Judge Louis L. Nock

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Weir, charged with DWI, moved to dismiss the information. He argued the July 26, 2016 and Oct. 11, 2016 certificates of readiness (CORs) prosecutors filed were invalid. Prosecutors stated their readiness for trial on the record in open court on Jan. 4, 2017. At the court appearance on Sept. 22 following the July 26 COR, prosecutors were not ready noting necessary police officer witnesses were assigned to security at the United Nations General Assembly. Prosecutors stated at the time of filing the July COR they had no way to know officers would be assigned to the UN duty in Sept. 2016. The court ruled prosecutors provided a valid reason for, as well as adequately explained, their change in readiness, finding the presumption the July 26 COR was truthful and accurate remained intact, hence, was valid. Yet, it found the Oct. 11 COR invalid noting prosecutors, again, stated not ready at the Nov. 17 court appearance following the COR. But, the court found prosecutors’ mere statement a witness was unavailable without providing any reason, nor explanation, was insufficient, and they failed to meet their burden of establishing a valid reason for their change in readiness post-COR. Also, as prosecutors did not exceed their CPL §30.30 time, dismissal was denied.

Judge Louis L. Nock

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Weir, charged with DWI, moved to dismiss the information. He argued the July 26, 2016 and Oct. 11, 2016 certificates of readiness (CORs) prosecutors filed were invalid. Prosecutors stated their readiness for trial on the record in open court on Jan. 4, 2017. At the court appearance on Sept. 22 following the July 26 COR, prosecutors were not ready noting necessary police officer witnesses were assigned to security at the United Nations General Assembly. Prosecutors stated at the time of filing the July COR they had no way to know officers would be assigned to the UN duty in Sept. 2016. The court ruled prosecutors provided a valid reason for, as well as adequately explained, their change in readiness, finding the presumption the July 26 COR was truthful and accurate remained intact, hence, was valid. Yet, it found the Oct. 11 COR invalid noting prosecutors, again, stated not ready at the Nov. 17 court appearance following the COR. But, the court found prosecutors’ mere statement a witness was unavailable without providing any reason, nor explanation, was insufficient, and they failed to meet their burden of establishing a valid reason for their change in readiness post-COR. Also, as prosecutors did not exceed their CPL §30.30 time, dismissal was denied.