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People v. Haneiph

Criminal Court of the City of New York, Kings County

June 25, 2002, Decided

Docket No. 2001KN063974

Opinion

 [*739]  [**405]   John W. Carter, J.

Defendant, Heathcliff Haneiph, stands charged with attempted criminal possession  [**406]  of a controlled substance in the seventh degree, a class B misdemeanor, under docket No. 2001KN063974. Defendant now moves to dismiss the information and underlying complaint pursuant to CPL 30.30 on the ground that the People have failed to answer ready for trial within the statutory period. In his motion, defendant contends that the four Executive Orders issued by Governor Pataki suspending certain provisions of CPL 30.30 in response to the events of September 11, 2001 are unconstitutional. Based upon the court's examination of the court papers, defendant's motion, the People's affirmation in opposition and defendant's reply, the court now [***2]  makes the following findings of fact and conclusions of law.

Findings of Fact 

On August 11, 2001, defendant was arraigned on the charge of criminal possession of a controlled substance in the seventh degree, a class A misdemeanor ( Penal Law § 220.03). At arraignment, the People served and filed a supporting deposition as well as a field test. Defendant was released on his own recognizance and the case was adjourned to October 1, 2001 for discovery by stipulation. Although the People allege that they answered ready for trial at arraignment, the minutes of defendant's arraignment contain no such statement of readiness.

On September 11, 2001, terrorists attacked and destroyed the World Trade Center. That day, Governor Pataki issued Executive Order No. 113, in which he declared a disaster emergency in the State of New York (see, 9 NYCRR 5.113).

] On September 12, 2001, Governor Pataki issued Executive Order No. 113.7, which suspended " Sections 30.10 and 30.30 of the Criminal Procedure Law, so far as it bars criminal prosecutions whose limitation period concludes during the period commencing [***3]  from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice" ( 9 NYCRR 5.113.7).

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191 Misc. 2d 738 *; 745 N.Y.S.2d 405 **; 2002 N.Y. Misc. LEXIS 818 ***

The People of the State of New York, Plaintiff, v. Heathcliff Haneiph, Defendant.

Disposition:  [***1]  Defendant's motion to dismiss the complaint denied.

CORE TERMS

executive order, adjourned, misdemeanor, answered, disaster, emergency, arraignment, provisions, felony, separation of powers, defense counsel, chargeable, discovery, suspended

Criminal Law & Procedure, Trials, Defendant's Rights, Right to Speedy Trial, Governments, State & Territorial Governments, Employees & Officials, Legislation, Statute of Limitations, General Overview, Time Limitations, Constitutional Law, Fundamental Rights, Criminal Process, Speedy Trial, Preliminary Proceedings, Speedy Trial, Separation of Powers, Case or Controversy, Constitutionality of Legislation