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People v. Morales

Criminal Court of the City of New York, Kings County

February 27, 2012

The People of the State of New York,
v.
Arturo Morales, Defendant.

For the People, Charles J. Hynes, District Attorney, Kings County, by Erin O'Connor, Esq., Assistant District Attorney.

For the Defendant, Hilda E. Quinto, Esq., Quinto Law, PC.

Hon. John H. Wilson, JCC

Defendant is charged with Assault in the Third Degree (PL Sec. 120.00), and Endangering the Welfare of a Child (PL Sec. 260.10), both Class A misdemeanors; Attempted Assault in the Third Degree (110/120.00) and Menacing in the Third Degree (PL Sec. 120.15), both Class B misdemeanors. [1]

By omnibus motion dated December 6, 2011, Defendant seeks the following: dismissal of all charges, asserting that the People's complaint is facially insufficient; dismissal in the interests of justice; discovery; and suppression of all statements, and all physical evidence.

The Court has reviewed the Court file, Defendant's motion, and the People's Response dated January 26, 2012. For the reasons stated below, the motion to dismiss for facial insufficiency and in the interests of justice are denied.

The motion for discovery is granted to the extent that the People are directed to providepre-trial disclosure of all materials subject to CPL Sec. 240.20, as well as all exculpatory materials to the defense, and the People are reminded of their continuing obligations under People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448 (1961) and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963).

The motions for pre-trial hearings are granted, to the extent of ordering a hearing to determine if there was probable cause for Defendant's arrest; and whether or not Defendant's statements were taken in violation of his rights under the United States and New York Constitutions.

FACTUAL STATEMENT

Pursuant to the Criminal Court Complaint, dated May 12, 2011, between May 6, 2011 and May 8, 2011, at 1715 Bleecker Street, Brooklyn, NY, Defendant is alleged to have caused "bruising and redness" to the "buttocks and thighs" of his 2 year old son. The child's mother, Complainant Sasha Garcia, states that she took the child "to Defendant's home for the weekend, and that when (the child) returned from the weekend with Defendant, Informant observed numerous bruises and welts to (the child's) buttocks and thighs."

Police Officer Vincent Campo also alleges in the Complaint, that he observed these marks on the child, and that "Defendant admitted to hitting" the young Complainant.

Defendant, was arrested on May 11, 2011, and arraigned on the next day. At the arraignment, Defendant received written notice of his statement, to the effect that he had spanked the child, pursuant to CPL Sec. 710.30(1)(a). He was released in his own recognizance, and remains at liberty in this matter to date.

On June 23, 2011, the corroborating affidavit of the child's mother was filed with the Court, and the Criminal Court ...


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