People v. Parker

DUTCHESS COUNTY
Criminal Practice

New York Law Journal

   |0 Comments

Town Justice David Steinberg

Parker was charged with conspiracy in the fourth degree. Defense counsel waived the case to the grand jury on June 11, 2012. Prosecutors sought to reduce the charge on Dec. 11, 2012, and formally noted they were ready for trial, in a letter to the court. There was no indication the reduction or statement of readiness were served on defense counsel. The court arraigned Parker on the reduced charge on Dec. 20, 2012, and he moved to dismiss the complaint on statutory speedy trial grounds. It opined if prosecutors made a timely and effective statement of readiness, such statement required a communication on the record to the court and defense counsel. The court found the statement, communicated in an ex parte manner on Dec. 11, 2012, was invalid. Also, the factual allegations in the complaint were entirely hearsay, and no supporting deposition was filed with the court, hence the misdemeanor complaint was not a trial ready instrument on which prosecutors could state ready for trial. Further, the filing of the statement one day before expiration of the speedy trial period created the impossibility of arraigning Parker within the statutory period, which was solely attributable to the prosecution. Thus, dismissal was granted.

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article# 1202590553033

Thank you!

This article's comments will be reviewed.