People v. Podsadowski

• Decision Date: 20 June 2015
• Docket Number: 14070316
• Citation: 2015 NY Slip Op 50935 (U)
• Parties: The People of the State of New York, Plaintiff, vs. v. Casey A. Podsadowski, Defendant.
• Court: New York Justice Court

2015 NY Slip Op 50935(U)

The People of the State of New York, Plaintiff, vs.
v.
Casey A. Podsadowski, Defendant.

14070316

Just Ct of the Town of Lockport, Niagara County

Decided on June 20, 2015

APPEARANCE OF COUNSEL

MICHAEL J. VIOLANTE, NIAGARA COUNTY DISTRICT ATTORNEY,

BY MEGHAN L. DOBSON, FOR THE PEOPLE

ANN M. NICHOLS, FOR THE DEFENDANT

Leonard G. Tilney Jr., J.

HISTORY OF CASE

Defendant was arraigned by this Court on July 22, 2014 on various Penal Law and Vehicle and Traffic charges. Defense Counsel appeared August 14, 2014 and the People requested a pretrial to speak with witnesses. The matter was set down for status October 2, 2014 and an additional pretrial was scheduled for October 23, 2014 at which time the Defendant rejected a plea offer and requested a non-jury trial. Because of an anticipatory maternity leave of Defense Counsel, the parties agreed to schedule the trial February 12, 2015. On that date the People requested an adjournment citing law office failure to notify a witness. As is the custom of this Court either side is generally granted one adjournment with the proviso that the Criminal Procedure clock (C.P.L. §30.30) was running. A new trial date was scheduled for April 13, 2015. The People were not ready again, indicating one of their witnesses was incarcerated in Erie

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County, a fact found out only a week before, and they did not have enough time to request and receive from a Superior Court a transport Order. A second adjournment was requested by the People which was denied by the Court and the case was placed on our reserve calendar pursuant to People vs. Douglass, 60 NY2d 194, with a control date of May 12, 2015 for dismissal pursuant to C.P.L. §30.30. In the interim, the People move to restore this case to the Court's regular calendar.

POSITION OF PARTIES

The People posit that their key witness, Anthony Galante, who did not appear February 12, 2015, had been attempted to be served with a subpoena, prior to the trial date, but that was unsuccessful as his address was stale. On April 8, 2015 the People were advised...