38 Misc. 3d 506
City of New York Municipal Cou...2012Background
- Arraignment on 3 counts (two disorderly conduct, one resisting arrest) on June 14, 2012.
- DA initially prosecuted; by Oct. 4, 2012, DA stated he would not prosecute or participate in motion practice.
- Defendant sought dismissal for failure to prosecute under CPL 170.30 and related authority; court declined to dismiss on this ground.
- Court recognizes prosecutorial discretion but holds that a DA’s initial prosecution does not permit dismissal for failure to prosecute; proper grounds are limited to CPL provisions.
- Court addresses facial sufficiency of informations, noting sufficient nonhearsay factual allegations and lawful order, and finds underlying facts support probable cause for arrest underlying the resisting arrest charge.
- Court grants hearings on issues of Molineux/Sandoval/Ventimiglia, Huntley, and Dunaway, and directs related pretrial proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal for failure to prosecute permitted? | Donnaruma argues failure to prosecute warrants dismissal. | People argue prosecutorial discretion cannot be ignored; dismissal improper. | Denial of dismissal for failure to prosecute; not a cognizable ground under Douglass. |
| Facial sufficiency of informations? | Informations allege intent to cause public annoyance; support lacking. | Allegations suffice; lawful orders alleged. | Facial insufficiency denied; sufficient nonhearsay facts to establish elements. |
| Need for Brady material? | Discovery of favorable exculpatory material required. | People must disclose if in possession; no specific material identified here. | Brady material to be disclosed if and when in the People’s possession. |
| Need for Rosario material and notices? | Disclosures required under Rosario CPL provisions. | Duties acknowledged; compliance required. | Reminded of Rosario duties; sanctions possible for noncompliance. |
| Pretrial evidentiary hearings (Molineux/Sandoval/Ventimiglia) and Huntley; suppression/dominant issues? | Requests for pretrial hearings on prior crimes and statements. | Rights to impeach and introduce prior acts; standard procedures apply. | Molineux/Sandoval/Ventimiglia hearing granted; Huntley hearing granted; timing to be set. |
Key Cases Cited
- People v. Douglass, 60 N.Y.2d 194 (N.Y. 1983) (trial court lacks authority to dismiss for failure to prosecute; all dismissals limited by CPL)
- People v. Di Falco, 44 N.Y.2d 482 (N.Y. 1978) (prosecutorial discretion limited; all dismissals within CPL framework)
- People v. Cantwell v. Ryan, 309 A.D.2d 1042 (3d Dept 2003) (discretionary powers of DA; related due process concerns)
- People v. Kalin, 12 N.Y.3d 225 (2009) (nonhearsay sufficiency standard for facial challenges; elements must be pled)
- People v. Cloke v. Pulver, 243 A.D.2d 185 (3d Dept 1998) (DA’s jurisdictional limits and court control over proceedings)