People v. Martinez, 2025 NY Slip Op 51238(U)

Jarris M. Suchite Martinez was charged with one count of Attempted Aggravated Harassment in the 2nd Degree, a B misdemeanor, and arraigned on December 24, 2024.
The prosecution obtained a temporary protective order to withhold certain law enforcement disciplinary records until May 16, 2025.
After the deadline, the prosecution neither disclosed the records nor filed a new request for a continued protective order.
On March 17, 2025, the prosecution filed a Certificate of Compliance (COC) and Certificate of Readiness (COR), asserting readiness for trial.
The defense moved to dismiss on CPL §30.30 grounds, arguing the prosecution was not truly ready for trial because of incomplete discovery.
The key dispute was whether the prosecution’s readiness was illusory given failure to comply with discovery orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
CPL §30.30 speedy trial compliance	Ready for trial; no further time should be charged	Over 60-day limit; not ready due to undisclosed discovery	Not compliant; time charged
Withholding discovery without renewed order	Protective order still justified, notice given by email	Failure to file for extension; defense deprived of discovery	Must file formal application
Validity of Certificate of Compliance	COC and COR are valid despite withheld records	COC/COR invalid as discovery incomplete	COC/COR deemed illusory
Remedies for discovery violation	Sanction should not be time-charged to prosecution	Dismissal required for excessive speedy trial time	Dismissal granted

People v. Belfon, 181 AD3d 696 (2nd Dept., 2020) (defense entitled to participate in protective order determination)
People v. Bonifacio, 179 AD3d 977 (2nd Dept., 2020) (standard for granting protective orders in discovery)
People v. Griggs, 180 AD3d 853 (2nd Dept., 2020) (procedures for continuing or revisiting discovery protective orders)