People v. Moeirzadeh

• Decision Date: 10 March 2014
• Docket Number: # BD8391154
• Citation: 2014 NY Slip Op 50320
• Parties: People of the State of New York, Plaintiff, v. Saman Moeirzadeh, Defendant.
• Court: New York Justice Court

2014 NY Slip Op 50320

People of the State of New York, Plaintiff,
v.
Saman Moeirzadeh, Defendant.

# BD8391154

Just Ct of Village of Kings Point, Nassau County

Decided on March 10, 2014

Gary C. Granoff, J.

This matter comes before the Court by Motion of Defendant for an Order to dismiss the above five (5) Simplified Traffic Information / Complaints pursuant to the New York State Criminal Procedure Law ("CPL") Section 170.30 (1)(a) and CPL. Section 100.40(2) on the grounds that the timely served supporting depositions fail to set forth "factual allegations of an evidentiary character" and are legally insufficient and defective within the meaning of CPL Section 170.35(1)(a).

For the reasons stated below, the Court has decided the motion based upon the time limitations imposed by and set forth in CPL Section 100.25 (2) and CPL Section 100.25 (3) which are applicable to this case, and has further rendered its decision in the interest of justice and to afford the defendant appropriate due process of law under the particular facts of this case.

Summary of the Background and Facts:

The five Simplified Traffic Information / Complaints (Appearance Tickets) (hereinafter referred to as the "Tickets") were issued to the defendant on June 6, 2013 by a police officer of the Kings Point Police Department. Ticket # BD8391154 was issued for an alleged violation of Section 1126 A of the Vehicle and Traffic Law ("VTL") for "driving to the left of pavement markings (No passing)"; Ticket # BD8391165 was issued for an alleged violation of Section

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1128 A of the VTL for "moved from lane unsafely"; Ticket # BD8391176 was issued for an alleged violation of Section 1129 A of the VTL for "Following to Closely"; Ticket No. BD8391180 was issued for an alleged violation of Section 1180 A of the VTL for "Speed not reasonable and prudent"; and Ticket # BD8391191 was issued for an alleged violation of Section 1212 of the VTL for "Reckless Driving". Each of the tickets issued, except for the ticket issued under Section 1212 of the VTL is for a traffic violation. The ticket issued under Section 1212 for the alleged violation of "Reckless Driving" is a misdemeanor.

Each of the tickets was issued on the standard Simplified Information / Complaint (Appearance Ticket) form of the Commissioner of Motor Vehicles, and which on the reverse side of the ticket, contained language in Section B- Plea of Not Guilty, which was the statutory notice language set forth in CPL Section 100.25 (4). The statutory notice language required that any request for a supporting deposition had to be made within thirty (30) days from the date the defendant was directed to respond to the court noted on the face of the front side of the ticket. That date was July 10, 2013.

The defendant failed to appear on the scheduled appearance date on July 10, 2013. On July 26, 2013 the Court sent a letter to the defendant notifying him of his failure to appear at the scheduled Arraignment date of July 10, 2013 and notifying the defendant of a re-scheduled Arraignment date for him to appear on August 7, 2013. On August 7, 2013, the defendant again failed to appear for Arraignment, and thereafter on August 9, 2013, the Court sent another letter to defendant indicating that defendant failed to appear

On August 12, 2013, the defendant's brother, Hootan Moeirzadeh called the court and advised the Court Clerk that on June 11, 2013 the defendant had been involved in a severe car accident whereby the defendant, who was a pedestrian and was not driving, was hit by a vehicle and suffered severe injuries. Defendant's brother indicated that the defendant had suffered multiple injuries sustained in the vehicle accident which included head injuries and orthopedic fractures. The Court Clerk advised Defendant's brother, that the tickets issued against his brother Saman Moeirzadeh were serious and that either his brother should enter a plea by mail or he should consider retaining an attorney to represent him in the matter.

Thereafter, defendant's brother wrote a letter to the Court dated August 12, 2013 to advise in writing that his brother had "many injuries including brain, legs, broken body parts, etc He is currently in the Hospital and has been in the hospital since the accident and he is still being treated for everything at the hospital." The letter went on to state: "I would respectfully ask the court and the Judge to extend Saman's cases to sometime to 2014 as [he] has a long recover[ry] going forward. Please understand his situation."

Included with the letter from Mr. Hootan Moeirzadeh were copies of two letters to support his claim that his brother had been injured in the car accident, which included a letter dated August 6, 2013 from a medical doctor (Physiatrist) on North Shore LIJ hospital stationary indicating that Saman Moeirzadeh was admitted to North Shore Glen Cove Hospital's Brain Injury Unit on August 1, 2013 with a diagnosis of Traumatic Brain Injury, after being involved in a motor vehicle accident on June 11, 2013 and having been initially admitted to Winthrop Hospital and

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then transferred to North Shore LIJ. The letter further stated that the defendant suffered a brain injury and was receiving physical therapy, occupational therapy, and speech therapy through the brain injury program and that he was expected to remain at the hospital until the foreseeable future. The second letter forwarded to the Court by Mr. Hootan Moeirzadeh was dated August 9, 2013, and was from a second medical doctor, and was written on stationary from North Shore LIJ, Glen Cove Hospital which essentially stated that the defendant was currently hospitalized for traumatic injuries sustained after an accident occurring on June 12, 2013, and that due to mobility and cognitive impairments sustained from his injury, he was currently disabled and unable to ambulate or manage his daily activities without assistance.

Thereafter on August 15, 2013 the Court was in session, and the Court Clerk, in open court, brought to the attention of the Judge and the Kings Point Village Prosecutor the situation concerning the defendant having been severely injured, and the defendant's brother's request that the defendant be able to extend the time for him to appear in court to sometime in 2014. The People had no objection, other than noting in the record that the adjournment was at the request of the defendant and not the people.

The Court Clerk then wrote a letter addressed to the defendant dated August 20, 2013 indicating that in order not to suspend the driver's license of the defendant the defendant must enter a plea which would be accepted by mail. The letter included copies of each of the five summonses in the event he could not find a copy of the original summonses, and noted also the language of entering a plea by mail. The letter went on to state the court wanted written documentation every thirty (30) days from the defendant or his doctors as to his health condition and rehabilitation. Furthermore the letter indicated that upon receipt of the not guilty plea, the court will hold this matter open until a court appearance in January 2014 of which defendant would be notified by mail.

Subsequent to the forwarding of the August 20, 2013 letter by the Court to the defendant, there was no response from the defendant with regard to entering a plea by mail. However, on September 30, 2013 the Court received a letter dated September 23, 2013 from a Social Worker, on stationary of the Park Avenue Extended Care Facility in Long Beach, New York, indicating that the defendant was currently a patient at the Park Avenue Extended Care Facility and had been admitted there on August 30, 2013 after being transferred there by North Shore University Hospital Glen Cove Acute rehab. The letter indicated that the defendant was admitted to Park Avenue Extended Care Facility for sub-acute rehabilitation and defendant was under medical care. The letter further indicated that the defendant was currently unable to walk by himself and was unable to leave the facility.

There was no further word from the defendant until, on November 5, 2013 the Court received a letter from Jeanne Marie Beckmann, Esq, of Jeanne Marie Beckmann, P.C. indicating that she was filing a Notice of Appearance and was submitting copies of the summonses for the referenced matters which were the five (5) tickets issued to the defendant. The...