2020 NY: Speedy Trial Violation Results in Dismissal
New York Criminal Defendants have Constitutional and Statutory Speedy Trial Rights. People v. Gillson, 2020 N.Y. Slip Op 51171 (Crim. Ct. 2020) highlights one of the earlier cases where lawmakers made clear that a violation of New York Speedy Trial Rights, by statute, means dismissal of the criminal matter. Though the law was recently amended (2022), and will likely be amended again in the future, this case is an example where the delay of more than ninety (90) days on a misd
Criminal Case dismissed - Lack of Discovery Due Diligence
New York Criminal Defense Attorneys now get automatic discovery. The New York Criminal Procedure Law requires the prosecutor to turn over certain evidence under CPL Article 245 and this case highlights that the failure to do so results in the criminal case dismissal. Here, "The Court acknowledges that the prosecutor made some efforts to obtain the text messages; however, these efforts were not made until after two certificates of discovery compliance had already been filed."
FOIL Attorney's Fees Awarded to Legal Aid
Freedom of Information Law (FOIL) attorneys know that an award of attorney's fees can be awarded in instances defined under the Public Officers Law, Section 89. Here, Bobby Quackenbush represented Legal Aid in this FOIL litigation for which he seeks, among other things, an award of reasonable attorney's fees under FOIL. The Attorney's Fee award in FOIL is usually the only meaningful deterrent available under FOIL. What typically happens in such FOIL cases, the agency that vio
