The case People v W* (R*) centers on the defendant's conviction for endangering the welfare of a child, which was ultimately reversed on appeal due to statutory speedy trial violations. The crux of the appellate decision hinged on the prosecution's failure to properly disclose investigative records from the Special Commissioner of Investigation for the New York City School District (SCI), a law enforcement agency.
The defendant, RW, was initially charged with multiple offenses, including sexual abuse in the third degree and harassment. The prosecution filed a certificate of compliance (COC) and statement of readiness (SOR) for trial, asserting that all required discovery materials had been disclosed. However, W moved to vacate the COC and SOR, arguing that the prosecution had failed to provide SCI records, which were crucial to the case. The trial court denied this motion, reasoning that the SCI was not acting as a law enforcement agency in this matter and that the prosecution had made a diligent effort to comply with discovery requirements.
On appeal, the Appellate Term, Second Department, disagreed with the trial court's assessment and found that the SCI, as an investigative arm of the New York City Department of Investigation, qualified as a law enforcement agency under CPL 245.20. Consequently, the prosecution was obligated to disclose SCI records as part of its automatic discovery obligations. The appellate court determined that the prosecution had not exercised due diligence in obtaining these records before filing its COC, rendering the COC invalid. Since the prosecution's readiness for trial was contingent upon a valid COC, the SOR was also deemed invalid.
Given that more than 90 days of delay were attributable to the prosecution, the appellate court ruled that Weiss's statutory right to a speedy trial had been violated. As a result, the judgment of conviction was reversed, the accusatory instrument was dismissed, and any fines paid by W were remitted.
This case underscores the importance of strict adherence to discovery obligations under CPL article 245 and the consequences of failing to meet statutory speedy trial requirements. The ruling reinforces the principle that prosecutorial readiness must be accompanied by genuine compliance with disclosure mandates, ensuring fairness in criminal proceedings.
Talk about readiness being unreal ....
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DECISION