Assault, weapon charges dismissed on speedy trial grounds

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A judge in Westchester County has dismissed assault and weapon charges against a defendant on speedy trial grounds.

Defendant Norell Williams was charged in a misdemeanor information with fourth-degree criminal possession of a weapon, second-degree menacing, criminal obstruction of breathing or blood circulation, five counts of second-degree harassment, and five counts of third-degree assault.

Under state law, the prosecution had 181 days to put Williams on trial, but failed to do so. As a result, Williams’ attorney, Daniel Harnick, filed a motion to dismiss the case.

In a decision released Sept. 30, Mount Vernon City Court Judge Lyndon D. Williams granted the motion and dismissed the charges.

Harnick argued that the prosecution took 277 days to file the superseding accusatory instrument and state their readiness for trial on July 8.

Harnick argued that the prosecution did not cite any unusual circumstances for the delay.

After being arraigned on Sept. 11, 2020, the defense requested an adjournment until Oct. 21, 2020. On Oct. 21, 2020, the defense against asked for an adjournment until Nov. 23.

Therefore, the prosecution argued, the time from Sept. 11, 2020, through Nov. 23, 2020, (73 days), is excludable.

The prosecution acknowledged that on Nov. 23, 2020, they were not ready for trial and requested an adjournment to Dec. 22, 2020, and those 29 days are chargeable to the prosecution.

The prosecution also acknowledged that on Dec. 22, they were not ready and requested an adjournment to Jan. 28. But the prosecution argued that only nine days — from Dec, 22 to Dec. 30 — were chargeable because, on Dec. 30, Gov. Andrew Cuomo issued an executive order that limited court activity because of the COVID-19 pandemic.

On that basis, the prosecution claims only 84 days could be charged to the prosecution.

In calculating the time that accrued, Judge Williams excluded the time from Sept. 11, 2020 through Nov. 23, when the defense sought adjournments.

But Judge Williams ruled that the executive orders did not provide an excuse for the prosecution to delay the case.

Williams charged the prosecution with the time from November 23, 2020, through to July 8, 2021 — 227 days — and granted the defense motion.

Judge Williams wrote that Cuomo’s executive order initially limited all court activity, but as the court system adapted to the challenges of the pandemic, the subsequent orders gradually narrowed the parameters and excused the prosecution from speedy trial requirements only “to the extent necessary” for a limited set of circumstances.

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