People v. Kollie

WESTCHESTER COUNTY
Criminal Practice

New York Law Journal

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Judge Susan Capeci

Kollie sought to enter the Judicial Diversion Program (JDP) without entering a plea of guilty. He claimed entry of the guilty plea would result in a severe collateral consequence—his deportation. Prosecutors opposed unless Kollie agreed to sign a Trial Stipulation Agreement (TSA) providing he waive all constitutional and statutory speedy trial rights, the right to seek suppression of evidence, the right to a jury trial or object to admission of evidence at trial on any ground other than relevance. They claimed they would be placed at a disadvantage if Kollie entered the JDP without the TSA. The court found Kollie documented he would likely suffer the severe collateral consequence of deportation if required to enter a plea of guilty upon acceptance into the JDP, and considered the relief sought without entering the guilty plea based on exceptional circumstances. Yet, it noted requiring Kollie to sign the TSA would require he waive significant rights without the benefit of a negotiated outcome, thus depriving him of due process. Hence, the court did not require Kollie to enter into the TSA, but ordered him to waive his rights to a speedy trial for the time he was in the JDP as the delay in trial would be caused by his participation in the program.

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