People v Matthews

[*1] People v Matthews 2013 NY Slip Op 51567(U) Decided on September 24, 2013 Just Ct, Vil. Of Tuckahoe, Westchester County Fuller, J. 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 24, 2013
Just Ct, Vil. of Tuckahoe, Westchester County

The People of the State of New York, Plaintiff,

against

Dathlyn Matthews, Defendant.



XXXXX



Appearances of Counsel: Cynthia A. Adimari, Assistant District Attorney, for plaintiff.

Joseph G. Goubeaud, Jr., for defendant.

David Otis Fuller Jr., J.

The defendant is charged with endangering the welfare of a child [PL260.10 (1)] by permitting her minor son to live alone for about two months in an apartment rented from the complainant-landlord without electricity, (Superseding information dated September 12, 2013 ). She is also charged by superseding information, dated January 22, 2013, with criminal contempt, second degree [PL 215.50 (3)], for allegedly yelling out to the complainant-landlord in violation of a protective order prohibiting communication with her.The People had moved to consolidate two informations for trial under CPL 100.45 (1), which references CPL 200.20 (04), before the superseding information, dated September 12, 2013, had been filed, replacing an earlier charge. The court granted the motion to consolidate those charges.

Because the People have now filed a superseding information on the first charge, the two pending informations can no longer be consolidated, but the charges will remain separate until a new motion to join the new superseding charge with the other charge is filed and granted or a stipulation by counsel is filed consolidating the two.

_____________________________

David Otis Fuller, Jr.

VILLAGE JUSTICE

Dated: September 24, 2013 [*2]