Suffolk, NY Harassment Dismissed; Arrest without Authority

This New York, Long Island Criminal Matter brings things close to home: Northport, New York. Village Courts are rife throughout the State of New York and hear everything from harassment matters to driving while intoxicated cases, DWI/DWAI.

Here, the "defendant was arrested on September 18, 2020 pursuant to [The Northport Village Court's] arrest warrant issued on August 14, 2020; [however it is] undisputed that the defendant was arrested at 151-20 Baisley Boulevard, located in Queens County, New York." Often times these arrest warrants, evidence production and even police misconduct go unchallenged. Here, the Suffolk County Criminal Defense attorney challenges it, successfully.

The issue is as follows:

The instant motion brings attention to the issue of geography and its limitation of police authority to arrest an individual once a criminal proceeding has been commenced. lodged against him on the ground that he was arrested without authority and in violation of Criminal Procedure Law (CPL) §§ 120.70 and 120.90. The defendant also contends that dismissal is warranted because the accusatory instrument is insufficient on its face.

Defense counsel moves for dismissal of the charges, and it is granted. Good Job Pierre and the Cassar Firm: "dismissing the misdemeanor charge of Aggravated Harassment in the Second Degree (Penal Law § 240.30 [1] [a])." The law is as follows:

The authority to execute a warrant of arrest issued by a city, town or village court is specified in CPL § 120.70 (2). The arrest warrant may be executed "(a) in the county of issuance or in any adjoining county; or (b) [a]nywhere else in the state upon the written endorsement thereon of a local criminal court of the county in which the arrest is to be made. When so endorsed, the warrant is deemed the process of the endorsing court as well as that of the issuing court."

This statutory provision requiring the endorsement of an arrest warrant applies where the underlying basis for its issuance is the commencement of a criminal action against an accused by the filing of an accusatory instrument, with the purpose of bringing the accused before the court for arraignment upon that accusatory instrument (CPL §§ 1.20 [28], 120.10 [1]). This limitation on the execution of arrest warrants issued by city, town or village courts is found in the Constitution of the State of New York, Article 6, § 1(c).

The Suffolk County, Village of Northport Court, finds that "there is no evidence that the arresting officers obtained a written endorsement of this Court's warrant by a local criminal court in Queens County." Accordingly, defendant's arrest was not authorized because it was effected in violation of CPL § 120.70 (2). Jurisdiction, authority and the ability for a court to hear a harassment, or any New York Criminal Case, is vital in order to prosecute a case yet, all too often is the case, is that most New York Criminal Defense Attorneys simply do not challenge these things. It is important to hire a criminal defense attorney that does more than simply show up and plea bargain.

The Defendant notes and the Court agrees that "[t]here is also no evidence that the arresting officers informed the defendant that he had a right to appear before a local criminal court in Queens County; therefore, there was no compliance with CPL § 120.90 (3)." The Court, not that it has to, "takes judicial notice of the fact that Queens County, New York does not adjoin Suffolk County, New York. " See US v. Perea-Rey, 680 F.3d 1179 (9th Cir. 2012) (citing Fed.R.Evid. 201(b)); Cloe v. City of Indianapolis, 712 F.3d 1171 (7th Cir. 2013) (same); US v. Bari, 599 F.3d 176 (2d Cir. 2010). The Harassment Charge is dismissed, the case is over for the accused.

The Case is People v. Catapano, 2020 N.Y. Slip Op 20305 (Northport Vill. Just. Ct. 2020); 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).