Date: 10-23-2024

Case Style:

State of New York v. Quesan Brown

Case Number: 2022-01663

Judge: Not Available

Court: Supreme County, Rockland County, New York

Plaintiff's Attorney: Rockland County New York District Attorney's Office

Defendant's Attorney:

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Description:

New City, New York, criminal defense lawyer represented the Defendant charged with criminal possesson of a wapon in the second degree, etc.

On March 18, 2021, the People filed a felony complaint against the defendant. By indictment dated November 5, 2021, the defendant was charged with criminal possession of a weapon in the second degree, two counts of criminal possession of a controlled substance in the third degree, aggravated driving while intoxicated, and driving while intoxicated. On November 15, 2021, the People filed an amended certificate of compliance pursuant to CPL 245.50(1) and a statement of readiness for trial.

In an omnibus motion, the defendant moved, inter alia, to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial pursuant to CPL 30.30(1)(a). The defendant contended that for the period from the commencement of the criminal action to November 15, 2021, the total amount of time chargeable to the People exceeded the six-month period mandated by CPL 30.30. In opposition, the People essentially asserted that the period from March 18, 2021, through May 23, 2021, was excludable pursuant to Executive Order (A. Cuomo) No. 202.87 (9 NYCRR 8.202.87). As a result, the People contended, the time chargeable to them did not exceed the six-month period mandated by CPL 30.30.

By order entered February 16, 2022, the County Court, upon reargument, granted that branch of the defendant's omnibus motion which was to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial. The People then moved for leave to renew their opposition to that branch of the defendant's omnibus motion. By order entered June 1, 2022, the court, in effect, granted leave to renew and, upon renewal, adhered to the determination made upon reargument in the order entered February 16, 2022. The People appeal.

Where, as here, a defendant is charged with a felony, the People are required to be ready for trial within six months of the commencement of the criminal action (see CPL 30.30[1][a]; People v Sinistaj, 67 N.Y.2d 236, 239; People v Connell, 185 A.D.3d 1048, 1049). In response to the COVID-19 pandemic, on December 30, 2020, former Governor Andrew Cuomo issued Executive Order No. 202.87, which provided that "[s]ection 30.30 and [s]ection 190.80 of the criminal procedure law are suspended to the extent necessary to toll any time periods contained therein for the period during which the criminal action is proceeding on the basis of a felony complaint through arraignment on the indictment or on a superior court information and thereafter shall not be tolled." Successive executive orders extended Executive Order No. 202.87 through May 23, 2021 (see 9 NYCRR 8.202.87-8.202.106).

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People v. Brown, 2024 NY Slip Op 05221, 2022-05456, Ind. No. 202/21, Nos. 2022-01663 (N.Y. App. Div. Oct 23, 2024)

Outcome: Reversed

Plaintiff's Experts:

Defendant's Experts:

Comments: