Name: Buffalo case dismissed after prosecutor failed to provide police video - NY Daily Record
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Buffalo case dismissed after prosecutor failed to provide police video - NY Daily Record

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Skip to contentBy: October 4, 2023HomeLawBuffalo case dismissed after prosecutor failed to provide police videoBy: October 4, 2023A Buffalo City Court judge dismissed a misdemeanor case because the prosecution did not provide required discovery material and violated the defendant’s right to a speedy trial.Defendant Antoine Williams was arraigned on Dec. 29, 2022. On March 6, Assistant Erie County District Attorney Ryan A. Fortuna declared readiness for trial and filed a certificate of compliance, claiming he provided all required discovery material.On June 8, Williams’ attorney, Osemudiamen Ojeme, filed a motion challenging the prosecution’s certificate of compliance, claiming there may be more police body camera footage that was not provided to the defense.The prosecution checked with the Buffalo Police Department, and on Aug. 15, additional body camera footage that should have been provided to the defense was found.Ojeme argued that the prosecution’s statement of readiness was illusory because they failed to meet their discovery obligations.Fortuna argued that “the People should only be sanctioned in an extent proportional to the prejudice suffered by the defendant,” according to the decision by Judge Rebecca L. Town.“The People’s analysis is entirely in contravention to the established standard of analysis for evaluating the People’s certificate of compliance,” Town wrote.“Where, as here, a defendant is charged with a misdemeanor, the People must declare readiness for trial within three months of the commencement of the action,” Town wrote.“Is clearly spelled out in the statute that ‘all items and information related to the prosecution of a charge in the possession of any New York state or local police, or law enforcement agency shall be deemed to be in the possession of the prosecution,” she wrote.Criminal Procedure Law Section 30.30 (5) states: “Any statement of trial readiness must be accompanied or preceded by a certification of good faith compliance with the disclosure requirements of section 245.20.”“Thus, the People’s statement of readiness for trial is illusory whenever a certificate of compliance is deemed improper,” Town wrote.“The People’s contention that a prejudice analysis should be used in determining the validity of the certificate of compliance and statement of readiness is inapposite to the clear standard set forth by the Fourth Department,” Town wrote.Before being informed there may be another police body camera recording that should be provided, the prosecution had given the defense 19 such recordings, Town noted.“However, on June 8, the defendant, with the clarity of purpose, signaled to the People a lingering suspicion that there existed additional undivulged camera footage,” Town wrote.“The People’s de minimis attempt at locating discoverable body camera footage owed to this defendant and providing this Court no explanation for their failure to do so, constitutes a lack of good faith, due diligence, and a failure to exercise a reasonable inquiry under the circumstance,” Town wrote.“Hence, this Court finds that the People’s original statement of readiness was illusory because its corresponding … discovery obligations, and consequently, certificate of compliance was not made in good faith, nor was its single discovery inquiry reasonable under the circumstances,” Town wrote.“Consequently, the time … to declare ready for trial on the instant misdemeanor information has expired and this case is dismissed for delay of prosecution,” Town wrote./ (585) 232-2035Share this!A New York appeals court has upheld a strangulation conviction while rejecting defense claims that the prosecu[...]October 5, 2023A Rochester man is being accused of fraudulently diverting more than $300,000 intended for real estate investm[...]October 3, 2023A New York appeals court has upheld a lower court ruling that determined how two law firms would share the pro[...]October 3, 2023Rochester Mayor Malik Evans has filled the vacancy created by the retirement of City Court Judge Teresa Johnso[...]October 3, 2023A New York appeals court has affirmed a murder conviction despite an error by the trial judge.October 2, 2023A New York appeals court has upheld a conviction in a burglary case and ruled that the defendant did not unequ[...]September 29, 2023Sign up for your daily digest of NY Daily News.See all Case DigestsNew Hire Renee Segina Moore, Associate, Litigation and Creditors’ Rights Practice Underberg &amp;a[...]New Hire Matthew M. 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Skip to contentBy: October 4, 2023HomeLawBuffalo case dismissed after prosecutor failed to provide police videoBy: October 4, 2023A Buffalo City Court judge dismissed a misdemeanor case because the prosecution did not provide required discovery material and violated the defendant’s right to a speedy trial.Defendant Antoine Williams was arraigned on Dec. 29, 2022. On March 6, Assistant Erie County District Attorney Ryan A. Fortuna declared readiness for trial and filed a certificate of compliance, claiming he provided all required discovery material.On June 8, Williams’ attorney, Osemudiamen...

Buffalo case dismissed after prosecutor failed to provide police video - NY Daily Record

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