Epstein Secrets

where the "appearance of fairness and impartiality [was] compromised by the actions of the Justice to whom defendant's application was assigned"); Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415, 421 (1st Dep't 2007) (remanding matter to a different Justice where "a reasonable concern abo

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 H. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo

where the "appearance of fairness and impartiality [was] compromised by the actions of the Justice to whom defendant's application was assigned"); Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415, 421 (1st Dep't 200'7) (remanding matter to a different Justice where "a reasonable concern ab

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo

where the "appearance of fairness and impartiality [was] compromised by the actions of the Justice to whom defendant's application was assigned"); Fresh Del Monte Produce N.V. u. Eastbrook Caribe, 40 A.D.3d 415, 421 (1st Dep't 2007) (remanding matter to a different Justice where "a reasonable concern abo

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo