People v. Hashim
| Citation | 2015 N.Y. Slip Op. 25134,8 N.Y.S.3d 554,48 Misc.3d 532 |
| Decision Date | 14 April 2015 |
| Docket Number | 2013KN077296 |
| Parties | The PEOPLE of the State of New York, v. Mahamad HASHIM, Defendant. |
| Court | New York Criminal Court |
48 Misc.3d 532
8 N.Y.S.3d 554
2015 N.Y. Slip Op. 25134
The PEOPLE of the State of New York
v.
Mahamad HASHIM, Defendant.
2013KN077296
Criminal Court, City of New York, Kings County.
April 14, 2015.
Assistant District Attorney Krystyn Tendy, Esq., for the King's County District Attorney's Office.
Legal Aid Society, Reda Woodcock, Esq., for Defendant.
Opinion
JOHN T. HECHT, J.
Defendant Mahamad Hashim was charged with felony assault and a number of lesser charges based on Karibul Mowla's allegation that at approximately 10:53 P.M. on October 6, 2013, in Brooklyn,
Defendant stated to [him] that defendant “was going to kill [him]” and began slashing [him] on the neck and back with a kitchen knife.
The People subsequently dismissed the felony and retained the other charges.
Defendant now moves, pursuant to Criminal Procedure Law (CPL) sections 170.30(1)(e) and 30.30(1)(b), for an order dismissing this prosecution on speedy-trial grounds. The People oppose. For the reasons that follow, the motion is granted.
Where, as here, a felony complaint is reduced to a misdemeanor information within 90 days of the commencement of the action, CPL 30.30(5)(c) provides that the 30.30(1) timeframe is that associated with the most serious offense in the information (People v. Cooper, 98 N.Y.2d 541, 544, 750 N.Y.S.2d 258, 779 N.E.2d 1006 [2002] ), in this case 90 days for the remaining “A” misdemeanors (see CPL § 30.30[1][b] ).
The People concede 27 days of post-readiness delay from April 23 to October 14, 2014 when they were not ready for trial and requested three adjournments (see People v. Betancourt, 217 A.D.2d 462, 629 N.Y.S.2d 423 [1st Dept.1995] [People charged only with time they request in the post-readiness context] ). This excludes the adjournment from June 23 to September 3, when the People were ready for trial but defense was not.
At issue is whether the complainant's subsequent absence from the United States provides the People with an excusable delay.
On September 19, the complainant informed the People that he would be leaving the United States for Bangladesh on September 23 and would be there for several months. Accordingly, on October 14, the People were not ready for trial and the case was adjourned to November 18.
The People submitted an off-calendar statement of readiness on October 31, which stated
The People have been in continuous contact with the witness for this case and the People are ready to proceed. However, the complainant witness is outside the jurisdiction and control of the People at this time and the People will require a firm trial date with a...
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