poor privilege in New York

2002While the Court of Appeals insisted that it did not intend a full definition of what constitutes a sound basic education, it explained the concept generally as consisting of “the basic literacy, calculating, and verbal skills necessary to enable children to eventually function productively as civic participants capable of voting and serving on a jury” (see, Campaign for Fiscal Equity, 86 NY2d 307, 316 , supra).

1968Foreshadowing application of Griffin principles to auxiliary expenses in civil cases is the dissent to denial of certiorari by Mr. Justice Douglas, joined by the Chief Justice (Mr. Justice Brennan also dissenting) in Williams v. Shaffer ( 385 U. S. 1037, 1039-1040 ): “ This case * * * vividly demonstrates the disparity between the access of the affluent to the judicial machinery and that of the poor in violation of the Equal Protection Clause. * * * “ The effect of the security statute is to grant an affluent tenant a hearing and to deny an indigent tenant a hearing.

1961When the plea was annulled it ceased to be evidence. * * * As a practical matter, it could not be received in evidence without putting petitioner in a dilemma utterly inconsistent with the determination of the court awarding him a trial. * * * £ The withdrawal of a plea of guilty is a poor privilege, if, notwithstanding its withdrawal, it may be used in evidence under the plea of not guilty.’ ” This cogent reasoning soon had its effect not only in the Federal courts (which were bound by Kercheval, supra) but in State court holdings.

1961Faced with a choice between the conflicting rules of Steinmetg (supra) and Kercheval , high State courts from State v. Anderson ( 173 Minn. 293 [1927]) down to State v. Thomson ( 203 Ore. 1 [1954]) and State v. Joyner ( 228 La. 927 [1955]) have held that the admission in evidence of a stricken plea of guilty is reversible error.

1961Faced with a choice between the conflicting rules of Steinmetg (supra) and Kercheval , high State courts from State v. Anderson ( 173 Minn. 293 [1927]) down to State v. Thomson ( 203 Ore. 1 [1954]) and State v. Joyner ( 228 La. 927 [1955]) have held that the admission in evidence of a stricken plea of guilty is reversible error.

1961Faced with a choice between the conflicting rules of Steinmetg (supra) and Kercheval , high State courts from State v. Anderson ( 173 Minn. 293 [1927]) down to State v. Thomson ( 203 Ore. 1 [1954]) and State v. Joyner ( 228 La. 927 [1955]) have held that the admission in evidence of a stricken plea of guilty is reversible error.

1943A decision was recently handed down by Justice Lytle in this judicial district, in Butera v. Donner ( 177 Misc. 966 [1942]), in which a motion was denied to amend an answer containing an allegation that plaintiff had assigned to an insurance corporation a claim for property damage.

1939In Matter of Burt ( 148 Misc. 606 ) it was said that “ the word ' principal ’ in the statutory language, 1 principal of the estate or fund accounted for ’ means principal which the accountants have received and for which they are legally accountable.” In the examination of older cases (Matter of Blakeney, 1 Con.