People v Castillo (Gregorio)

[*1] People v Castillo (Gregorio) 2007 NY Slip Op 52264(U) [17 Misc 3d 135(A)] Decided on December 3, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through December 14, 2007; it will not be published in the printed Official Reports.

Decided on December 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570420/07.

The People of the State of New York, Appellant,

against

Gregorio Castillo and Eiry Nunez, Defendants-Respondents

The People appeal from an order of the Supreme Court of the State of New York, Bronx County (Troy K. Webber, J.), dated January l9, 2006, which, sua sponte, dismissed the accusatory instrument.

PER CURIAM:

Order (Troy K. Webber, J.), dated January l9, 2006, reversed, on the law, accusatory instrument reinstated, and cases remanded to Criminal Court for further proceedings.

The trial court's sua sponte dismissal of the accusatory instrument, apparently based upon the court's frustration with the People's delay in preparing for trial, was unwarranted, there being no demonstrated showing of a speedy trial violation or inherent power in the court to dismiss a criminal case for "failure to prosecute" (see People v Douglass, 60 NY2d 194, 197 [1983]). From a procedural standpoint, reversal is required because of the court's failure to adhere to the notice requirements of sections 170.45 and 210.45 of the Criminal Procedure Law (see People v Littles, 188 AD2d 255, 256 [1992], lv denied 81 NY2d 842 [1993]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 3, 2007