Opinion
No. 2011–2474ORCR.
2012-12-10
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. The order granted defendant's motion to dismiss the accusatory instrument.
Present LaCAVA, J.P., IANNACCI and LaSALLE, JJ.
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 N.Y.2d 194, 206 [1983];People v. Roman, 35 Misc.3d 133[A], 2012 N.Y. Slip Op 50697[U] [App Term, 9th & 10th Jud Dists 2012]; People v. Murchinson, 31 Misc.3d 146[A], 2011 N.Y. 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.