People v. Fuentes

Citation75 Misc.3d 909,171 N.Y.S.3d 763
Decision Date20 May 2022
Docket NumberIndictment No. 70248-21
Parties The PEOPLE of the State of New York v. Angel FUENTES, Defendant.
CourtNew York County Court

HON. MIRIAM E. ROCAH, Westchester County District Attorney, Attorney for Plaintiff People of the State of New York, 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601, Attn: Assistant District Attorney Adrian Murphy

THE LEGAL AID SOCIETY OF WESTCHESTER COUNTY, Attorney for Defendant Angel Fuentes, 150 Grand Street-Suite 100, White Plains, New York 10601, Attn: Meghan Stelzer, Esq.

Robert J. Prisco, J. Defendant ANGEL FUENTES is charged by Indictment Number 70248-21 with one count of Criminal Possession of a Weapon in the Second Degree pursuant to Penal Law [PL] § 265.03 (3) [Count One], one count of Criminal Possession of a Firearm pursuant to PL § 265.01-b (1) [Count Two], and one count of Criminal Possession of a Weapon in the Fourth Degree pursuant to PL § 265.01 (1) [Count Three]. The charges pertain to Defendant's alleged possession of a loaded .38 caliber revolver inside of a vehicle in the vicinity of 1 Bogopa Plaza, in the City of Mount Vernon, at approximately 6:00 p.m. on September 17, 2020.

On November 29, 2021, Defendant was arraigned by the Honorable David S. Zuckerman on the charges contained in Indictment Number 70248-21, he entered a plea of not guilty to said charges, and an omnibus motion schedule was set. Attached to the indictment is the People's Demand for a Notice of Alibi pursuant to CPL § 250.20 and two (2) Criminal Procedure Law [CPL] § 710.30 (1) (a) Notices regarding the People's intent to offer evidence of statements that were allegedly made by the defendant to members of the Mount Vernon Police Department.

On December 20, 2021, the People filed a Certificate of Compliance pursuant to CPL § 245.50 (1), which includes a "Statement of Readiness," wherein "[t]he People confirm and announce their readiness for trial on all counts charged." Attached to the Certificate of Compliance is a copy of the People's Discovery Disclosure Index pursuant to CPL §§ 245.20 and 245.50.

Defendant filed a Notice of Motion, an Affirmation and a Memorandum of Law on December 20, 2021, seeking to dismiss the indictment on the ground that the defendant's right to a speedy trial has been violated pursuant to CPL §§ 210.20 and 30.30.

The People filed an Affirmation in Opposition dated February 18, 2022, a Memorandum of Law and "Exhibit 1,"1 disputing Defendant's speedy trial claims.

On February 18, 2022, Defendant filed a Reply to the People's Affirmation in Opposition.

On March 1, 2022, Defendant filed a Notice of Motion, Affirmation and Memorandum of Law, seeking omnibus relief.2

Thereafter, the People filed an Affirmation in Opposition dated March 17, 2022, and a Memorandum of Law in response to Defendant's motion for omnibus relief. The Court was also provided with an unredacted certified copy of the stenographic transcript of the November 16, 2021 Grand Jury proceeding, along with copies of the Grand Jury Exhibits.

On April 4, 2022, the People filed a letter with attachments thereto, supplementing their previously filed opposition papers to Defendant's speedy trial motion.

On April 19, 2022, the People filed a Supplemental Certificate of Compliance pursuant to CPL §§ 245.50 (1) and 245.60, wherein the People again confirmed and announced their readiness for trial "on all counts charged in this matter." Attached to the Supplemental Certificate of Compliance is a copy of the People's Discovery Disclosure Index pursuant to CPL §§ 245.20 and 245.50, which includes, but is not limited to, a disclosure pertaining to Grand Jury testimony.

After consideration of the above referenced submissions and the unredacted certified stenographic transcript of the November 16, 2021 Grand Jury proceeding, the Court decides Defendant's Motion as follows:

DEFENDANT'S MOTION TO DISMISS THE INDICTMENT ON SPEEDY TRIAL GROUNDS IS GRANTED.

Pursuant to "Article 210.20 and Article 30.30 of the Criminal Procedure Law, the Sixth Amendment of the United States Constitution, and the Constitution of the State of New York," Defendant moves to "dismiss [I]ndictment 70248-21 as it unconstitutionally deprived the defendant of his right to a speedy trial." Defendant contends that the following time periods, amounting to 187 days, are chargeable to the People: October 5, 2020 to December 19, 2020 [86 days]; August 3, 2021 to August 25, 2021 [23 days]; and September 13, 2021 to November 29, 2021 [78 days].

In response, the People contend that Defendant's right to a speedy trial has not been denied as "substantial portions of the time period from when the felony complaint was filed until the arraignment on the indictment [when] the current motion schedule was set are excludable and thereby not chargeable to the People." Specifically, the People contend that, at most, the following time periods, amounting to 168 days, are chargeable to them: October 5, 2020 to October 6, 2020 [2 days]; October 13, 2020 to December 29, 2020 [78 days]; August 2, 2021 to August 25, 2021 [23 days]; September 13, 2021, to September 30, 2021 [17 days]; and October 12, 2021 to November 29, 2021 [48 days].

" CPL § 30.30 ‘was enacted to serve the narrow purpose of insuring prompt prosecutorial readiness for trial, and its provisions must be interpreted accordingly’ " ( People v. Brown , 28 N.Y.3d 392, 403, 45 N.Y.S.3d 320, 68 N.E.3d 45 [2016], quoting People v. Sinistaj , 67 N.Y.2d 236, 239, 501 N.Y.S.2d 793, 492 N.E.2d 1209 [1986] ; see People v. Cooper , 98 N.Y.2d 541, 547, 750 N.Y.S.2d 258, 779 N.E.2d 1006 [2002] ). "Pursuant to CPL § 30.30 (1) (a), the People must be ready for trial within six months of the commencement of a criminal action accusing a defendant of a felony offense" ( People v. Clarke , 28 N.Y.3d 48, 52, 41 N.Y.S.3d 200, 63 N.E.3d 1144 [2016], quoting People v. Carter, 91 N.Y.2d 795, 798, 676 N.Y.S.2d 523, 699 N.E.2d 35 [1998] ; see People v. Price , 14 N.Y.3d 61, 63, 896 N.Y.S.2d 719, 923 N.E.2d 1107 [2010] ; People v. Bowman , 197 A.D.3d 714, 714, 150 N.Y.S.3d 585 [2d Dept. 2021] ; People v. Stiebritz , 192 A.D.3d 705, 705, 139 N.Y.S.3d 567 [2d Dept. 2021], lv. denied 37 N.Y.3d 960, 147 N.Y.S.3d 540, 170 N.E.3d 414 [2021] ; People v. Connell , 185 A.D.3d 1048, 1049, 126 N.Y.S.3d 372 [2d Dept. 2020] ; People v. Huger , 167 A.D.3d 1042, 1042, 91 N.Y.S.3d 161 [2d Dept. 2018], lv. denied 33 N.Y.3d 949, 100 N.Y.S.3d 206, 123 N.E.3d 865 [2019] ), "not including excludable periods" ( People v. Clinkscales , 171 A.D.3d 1086, 1087, 98 N.Y.S.3d 243 [2d Dept. 2019] ; see People v. Barden , 27 N.Y.3d 550, 553, 36 N.Y.S.3d 80, 55 N.E.3d 1053 [2016] ; People v. Huger , 167 A.D.3d at 1042, 91 N.Y.S.3d 161 ; People v. Cox , 161 A.D.3d 1100, 1100, 77 N.Y.S.3d 455 [2d Dept. 2018] ; CPL § 30.30 (4) ). "The failure to declare readiness within the statutory time limit will result in dismissal of the prosecution, unless the People can demonstrate that certain time periods should be excluded" ( People v. Brown , 28 N.Y.3d 392, 403, 45 N.Y.S.3d 320, 68 N.E.3d 45 [2016], quoting People v. Price , 14 N.Y.3d 61, 63, 896 N.Y.S.2d 719, 923 N.E.2d 1107 [2010] ; see People v. Chavis , 91 N.Y.2d 500, 504-505, 673 N.Y.S.2d 29, 695 N.E.2d 1110 [1998] ; People v. Blacks , 153 A.D.3d 720, 723, 61 N.Y.S.3d 66 [2d Dept. 2017] ).

A criminal action is commenced by the filing of an accusatory instrument against a defendant in a criminal court (see CPL § 1.20 (17) ), which includes a felony complaint (see CPL § 1.20 (1) ; People v. Huger , 167 A.D.3d at 1042, 91 N.Y.S.3d 161 ; People v. Cox , 161 A.D.3d at 1100, 77 N.Y.S.3d 455 ; People v. Sant , 120 A.D.3d 517, 518, 990 N.Y.S.2d 630 [2d Dept. 2014] ). "Once a defendant sufficiently alleges that the People were not ready within the statutory period, the People have the burden of showing their entitlement to a statutory exclusion’ " ( People v. Brown , 28 N.Y.3d at 403, 45 N.Y.S.3d 320, 68 N.E.3d 45, quoting People v. Luperon , 85 N.Y.2d 71, 81, 623 N.Y.S.2d 735, 647 N.E.2d 1243 [1995] ; see People v. Santos , 68 N.Y.2d 859, 861, 508 N.Y.S.2d 411, 501 N.E.2d 19 [1986] ; People v. Berkowitz , 50 N.Y.2d 333, 349, 428 N.Y.S.2d 927, 406 N.E.2d 783 [1980] ). "Whether the People have satisfied [their] obligation is generally determined by computing the time elapsed between the [commencement of the criminal action] and the People's declaration of readiness, subtracting any periods of delay that are excludable under the terms of the statute and then adding to the result any postreadiness periods of delay that are actually attributable to the People and are ineligible for an exclusion" ( People v. Cortes, 80 N.Y.2d 201, 208, 590 N.Y.S.2d 9, 604 N.E.2d 71 [1992] ; see People v. Carter, 91 N.Y.2d at 799, 676 N.Y.S.2d 523, 699 N.E.2d 35 ; People v. Clinkscales , 171 A.D.3d at 1087, 98 N.Y.S.3d 243 ; People v. Huger , 167 A.D.3d at 1042, 91 N.Y.S.3d 161 ; People v. Lynch, 103 A.D.3d 919, 920, 962 N.Y.S.2d 241 [2d Dept. 2013], lv. denied 21 N.Y.3d 1017, 971 N.Y.S.2d 499, 994 N.E.2d 395 [2013] ; People v. Headley , 100 A.D.3d 775, 776, 954 N.Y.S.2d 121 [2d Dept. 2012] ).

September 18, 2020 to October 7, 2020

On March 20, 2020, due to the COVID-19 health crisis, former New York State Governor Andrew Cuomo issued Executive Order 202.8, which, inter alia, limited court operations to essential matters, suspended CPL § 30.30 and tolled its speedy trial calculations. The suspension of CPL § 30.30 and the tolling of its speedy trial calculations remained in effect through a series of Executive Order extensions until October 4, 2020, when they were lifted with the Governor's issuance of Executive Order 202.67.

On September 18, 2020, while Executive Order 202.8 was in effect, a felony complaint was filed against the defendant and he was virtually arraigned thereon by a Justice of the Mount Vernon City Court in the presence of his counsel on that same date. Accordingly, the...

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