People v. Ramirez
Decision Date | 19 October 2021 |
Docket Number | CR-001313-21NY |
Citation | 155 N.Y.S.3d 537,73 Misc.3d 664 |
Parties | The PEOPLE of the State of New York, v. Estiver RAMIREZ, Defendant. |
Court | New York Criminal Court |
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
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.
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
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:
"the defense is already in possession of the body-worn camera that captures the responding EMTs and officers’ interactions with the complaining witness.
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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People v. Audino
...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, 155 N.Y.S.3d 537 (Crim. Ct., N.Y. County 2021, Schumacher, J.). That decision granted the defendant's motion to deem a certificate of comp......
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People v. Ventura
...is for the People to certify compliance with discovery obligations pursuant to CPL § 245.20. See CPL § 245.50(1) and People v Ramirez, 73 Misc.3d 664, 155 N.Y.S.3d 537 [Crim Ct, NY Cnty 2021]. Here, the People initially certified that they had complied with their discovery obligations as to......
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People v. Ventura
...is for the People to certify compliance with discovery obligations pursuant to CPL § 245.20. See CPL § 245.50(1) and People v. Ramirez , 73 Misc. 3d 664, 155 N.Y.S.3d 537 [Crim. Ct., N.Y. Cnty 2021]. Here, the People initially certified that they had complied with their discovery obligation......
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