Question:

Likely outcome of trial? ?

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Woman in New York City charged with Grand Larc 1st & 2nd, (>1 million), falsifying bus. rec., poss. forg. inst. Woman is terminally ill with cancer, over 60 years old.

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  1. If she dies before sentence, the case will be abated by death.  If she is being hospitalized and can't make it to court, the case will be delayed until she can (if that happens) make it to court.  Her attorney can file what is known as a "Clayton Motion" to have the case dismissed in the interest of justice.  Though it sounds crazy, the NY criminal procedure statute (CPL §210.40) allows for dismissal of an otherwise valid case if certain factors have been met to the satisfaction of the court.  Since you have specified few ffacts about the case, you will need to check there yourself to see how/if they apply.  Her record, the facts of the case, the harm to the public and the loss of confidence in the system (should the motion be granted) are just several factors that come to mind.


  2. I would give her a suspended Jail sentence and seize all her assets with a Court Order.

  3. She will either be in the hospital, or in the hospital.  Correctional facilities do have hospitals, but unless you are John Gottie, you are not going to have to die in one.  And even John Gottie got to go to the ER at a local hosiptal at the end.

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