People v. Garcia
| Decision Date | 11 August 2021 |
| Docket Number | 1044-2020 |
| Citation | 150 N.Y.S.3d 893 (Table),72 Misc.3d 1217 (A) |
| Parties | The PEOPLE of the State of New York, v. Juan Francisco CRUZ GARCIA, Defendant. |
| Court | New York Supreme Court |
The defendant, Juan Francisco Cruz Garcia moved by Notice of Motion, dated May 19, 2021, seeking the following relief:
On June 23, 2021, Assistant District Attorney Lauren Fitton filed an Affirmation in Opposition to the defendant's Notice of Motion.
On January 15, 2020, the defendant was arrested (Docket # CR-001227-20KN) and charged with the following crimes alleged to have taken place on October 6, 2019:
On January 16, 2020, the defendant was arraigned by the Hon. Quynda Santa Croce who issued a TOP in favor of T.C. (hereinafter "the CW"), which was in effect until July 31, 2020 and adjourned the case to January 24, 2020 in DV-1.
On January 22, 2020, the People filed a Superseding Information (SSI) on Docket # CR-001227-20KN with the following charges alleged to have occurred on four (4) separate dates:
On January 23, 2020, the defendant's criminal case (Docket # CR-001227-20KN; IDV Docket # 20009V-2020) was transferred to IDV2 along with the CW's Family Offense Petition (Family Court Docket # O-28505-19; IDV Docket # O-00108-20) and scheduled for February 6, 2020.
On February 6, 2020, the defendant failed to appear in IDV2, and the Court stayed a warrant and extended the TOPs on the criminal case and Family Offense Petition in favor of the CW to the adjourn date of the April 1, 2020.
On March 17, 2020, the Kings County IDV Court began operating virtually in response to the COVID-19 pandemic.
Due to the ongoing COVID-19 pandemic, the April 1, 2020 court date was administratively adjourned to July 27, 2020. All TOPs in favor of the CW were extended to July 27, 2020 automatically by Administrative Order 70/20 of the Chief Administrative Judge.
On April 23, 2020, the defendant was re-arrested and arraigned on a felony complaint (Docket # CR-009164-20KN) and was charged with the following crimes alleged to have been committed against the CW on April 13, 2019:
| Count | TPO | Crime |
| 1-3 | 4/13/19 | Rape in the First Degree [PL 130.35(1)] [3 counts] |
| 4 | 4/13/19 | Criminal Sexual Act in the First Degree [PL 130.50(1)] |
| 5-8 | 4/13/19 | Assault in the Second Degree (As a Sexually Motivated Felony) [PL 120.05] [4 counts] |
| 9-12 | 4/13/19 | Sexual Abuse in the First Degree [PL 130.65(1)] [4 counts] |
| 13-15 | 4/13/19 | Rape in the Third Degree [PL 130.25(3)] [3 counts] |
| 16 | 4/13/19 | Criminal Sexual Act in the Third Degree [PL 130.40(1)] |
| 17 | 4/13/19 | Criminal Sexual Act in the Third Degree [PL 130.40(3)] |
| 18-21 | 4/13/19 | Assault in the Third Degree [PL 120.00(1)] [4 counts] |
| 22-24 | 4/13/19 | Sexual Misconduct [PL 130.20(1)] [3 counts] |
| 25 | 4/13/19 | Sexual Misconduct [PL 130.20(2)] |
| 26-29 | 4/13/19 | Forcible Touching [PL 130.52(1)] [Four counts] |
| 30-33 | 4/13/19 | Sexual Abuse in the Second Degree [PL 130.60(1)] [4 counts] |
| 34 | 4/13/19 | Unlawful Imprisonment in the Second Degree [PL 135.05] |
| 35-38 | 4/13/19 | Attempted Assault in the Third Degree [PL 110/120.01(1)] [4 counts] |
| 39-42 | 4/13/19 | Menacing in the Third Degree [PL 120.15] [4 counts] |
| 43-46 | 4/13/19 | Sexual Abuse in the Third Degree [PL 130.55] [4 counts] |
| 47-50 | 4/13/19 | Harassment in the Second Degree [PL 240.26(1)] [4 counts] |
On April 24, 2020, the defendant was arraigned virtually on the felony complaint (Docket # CR-009164-20KN) by the Hon. Alan J. Schiff in Kings County Criminal Court who set bail in the amount of $25,000 cash over 25,000 partially secured bond (10% with two signers) over $25,000 insurance company bail bond. Judge Schiff issued a TOP which was in effect through October 30, 2020 in favor of the CW. The matter was then adjourned to June 8, 2020 in Part AP1F.
On May 11, 2020, the defendant filed a CPL § 180.80 Motion for statutory release and a preliminary hearing.
On May 13, 2020 the Hon. Michael Yavinsky issued a Decision and Order denying the defendant's CPL § 180.80 motion.
On May 15, 2020, the defendant filed a writ of habeas corpus.
On May 20, 2020, the People filed an Affirmation in Opposition to the defendant's CPL § 180.80 Motion.
On May 28, 2020, the defendant filed a letter in Reply to the People's Affirmation in Opposition.
On May 29, 2020, the Hon. Danny K. Chun denied the defendant's writ of habeas corpus.
On June 1, 2020, the defendant filed a second CPL § 180.80 application for statutory release and a preliminary hearing.
On June 3, 2020, the People filed an Affirmation in Opposition to the defendant's second CPL § 180.80 application.
On June 8, 2020, the defendant appeared in AP-1F on the felony complaint (Docket # CR-009164-20KN) and the same bail conditions were continued. The matter was adjourned to August 11, 2020 in Part AP-1F.
On June 25, 2020, the Hon. Michael Yavinsky issued a Decision and Order which denied the defendant's second CPL § 180.80 application finding good cause to extend 180.80 until such time as a Grand Jury could be empaneled.
On July 27, 2020, the defendant appeared virtually in IDV2 on Docket # 20009V-2020 and the TOPs were extended to the adjourn date of August 11, 2020.
On August 14, 2020, a Kings County Grand Jury voted a True Bill on the following 19 counts on Indictment #1044-2020:
| Count | TPO | Crime |
| 1-3 | 4/13/19 | Rape in the First Degree [PL 130.35(1)] |
| 4-6 | 4/13/19 | Sexual Abuse in the First Degree [PL 130.65(1)] |
| 7-9 | 4/13/19 | Rape in the Third Degree [PL 130.25(3)] |
| 10 | 4/13/19 | Criminal Sexual Act in the First Degree [PL 130.50(1)] |
| 11-13 | 4/13/19 | Sexual Misconduct [PL 130.20(1)] |
| 14 | 4/13/19 | Sexual Abuse in the First Degree [PL 130.65(1)] |
| 15 | 4/13/19 | Criminal Sexual Act in the Third Degree [PL 130.40(3)] |
| 16 | 4/13/19 | Sexual Misconduct [PL 130.20(2)] |
| 17 | 4/13/19 | Attempted Assault in the Third Degree [PL 110/120.01(1)] |
| 18 | 4/13/19 | Criminal Obstruction of Breathing or Blood Circulation [PL 121.11(A)] |
| 19 | 10/6/19 | Assault in the Third Degree [PL 120.00(1)] |
The defendant was then remanded by the Court.
On August 20, 2020, the defendant appeared before the Hon. Laura Johnson in the Miscellaneous Motions Part. The defendant posted a partial security bond and was released and directed to appear virtually in Part IDV2 on September 24, 2020 for arraignment on Indictment # 1044-2020.
On September 24, 2020, the defendant appeared virtually, with Margaret McCarthy, Esq. of Brooklyn Defenders Services as counsel, and Docket # 20009V-2020 was consolidated into Indictment # 1044-2020. The defendant was arraigned on Indictment # 1044-2020 and pled not guilty. The Court directed the People to provide a copy of the Grand Jury minutes for "in camera" review and extended the TOP to the adjourn date of November 24, 2020.
On November 24, 2020, all parties and counsel appeared virtually on the Indictment and the CW's Family Offense Petition. The defendant consented to a Final Order of Protection in favor of the CW on the Family Offense Petition without a finding of fault (Docket # O-00108-20) which is in effect until November 23, 2022.
Additionally on November 24, 2020, the People served and filed a Certificate of Compliance (COC), Inventory of Discovery and a statement of readiness on the Indictment. The Court extended the TOP to the adjourn date of January 11, 2021.
On January 8, 2021, defendant's counsel sent a letter to the People, cc'd to the Court, detailing alleged deficiencies of the COC filed on November 24, 2020.
On January 11, 2021, all parties and counsel appeared virtually in IDV2. The Court reviewed the Grand Jury minutes, in camera, and issued a Decision and Order determining that the evidence was legally sufficient to establish the offenses and sustain the Indictment and found that the People had correctly charged the Grand Jury on the relevant law. The Court extended the criminal TOP and adjourned the case to April 7, 2021.
On April 2, 2021, the People filed a Supplemental Certificate of Compliance as well as a response to the letter from defense counsel of January 8, 2021 regarding alleged deficiencies in the People's November 24, 2020 COC.
On April 7, 2021, all parties and counsel appeared virtually in IDV2 and the Court extended the TOP and adjourned the case to May 26, 2021.
On April 15, 2021, this Court signed a Judicial Subpoena Duces Tecum, submitted by the defendant, for the CW's medical records from NYU Langone Medical Center.
On May 4, 2021, this...
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