Does a properly executed affidavit of service by mail constitute a proper mailing?
"New York", United States of America
The following excerpt is from People v. Lee, 41 N.Y.S.3d 720 (Table) (N.Y. Crim. Ct. 2016):
A properly executed affidavit of service raises a presumption that a proper mailing occurred (Engel v. Lichterman, 62 N.Y.2d 943 [1984] ). While it may be true that Defense counsel still has not received a statement of readiness by mail, her allegation does not rebut the People's affidavit of service by mail.
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