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PEOPLE’S REQUEST FOR AN ADJOURNMENT WHEN TWO DEPUTIES DID NOT SHOW UP FOR A MAPP HEARING SHOULD HAVE BEEN GRANTED 4TH DEPT.

The Fourth Department, reversing County Court, determined County Court should have granted the People’s request for an adjournment after two deputies did not show up for a Mapp hearing:

We agree with the People that the court erred in refusing to grant their request for an adjournment. It is well settled that “the decision to grant an adjournment is a matter of discretion for the hearing court”… . There are, however, well settled considerations to help guide a court in the exercise of its discretion. As relevant herein, for instance, “when [a] witness is identified to the court, and is to be found within the jurisdiction, a request for a short adjournment after a showing of some diligence and good faith should not be denied merely because of possible inconvenience to the court or others” … . Additional relevant considerations in determining whether to grant a request for an adjournment include whether it was the moving party’s first request, whether the subject witness or witnesses would offer material testimony favorable to that party, and the degree of prejudice to the nonmovant … . Here, the deputies who conducted the warrantless search were under subpoena and were identified to the court. Contrary to defendant’s contention, the court was entitled to rely on the prosecutor’s representation in open court concerning the issuance of subpoenas inasmuch as a prosecutor is an officer of the court with an ” unqualified duty of scrupulous candor’ ” … . Moreover, the request was the People’s first request for an adjournment, the testimony of the witnesses would be material and favorable to the People, and there was minimal prejudice to defendant, who had been released from custody on his own recognizance. In contrast, the People suffered severe prejudice because the refusal to grant an adjournment resulted in the suppression of all physical evidence. People v Schafer, 2017 NY Slip Op 05551, 4th Dept 7-7-17

CRIMINAL LAW (PEOPLE’S REQUEST FOR AN ADJOURNMENT WHEN TWO DEPUTIES DID NOT SHOW UP FOR A MAPP HEARING SHOULD HAVE BEEN GRANTED 4TH DEPT)/ADJOURNMENTS (CRIMINAL LAW, PEOPLE’S REQUEST FOR AN ADJOURNMENT WHEN TWO DEPUTIES DID NOT SHOW UP FOR A MAPP HEARING SHOULD HAVE BEEN GRANTED 4TH DEPT)

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