Case dismissed for Violating Speedy Trial in NY Criminal Court
New York Criminal Defense Attorneys, Attorneys for Petit Larceny/Criminal Possession of Stolen Property matters, should take note of People v. Mosley, 2021 N.Y. Slip Op 50063 (Crim. Ct. 2021) that dismissed the matter because the prosecutor was not ready within the ninety (90) day time for the prosecution of a misdemeanor in New York State.
The New York City Criminal Defense Attorney moved to dismiss the accusatory instruments, here Petit Larceny, Penal Law § 155.25, Criminal Possession of Stolen Property in the Fifth Degree, Penal Law § 165.40, Attempted Assault in the Third Degree, Penal Law § 110/120.00(1), Menacing in the Third Degree, Penal Law § 120.15, and Harassment in the Second Degree, Penal Law § 240.26(1). The accusatory instruments were allegedly deficient and, therefore, the people were unable to prosecute the accused and, therefore, a New York Criminal Case gets dismissed.
In People v. Mosley, 2021 N.Y. Slip Op 50063 (Crim. Ct. 2021) the court, quite simply, stated the current affairs in the law as it relates to statutory speedy trial rights in New York State:
Pursuant to CPL § 30.30(1), "the applicable speedy trial time is determined based on the highest charge in the accusatory instrument." People v Brito, 61 Misc 3d 1208 (Crim Ct, Kings County 2018). Where the highest charge against a defendant is a class A misdemeanor, as here, the People are required to state their readiness for trial within 90 days of commencing the criminal action. See CPL § 30.30(1)(b). Defendant has the initial burden of demonstrating a delay of more than 90 days. See People v Santos, 68 NY2d 859 (1986). Once a defendant has made that showing, the burden shifts to the People to demonstrate that certain periods within that time should be excluded. Id.
Id. (external quotation marks omitted and internal citations preserved). What changed, however, in the recent years is the prosecutor's requirement to file a certificate of compliance, stating that it did all that its was required to do before announcing its readiness for trial. If a prosecutor is not ready in the time proscribed by law, the criminal defendant should have his case dismissed. If the court does not dismiss the matter automatically, as a matter of course or after a verbal request, a written motion to dismiss the case on speedy trial grounds is necessary.
The change in the law is that "Any statement of trial readiness must be accompanied or preceded by a certification of good faith compliance with the disclosure requirements of section 245.20 of this chapter and the defense shall be afforded an opportunity to be heard on the record as to whether the disclosure requirements have been met." CPL § 30.30(5). Further, "A statement of readiness shall not be valid unless the prosecuting attorney certifies that all counts charged in the accusatory instrument meet the requirements of sections 100.15 and 100.40 of this chapter and those counts not meeting the requirements of sections 100.15 and 100.40 of this chapter have been dismissed." CPL § 30.30(5-a). The criminal defense attorney identifies and argues that this requires dismissal in this case.
The law requires that the People be ready to prosecute the accusation, requiring an appropriate accusatory instrument. Those accused of crimes often do not know this but criminal defense attorneys can waive the right to prosecution by an appropriate accusatory instrument. Here, the issue was a dispositive one. The Court Holding that "The People could not be ready for trial until they had converted all charges of the misdemeanor complaint to an information. See People v Caussade, 162 AD2d 4 (2d Dept 1990); see also CPL § 30.30(5-a)."
Long after ninety (90) days to prosecute the misdemeanors, the People did not file a certificate of compliance. The Criminal Case is Dismissed on Speedy Trial Grounds, here statutory speedy trial encompassed in Criminal Procedure Law Article Thirty.
The case is People v. Mosley, 2021 N.Y. Slip Op 50063 (Crim. Ct. 2021)., and the Court holds that "Accordingly, this Court finds that the People are charged with 107 days and defendant's motion to dismiss pursuant to CPL §§ 30.30 and 170.30(1)(e) is granted."
Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954) 998-2918 (FLA) if you are facing any accusation.
