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670 N.Y.S.2d 299, 175 Misc.2d 277 N.Y.A.D. 2 Dept. 1997, 1998 N.Y. Slip Op. 98101
Supreme Court, Appellate Term, New York, Second Department.
The PEOPLE of the State of New York, Respondent, v. William R. PLAZA, Appellant. Oct. 1, 1997. Background: Defendant was convicted before the Justice Court of the Town of Chester, Orange County, Klein, J., of driving while impaired, failure to keep right, and inadequate muffler, and he appealed. The Supreme Court, Appellate Term, held that justice court's 76-day delay in rendering its verdict in driving while impaired case resulted in loss of jurisdiction over the defendant, where record was devoid of consent by defendant to any delay beyond two weeks.
Ostrer & Cione, L.L.P., Chester (Benjamin Ostrer, of counsel), for appellant. Francis D. Phillips, II, District Attorney of Orange County, Goshen (Gerald D. D'Amelia, Jr., of counsel), for respondent. Before DiPAOLA, P.J., and COLLINS and INGRASSIA, JJ. MEMORANDUM. Judgment of conviction unanimously reversed on the law and accusatory instruments dismissed. By way of simplified traffic informations, defendant was charged with driving while intoxicated (Vehicle and Traffic Law § 1192[3] ), driving while impaired (**300 (Cite as: 175 Misc.2d 277, *277, 670 N.Y.S.2d 299, **300) Vehicle and Traffic Law § 1192[1] ), inadequate muffler (Vehicle and Traffic Law *278 (Cite as: 175 Misc.2d 277, *278, 670 N.Y.S.2d 299, **300) § 375[31]), and failure to keep right (Vehicle and Traffic Law § 1120[a]). Following completion of discovery in February 1995, the People announced their readiness for trial, and reduced the misdemeanor charge of driving while intoxicated to the violation of driving while impaired. The People also consented to the dismissal of failure to keep right as the requested supporting deposition was not filed in a timely manner. After the trial, which took one day (November 14, 1995), the court reserved decision. It was not until January 29, 1996, that the court returned a verdict of guilty. In a two page written decision, the court found defendant guilty of driving while impaired, failure to keep right, and inadequate muffler. As stated above, however, the charge of failure to keep right was dismissed for the People's failure to timely file a supporting deposition. Moreover, the decision makes reference to defendant's testimony, when, in fact, defendant neither testified, nor presented any case. On appeal, defendant argues that the court's 76 day delay in rendering its verdict resulted in a loss of jurisdiction over the defendant. We agree. Since the record is devoid of consent by defendant to any delay beyond two weeks, the judgment cannot stand as the time is unreasonable ( see, People v. South, 41 N.Y.2d 451, 393 N.Y.S.2d 695, 362 N.E.2d 246 [1977]; CPL 350.10). Thus, the judgment must be reversed and the informations dismissed. Copr. (C) West 2006 No Claim to Orig. U.S. Govt. Works N.Y.Sup.,1997. People v. Plaza 175 Misc.2d 277, 670 N.Y.S.2d 299, 1998 N.Y. Slip Op. 98101 The Hudson Valley Law Firm of Ostrer Rosenwasser, LLP, represents clients with personal injury, civil and criminal litigation, matrimonial law issues, in both New York State, and Federal Courts including Chester, Montgomery, Newburgh, Middletown, Kingston, Ellenville, Monticello, Poughkeepsie, Goshen, New City, Wurtsboro, New Platz, Ulster County, Sullivan County, Rockland County, Dutchess County and Orange County, NY. * CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories - legal ability and general ethical standards. |
110 Criminal Law
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