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The People of the State of New York v. Erick S. Ramos

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


December 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
APPELLANT,
v.
ERICK S. RAMOS,
RESPONDENT.

Appeal from an order of the Justice Court of the Town of Goshen, Orange County (Kimberly C. Van Hasster, J.), issued May 20, 2011.

People v Ramos (Erick)

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on

PRESENT: LaCAVA, J.P., IANNACCI and LaSALLE, JJ

The order granted defendant's motion to dismiss the accusatory instrument.

ORDERED that the order is reversed, on the law, defendant's motion to dismiss the accusatory instrument is denied, the accusatory instrument is reinstated, and the matter is remitted to the Justice Court for all further proceedings.

Defendant was charged with making a punishable false written statement in violation of Penal Law § 210.45. Prior to the commencement of trial, the Justice Court granted defendant's oral motion to dismiss for failure to prosecute after the People had stated that they were not ready to proceed to trial. As the court had no statutory or inherent authority to dismiss the criminal proceeding for failure to prosecute (see People v Douglass, 60 NY2d 194, 206 [1983]; People v Roman, 35 Misc 3d 133[A], 2012 NY Slip Op 50697[U] [App Term, 9th & 10th Jud Dists 2012]; People v Murchinson, 31 Misc 3d 146[A], 2011 NY Slip Op 50943[U] [App Term, 9th & 10th Jud Dists 2011]), defendant's motion should have been denied.

Accordingly, the order is reversed, defendant's motion to dismiss the accusatory instrument is denied, the accusatory instrument is reinstated and the matter is remitted to the Justice Court for all further proceedings.

LaCava, J.P., Iannacci and LaSalle, JJ., concur. Decision Date: December 10, 2012

20121210

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