Justice Ann Donnelly
Mehilli and his two sons were arrested for assault, arraigned in criminal court, and the case was adjourned for grand jury action. Immigration and Customs Enforcement Agency (ICE) agents were in the courtroom and arrested defendants on immigration violations, taking them into ICE custody, where they were held until being deported. The grand jury subsequently indicted defendants and the supreme court arraignment was adjourned. Despite serving certificates of readiness, prosecutors did not appear to have made any effort to produce defendants for arraignment. Defendants, through counsel, moved for dismissal under Criminal Procedure Law §30.30 on speedy trial grounds, alleging prosecutors made no effort to produce them at any point while they were still in the country, and arguing the statements of readiness were illusory. The court agreed, noting prosecutors knew since the day of the criminal court arraignment defendants were involuntarily absent from the jurisdiction as they were arrested by ICE agents and in federal custody. It ruled prosecutors did not produce defendants, even when they had the a chance to do so. The court charged prosecutors with all the time since the filing of the accusatory instrument, granting dismissal of the indictment.
