>2012</strong>, Decided<br />
COUNSEL: Aaron DeLoria and Alex<br />
Ruzbacki, for Appellant.<br />
Ethan DeAbreau and Jeff<br />
Gao, for Respondent.<br />
JUDGES: Dewitt, Domagola, Parakkatu,<br />
Blaszczyk, Furia<br />
OPINION BY: Last<br />
OPINION<br />
We the Appellate court <strong>of</strong> the state <strong>of</strong> New<br />
York find in favor <strong>of</strong> the respondent, the<br />
People <strong>of</strong> the State <strong>of</strong> New York. The issue<br />
in this case was whether or not the judge<br />
abused his discretion in denying a third<br />
adjournment. The respondents adequately<br />
disproved the test in People v. Foy that<br />
states, “to put <strong>of</strong>f trial it must appear that:<br />
(1) that the witness really is material and<br />
appears to the court to be so; (2) that the<br />
party who applies has been guilty <strong>of</strong> no<br />
neglect; (3) that the witness can be had at<br />
the time to which the trial is deferred. “ The<br />
state proved that the Foy test was not<br />
applicable in this case.<br />
First, they successfully proved that<br />
Raimundi was not a material witness due to<br />
the fact that he would not provide a proper<br />
alibi for Raphael Ortega. The state properly<br />
explained that it was simply not possible for<br />
the two minorities to be together the entire<br />
night. Another case law concerning a<br />
material witness is People v. Adair. They<br />
successfully compared the nonmaterial<br />
<strong>of</strong>ficer in question in Adair to Atrion<br />
Raimundi. We therefore find Raimundi was<br />
not material.<br />
With regards to the second prong, the<br />
respondents successfully proved that the<br />
appellants had shown neglect throughout the<br />
trial. They properly expressed the different<br />
possibilities the appellants could have taken<br />
to provide their “material witness.” They<br />
provided examples such as providing a car,<br />
or providing another subpoena for Atrion<br />
Raimundi.<br />
And lastly, the respondents disproved the<br />
third prong by mentioning the errors within<br />
the subpoena. They mentioned the<br />
importance <strong>of</strong> due diligence and gave proper<br />
examples <strong>of</strong> how to improve the actions <strong>of</strong><br />
the appellants.<br />
The respondents also properly disclosed the<br />
second issue <strong>of</strong> whether or not the judge had<br />
shown bias by not granting a third<br />
adjournment. They adequately explained the<br />
issue <strong>of</strong> time. The appellants had over 23<br />
hours, which was found by the respondents<br />
to be plenty <strong>of</strong> time to revise their argument.<br />
They also properly compared this situation<br />
to People v. Singleton, where they only had<br />
17 hours to prepare a new argument. The<br />
respondents properly expressed the logical<br />
reasoning for <strong>of</strong> Judge Murtaugh’s denial <strong>of</strong><br />
a third adjournment by proving how<br />
unprepared the appellants were by not<br />
providing a backup for their argument. We<br />
agree with the original ruling <strong>of</strong> the court<br />
and certify that Raphael’ Ortega’s<br />
conviction came at the conclusion <strong>of</strong> a<br />
properly conducted and fairly run trial.<br />
50