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THE PEOPLE DID NOT DEMONSTRATE THEY EXERCISED DUE DILIGENCE IN BRINGING A POLICE OFFICER TO COURT TO TESTIFY AT A PRETRIAL HEARING; THE 33-DAY DELAY WAS UNREASONABLE AND CHARGEABLE TO THE PEOPLE; DEFENDANT’S SPEEDY TRIAL MOTION SHOULD HAVE BEEN GRANTED (FOURTH DEPT).

The Fourth Department determined defendant’s speedy trial motion should have been granted and the indictment was dismissed. A 33-day delay in having a police officer come to court to testify at a pretrial hearing was deemed unreasonable and chargeable to the People:

The People announced readiness in July 2021 and, subsequently, a combined Huntley and Mapp hearing was held on December 8, 2021. After two officers from the Rochester Police Department testified at that hearing, the prosecutor stated that a third officer was “currently not allowed to come to court due to an ongoing investigation by the Attorney General’s Office.” The prosecutor said that he was unsure of “who” was telling the officer “not to come to court.” The court thus adjourned the hearing and, ultimately, the officer testified on January 10, 2022, i.e., 33 days later.

… The People failed to establish that they exercised due diligence, i.e. ” ‘credible, vigorous activity’ to make the witness available” … . People v Beason, 2025 NY Slip Op 05598, Fourth Dept 10-10-25

Practice Point: Here a 33-day unexplained delay in bringing a police officer to court to testify at a pretrial hearing was deemed unreasonable and chargeable to the People.

 

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