People v. Ramirez, CR-001313-21NY

CourtNew York Criminal Court
Writing for the CourtEric Schumacher, J.
Citation155 N.Y.S.3d 537,73 Misc.3d 664
Parties The PEOPLE of the State of New York, v. Estiver RAMIREZ, Defendant.
Docket NumberCR-001313-21NY
Decision Date19 October 2021

73 Misc.3d 664
155 N.Y.S.3d 537

The PEOPLE of the State of New York,
v.
Estiver RAMIREZ, Defendant.

CR-001313-21NY

Criminal Court, City of New York, New York County.

Decided on October 19, 2021


155 N.Y.S.3d 538

Janet E. Sabel, Albany, The Legal Aid Society (Christina Francois of counsel), for defendant.

Cyrus R. Vance, Jr., New York (Lindley Round of counsel), for the People.

Eric Schumacher, J.

73 Misc.3d 665

Motion by defendant Estiver Ramirez for an order deeming the prosecution's certificate of compliance improper under CPL 245.50(1) and dismissing the information pursuant to CPL 30.30(1)(b) and 170.30(1)(e) is granted.

BACKGROUND

Defendant pled not guilty to a top charge of Penal Law § 120.00, assault in the third degree, a class A misdemeanor, at his arraignment on April 16, 2021. The court converted the complaint to an information and released defendant on his own recognizance, and he is at liberty.

As is relevant here, on June 28, 2021, the prosecution filed off-calendar a certificate of compliance, certificate of readiness, automatic discovery form and notice pursuant to CPL 710.30, and a Rosario and discovery list. On July 29, 2021, defendant filed this motion for an order deeming the prosecution's certificate

73 Misc.3d 669

of compliance improper under CPL 245.50(1) and dismissing the information pursuant to CPL 30.30(1)(b) and 170.30(1)(e).

Defendant argues, in sum and substance, that the police officers on scene took photographs, but the prosecution did not produce them to defendant. Defendant further argues that the prosecution did not produce certain photographs taken by civilians, certain medical records, related reports as to the complaining witness, and certain disciplinary record disclosures of the arresting officer.

The prosecution argues in opposition, as to the photographs taken by police officers, that:

155 N.Y.S.3d 539
"the defense is already in possession of the body-worn camera that captures the responding EMTs and officers’ interactions with the complaining witness.
73 Misc.3d 666
That body-worn camera footage certainly depicts the state of the complaining witness in greater detail than would a still photo, and as such, no prejudice flowed from this omission. In any event, the People have been diligent and acted in good faith in attempting to obtain [the photographs taken by police officers] in response to defense counsel's request. On August 18, 2021, the People attempted to contact the arresting officer by phone and email in order to request the photos, but received no response."

(The prosecution's affirmation in opposition at 25-26.)

Defendant argues in reply that the datasheet and body-worn camera indicate that the arresting officer took photographs of the complaining witness's alleged head injuries on the date of the occurrence, December 28, 2020, but the prosecution has not produced them to defendant. Defendant further argues that the prosecution by definition has not been diligent in producing the photos because it knew about the arresting officer's photographs before the April 16, 2021 arraignment but did not attempt to contact the arresting officer until August 18, 2021.

DISCUSSI...

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1 practice notes
  • People v. Audino, Docket No. CR-025399-21NY
    • United States
    • New York Criminal Court
    • June 7, 2022
    ...the subject incident as required under CPL 245.20(1)(e) and (k). Defendant cites to this court's decision and order in People v Ramirez (73 Misc.3d 664 [Crim Ct, NY County 2021, Schumacher, J.]). That decision granted the defendant's motion to deem a certificate of compliance improper and d......
1 cases
  • People v. Audino, Docket No. CR-025399-21NY
    • United States
    • New York Criminal Court
    • June 7, 2022
    ...the subject incident as required under CPL 245.20(1)(e) and (k). Defendant cites to this court's decision and order in People v Ramirez (73 Misc.3d 664 [Crim Ct, NY County 2021, Schumacher, J.]). That decision granted the defendant's motion to deem a certificate of compliance improper and d......

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