People v. Garcha, 2021-21328

CourtNew York Justice Court
Writing for the CourtRichard Clarino, J.
PartiesThe People of the State of New York, v. Gurwinder S. Garcha, Defendant.
Decision Date07 December 2021
Docket Number21100207,2021-21328

The People of the State of New York,
v.

Gurwinder S. Garcha, Defendant.

No. 2021-21328

Docket No. 21100207

Justice Court of the Town of Newburgh, Orange County

December 7, 2021


GERSTENZANG, SILLS COHN & GERSTENZANG Attorney for Defendant

ORANGE COUNTY DISTRICT ATTORNEY

Richard Clarino, J.

Upon the Notice of Motion dated November 30, 2021, submitted by Jonathan D. Cohn, Esq., of Gerstenzang, Sills, Cohn & Gerstenzang, attorney for defendant, the Affirmation in Opposition dated December 3, 2021, submitted by Joseph J. Gruner, Esq., Assistant District Attorney of Orange County, the proceedings held in open court on November 30, 2021 and upon all the papers and proceedings previously filed and held herein, defendant's motion is decided as follows:

On October 8, 2021, defendant was arrested by New York State Trooper John T. Conroy and charged with Aggravated Driving While Intoxicated (VTL §1192.2aa), Driving While Intoxicated (VTL §1192.3), Moving from Lane Unsafely (VTL §1128[a]) and Consumption of Alcohol in Motor Vehicle (VTL §1227[1]). On October 13, 2021, simplified traffic informations (hereinafter referred to as "UTTs") were filed with the court along with a document entitled "Supporting Deposition" and "DWI Bill of Particulars". On October 15, 2021, defendant's attorney faxed a letter to the court requesting that "a copy of the Court's file be faxed to my office". The attorney's letter also requested a supporting deposition pursuant to CPL§§100.20 & 100.25(2). On October 20, 2021, the court complied with the attorney's request and faxed to him, among other documents, the UTTs and the Supporting Deposition/DWI Bill of Particulars and also sent an Order to Trooper Conroy directing that he file and serve a supporting deposition pursuant to CPL §100.25(2). No additional supporting depositions were filed by the trooper.

On November 30, 2021, defendant and attorney Jonathan D. Cohn, Esq. appeared in court for arraignment and entered a plea of "not guilty". When the court began to address the issue of suspension pending prosecution as required by VTL §1193(2)(e)(7), Mr. Cohn orally argued and submitted the instant motion to dismiss, contending not only that defendant's driver's license may not be lawfully suspended pending prosecution (See, Pringle v Wolf, 88 N.Y.2d 426, at page 432) but also that all charges against defendant must be dismissed because the accusatory instruments are defective on their face. The sole ground for...

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