People v. Houis

CourtNew York District Court
Citation196 Misc.2d 754,766 N.Y.S.2d 520
Decision Date31 July 2003
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,<BR>v.<BR>SCHUYLER HOUIS, Defendant.

196 Misc.2d 754
766 N.Y.S.2d 520

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,
v.
SCHUYLER HOUIS, Defendant.

July 31, 2003.


George M. Groglio for defendant.

Jeanine Ferris Pirro, District Attorney (Kerrie N.R. Williams of counsel), for plaintiff.

[196 Misc.2d 755]

OPINION OF THE COURT

PETER LANE, J.

Defendant moves herein pursuant to CPL 100.15, 100.40, 170.35 and 170.40 to dismiss the accusatory instrument as defective and, also, to dismiss the same in the interest of justice.

Defendant is charged with unlawfully dealing with a child in the first degree pursuant to Penal Law § 260.20. The facts surrounding the alleged incident are essentially not disputed. Defendant, a 16-year-old male, was telephoned by a 15-year-old female friend and asked by her to supply her with alcohol. He complied by bringing vodka in a water bottle to her. She imbibed too zealously and became ill, while the two of them were out walking. The defendant had the presence of mind to remain with her and to telephone his parents. The three then took her to a local hospital where, fortunately, she was treated successfully.

The court will, in the first instance, deal with that portion of the motion arguing that this matter should be dismissed in the interest of justice. In order to grant this part of the motion, the court must find in its discretion "the existence of some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant * * * would constitute or result in injustice." (CPL 170.40 [1].) "In determining whether [the same] exists, the court must, to the extent applicable, examine and consider, individually, and collectively [the 10 criteria set forth in (a) through (j) of that subdivision]." (CPL 170.40 [1].)

Although, the court has discretion in this regard, such discretion is "neither absolute nor uncontrolled" and must be "sparingly exercised." (People v Kelley, 141 AD2d 764, 765 [2d Dept 1988].) Clearly defendant's history, character and condition and, at least by implication as set forth in her supporting deposition, "the attitude of the * * * victim" militate in his favor. (CPL 170.40 [1] [d], [i].) However, counsel's arguments notwithstanding, several other important factors weigh heavily against such a disposition. They are "the impact of a dismissal upon the safety or welfare of the community" and "the confidence of the public in the criminal justice system." (CPL 170.40 [1] [g], [h].) Drinking by...

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6 practice notes
  • People v. Heil
    • United States
    • New York Supreme Court Appellate Division
    • 21 Abril 2010
    ...crime, decreased productivity, and countless other alcohol-related problems. This issue not new to Rye. See e.g., People v. S.H., 196 Misc.2d 754 at 755, 766 N.Y.S.2d 520 at 521 [Rye City Ct., 2003], where Judge Lane said "Drinking by youths and the too often concomitant supplying of a......
  • People v. Morales
    • United States
    • New York Criminal Court
    • 27 Febrero 2012
    ...exactly the wrong message, make this community less safe, and undermine the public's confidence in our system." See, People v. SH, 196 Misc.2d 754, 756, 766 N.Y.S.2d 520 (City Ct., Rye 2003). See, also, People v. Watson, 182 Misc.2d 644, 651, 700 N.Y.S.2d 651 (1999) ("dismissal of......
  • People v. Bavosa, Docket No. 16-0802
    • United States
    • New York County Court
    • 2 Febrero 2017
    ...safe, and undermine the public's confidence in the criminal justice system, the motion is denied on these grounds. See, People v. S.H., 196 Misc.2d 754, 766 N.Y.S.2d 520 (Rye City Ct. 2003). Based on a review of the factors set forth in CPL §170.40(1)(a)Page 15 through (j) and a review of t......
  • People v. Bavosa, Docket No. 16-0802
    • United States
    • New York County Court
    • 2 Febrero 2017
    ...safe, and undermine the public's confidence in the criminal justice system, the motion is denied on these grounds. See, People v. S.H., 196 Misc.2d 754, 766 N.Y.S.2d 520 (Rye City Ct. 2003). Based on a review of the factors set forth in CPL §170.40(1)(a)Page 15 through (j) and a review of t......
  • Request a trial to view additional results
6 cases
  • People v. Heil
    • United States
    • New York Supreme Court Appellate Division
    • 21 Abril 2010
    ...crime, decreased productivity, and countless other alcohol-related problems. This issue not new to Rye. See e.g., People v. S.H., 196 Misc.2d 754 at 755, 766 N.Y.S.2d 520 at 521 [Rye City Ct., 2003], where Judge Lane said "Drinking by youths and the too often concomitant supplying of a......
  • People v. Morales
    • United States
    • New York Criminal Court
    • 27 Febrero 2012
    ...exactly the wrong message, make this community less safe, and undermine the public's confidence in our system." See, People v. SH, 196 Misc.2d 754, 756, 766 N.Y.S.2d 520 (City Ct., Rye 2003). See, also, People v. Watson, 182 Misc.2d 644, 651, 700 N.Y.S.2d 651 (1999) ("dismissal of......
  • People v. Bavosa, Docket No. 16-0802
    • United States
    • New York County Court
    • 2 Febrero 2017
    ...safe, and undermine the public's confidence in the criminal justice system, the motion is denied on these grounds. See, People v. S.H., 196 Misc.2d 754, 766 N.Y.S.2d 520 (Rye City Ct. 2003). Based on a review of the factors set forth in CPL §170.40(1)(a)Page 15 through (j) and a review of t......
  • People v. Bavosa, Docket No. 16-0802
    • United States
    • New York County Court
    • 2 Febrero 2017
    ...safe, and undermine the public's confidence in the criminal justice system, the motion is denied on these grounds. See, People v. S.H., 196 Misc.2d 754, 766 N.Y.S.2d 520 (Rye City Ct. 2003). Based on a review of the factors set forth in CPL §170.40(1)(a)Page 15 through (j) and a review of t......
  • Request a trial to view additional results

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