People v. Piney

Decision Date16 August 2021
Docket Number2021-21221
PartiesPeople of the State of New York, v. Kyle R. Piney, Defendant.
CourtNew York Justice Court

People of the State of New York,
v.
Kyle R. Piney, Defendant.

No. 2021-21221

Justice Court of the Town of Pleasant Valley, Dutchess County

August 16, 2021


SARA TREUMANN ESQ.

Assistant Public Defender

Attorney for Plaintiff

HEATHER A. RYAN, ESQ.

Senior Assistant District Attorney

DAVID A. SEARS, J.

The Defendant, by motion, seeks an Order granting Continued Discovery, dismissal of the accusatory instrument for Facial Insufficiency, dismissal based on the grounds that the Defendant was denied the right to a speedy trial, a reservation of the right to a Suppression Hearing, a Huntley Hearing, disclosure of Brady Material, a Sandoval/Ventimiglia Hearing, and leave to file additional motions. The Defendant, Kyle R. Piney, was charged by misdemeanor Information with having committed the offense of Assault in the Third Degree in violation of Penal Law §120.00. Also filed with the Information was a Supporting Deposition signed by Jason Russell.

It is alleged that this offense occurred on August 22, 2020 in the Town of Pleasant Valley, County of Dutchess, State of New York. The Defendant was arraigned on September 22, 2020 with the Public Defender present at arraignment.

DEMAND FOR CONTINUED DISCOVERY

The People have indicated all discovery material has already been provided to the Defendant's attorney. A Certificate of Compliance was filed by the People on October 11, 2020 and July 16, 2021. Furthermore, the People are aware of their continuing obligations with regard to discovery. It is directed that they continue to comply with their continuing obligations to provide the defense attorney with any discoverable information in their possession.

DISMISSAL FOR FACIAL INSUFFICIENCY

An Information is facially sufficient when a factual portion of the instrument, together with any supporting depositions, 1) alleges non-hearsay facts that would give the Court reasonable cause to believe that the Defendant committed the offense, and 2) establish, if true, every element of that offense. See, CPL §100.40(1).

"Reasonable cause to believe that a person has committed an offense exists when evidence or information, which appears reliable, discloses facts or circumstances which are collectively of such weight and persuasiveness, has to convince a person of ordinary intelligence, judgment and experience, that it is reasonably likely that such offense was committed and that such person committed it". CPL §710.10(2). The Defendant contends that the factual allegations set forth in the Information failed to establish every element of Assault in the Third Degree. Penal Law §120.00(1) provides that a) a person is guilty of Assault in the Third Degree when... with intent to cause physical injury to another person, he causes such injury to such person or to a third person". Physical injury is...

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