Reston, VA asked in Criminal Law and Libel & Slander for New York

Q: Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?

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3 Lawyer Answers
Samuel C. Breslin
Samuel C. Breslin
Answered
  • Criminal Law Lawyer
  • Albany, NY
  • Licensed in New York

A: Possibly - this depends a lot on the type of lawsuit, as well as the ultimate disposition of the criminal case. If he’s acquitted, it will have little impact on a civil case. Feel free to reach out directly if you have further questions. Thanks!

1 user found this answer helpful

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: As Sam said, it depends on the lawsuit; generally other bad acts are not admissible bc the prejudice outweighs the probative value of the fact.

That said, if the civil suit stems from the criminal conviction, he is liable “per se”. The reason is simple really; if he is guilty “beyond a reasonable doubt” (97-98%) he is automatically guilty of the civil standard of “preponderance of the evidence” (>51%) or even the higher civil standard (for certain torts and affirmative defenses) “clear and convincing evidence” (jury has to be about 75% sure) ...

Hope this helps

Aubrey

9149121555

AG3LAW.com

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: PS

https://www.attorneyandpractice.com/2018crimny

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