Judge John Wilson

Charged with criminal possession of a controlled substance, Felder sought dismissal of the complaint. He alleged prosecutors failed to comply with the 90-day limitations imposed on the prosecution of misdemeanors under Criminal Procedure Law §30.30. He also sought preclusion of the prosecutions’ evidence due to a failure to provide him with a copy of the lab analysis. The court noted it could not accept the statement of readiness made by prosecutors at arraignment in the absence of a lab report, but the absence of any evidence that Felder objected to prosecutions’ statement of readiness lead to the conclusion the adjournment period was excluded. Hence, it denied dismissal under §30.30, finding prosecutors were only charged with 35 days in the matter. Yet the court questioned if the unreasonable and unexplained delay in turning over the evidence to the defense required preclusion of the report. It agreed with Felder that the delay was unreasonable, but stated as he was provided with the report more than two months before the scheduled trial date, giving him more than adequate time to prepare a defense, and in the absence of any prejudice to him, there was no basis to preclude evidence.