People v. Taback, 2021-21350

CourtNew York County Court
Writing for the CourtHONORABLE ROBERT J. PRISCO, County Court Judge.
Docket Number2021-21350,Indictment 2021-210
PartiesThe People of the State of New York v. Michael Taback, Defendant.
Decision Date22 November 2021

The People of the State of New York
v.

Michael Taback, Defendant.

No. 2021-21350

Indictment No. 2021-210

County Court, Orange County

November 22, 2021


HON. DAVID M. HOOVLER, Attn: Assistant District Attorney Richard J. Giordano.

LARKIN INGRASSIA L.L.P. Attorney for Defendant Michael Taback Attn: John Ingrassia, Esq.

HONORABLE ROBERT J. PRISCO, County Court Judge.

Defendant MICHAEL TABACK is charged by Indictment Number 2021-210 with one count of Assault in the First Degree pursuant to Penal Law [PL] § 120.10 (1) [First Count] and one count of Assault in the Second Degree pursuant to PL § 120.05 (2) [Second Count]. The charges pertain to Defendant's alleged shooting and pistol whipping of an individual at approximately 11:23 p.m. on October 16, 2020, in the vicinity of the Golden Rail Ale House, located at 29 Old North Plank Road in the Town of Newburgh.

On July 6, 2021, Defendant was arraigned by this Court on the charges contained in Indictment Number 2021-210 and the Court acknowledged receipt of the People's Statement of Readiness which has, inter alia, a Notice and Disclosure Form, a Certificate of Compliance dated July 6, 2021, a three-page Index and twenty-three "Compliance Report for Discovery Package" pages identifying items and materials that were provided and made available to defense counsel, and three "eDiscovery Instructions" pages attached thereto. Within the Statement of Readiness and the Certificate of Compliance, the People aver that they "are in all respects ready for trial" and they so announced at Defendant's arraignment in response to this Court's inquiry of actual readiness (see CPL § 30.30 (5)).

The Court received Defendant's Notice of Motion, accompanying Affirmation and nine exhibit attachments, seeking various forms of judicial intervention and relief including, but not limited to, dismissal of the indictment on the ground that the defendant's right to a speedy trial pursuant to CPL §§ 210.20 (1) (g) and 30.30 (1) (a) was violated.

The Court thereafter received the People's Supplemental Certificate of Compliance, and an attached one-page Index identifying ten additional items and materials that were provided and made available to defense counsel. The Supplemental Certificate of Compliance sets forth that "[t]he People are in all respects ready for trial."

The People filed an Affirmation in Response [1] with a copy of Executive Order 202.87 attached thereto, an unredacted certified copy of the stenographic transcript of the June 2, 2021 Grand Jury proceeding, and twelve Grand Jury Exhibits.

Defendant subsequently filed a Reply Affirmation in which, inter alia, he again seeks dismissal of the indictment on the grounds that his right to a speedy trial pursuant to CPL §§ 210.20 (1) (g) and 30.30 (1) (a) was violated and argues that the People's reliance upon Executive Order 202.87 to toll the time periods of CPL § 30.30 is misplaced. Five additional exhibit attachments are attached to Defendant's Reply Affirmation.

After consideration of the above referenced submissions, the Court decides Defendant Taback's motion as follows:

DEFENDANT'S MOTION TO DISMISS ON SPEEDY TRIAL GROUNDS IS GRANTED.

Pursuant to CPL§§ 210.20 (1) (g) and 30.30 (1) (a), Defendant requests that the Court dismiss the charges filed against him because "he has been denied a speedy trial."

Specifically, Defendant contends that the "eight months and nineteen days of time" from October 17, 2020 (the date that the felony complaint was filed) through July 6, 2021 (the date that the People filed the Certificate of Compliance and announced their readiness for trial) are chargeable to the People. [2]

In response, the People contend that Defendant's right to a speedy trial has not been denied due to former New York State Governor Andrew Cuomo's issuance of Executive Order 202.87, which, they assert, suspended CPL § 30.30 from December 30, 2020, until it was rescinded by Executive Order 202.106 on May 23, 2021. While conceding that the 75 days from October 17, 2020 (the date that the felony complaint was filed) through December 30, 2020 (the effective date of Executive Order 202.87) and the 43 days from May 23, 2021 (the end date of Executive Order 202.87) through July 6, 2021 (the date that the People filed the Certificate of Compliance and announced their readiness for trial) are chargeable to them, the People aver that the 144 days from December 30, 2020 through May 23, 2021 (the applicable dates of Executive Order 202.87) are excludable and not chargeable to them.

"Pursuant to CPL § 30.30 (1) (a), the People must be ready for trial within six months of the commencement of a criminal action accusing a defendant of a felony offense" (People v Clarke, 28 N.Y.3d 48, 52 [2016], quoting People v Carter, 91 N.Y.2d 795, 798 [1998]; see People v Price, 14 N.Y.3d 61 [2010]; People v Bowman, 197 A.D.3d 714, 714...

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