Fourth Department – Certificate of compliance: People v. Jones

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Certificate of compliance — Missing video — Holistic assessment

People v. Jones

KA 25-00421

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of attempted aggravated murder, attempted aggravated assault, and two counts of criminal possession of a weapon. He argues the court erred in failing to dismiss the indictment under CPL 30.30 because when the people filed their initial certificate of compliance, they had not provided him with a video recording of the police interviewing the defendant.

Ruling: The Appellate Division affirmed. The court held it would not have been particularly obvious to the people that the video footage was missing given the format in which all of the video footage was forwarded from the sheriff’s office and the volume of the discovery materials. By applying a holistic assessment of the people’s efforts to comply with automatic discovery provisions, rather than a strict item-by-item test, the Appellate Division determined that the people exercised due diligence and made reasonable efforts to satisfy their obligations.

Stephanie M. Stare, of the conflict defender’s office, for the defendant-appellant; Amy Walendziak, of the district attorney’s office, for the respondent.

Oral argument video