DWI conviction reversed

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A Wayne County Court Judge has dismissed a drunk driving conviction on speedy trial grounds.

Defendant Courtney L. Clement filed a motion challenging the validity of the prosecutor’s certificate of compliance and statement of readiness for trial on the grounds she was denied a speedy trial because of incomplete and untimely discovery.

The motion was denied in Marion Town Court and Clement appealed to County Court where the decision was reversed by Judge Daniel G. Barrett.

“The fundamental issue this Court has to address is whether the People were ready for trial within ninety (90) days of the commencement of the criminal action,” Barrett wrote.

Clement was arrested and charged with aggravated driving while intoxicated, and other charges on Nov. 6, 2019.

She was arraigned on Jan. 8, 2020, which started the 90-day clock for the prosecution.

The prosecution first announced their readiness for trial in a letter to the court dated Nov. 13, 2019. On Dec. 20, 2019, the prosecutor sent some discovery material to Clement’s lawyer, but it did not include body camera video of the traffic stop and field sobriety test.

On Jan. 22, 2020, Clement appeared in court with an attorney who requested all discovery and body cam evidence. The prosecutor said he did not have access to the evidence, but he would have it retrieved.

At the next court appearance was on Feb. 26, 2020, when Clement appeared with a substitute defense counsel. The prosecutor incorrectly told the justice that the body cam video had already been provided to the defense.

Relying on the incorrect information, the substitute defense counsel asked the justice to adjourn the case to give him time to review the video. The case was adjourned until March 25, 2020.

On March 20, 2020, then-Gov. Andrew Cuomo issued an executive order suspending speedy trial rules because of the COVID-19 pandemic.

On Aug. 7, 2020, court cases resumed. The case was in Marion Town Court again on Aug. 26, 2020, when the defense once again demanded the body cam video.

On Sept. 23, 2020, the case was in town court again and the prosecutor filed a new certificate of compliance and statement of readiness.

But the video cam evidence still had not been provided to defense counsel at that time. The prosecutor told the justice that the body cam footage would be provided the next day and it was provided on Sept. 24, 2020.

Clement pleaded guilty to the charges on March 24, 2021. But the total time charged to the prosecutor was 91 days, Barrett determined.

“The People were not ready for trial within 90 days of the arraignment. Thus, this action is dismissible,” he wrote.

The justice in Marion denied the defense motion on the grounds that the defense “failed to show prejudice under CPLR 245.80 as an added requirement for CPL 30.30 relief.”

Barrett ruled that was an error.

“CPL 30.30 requires the People to be ready for trial within 90 days or the matter can be dismissed by defense motion based on time and nothing else. A showing of prejudice has never been required when the Court of Appeals has specifically held,” Barrett wrote.

“The statutory right to dismissal against a defendant if the prosecutor is not ready for trial… is based upon policy reasons and does not require consideration of prejudice to defendant,” he wrote.

“The record is bereft of any explanation by the DA’s office for its failure to produce the video cam footage,” he wrote.

The prosecutor “did not file a motion or offer any “good cause” or “exceptional circumstances” to extend the time or justify the withholding of the body cam evidence.”

Barrett reversed the lower court and dismissed the charges.

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