Judge John Wilson
Lizardi, charged with attempted criminal possession of stolen property, moved for dismissal. He argued the prosecution of this charge violated his due process rights, or alternatively, sought dismissal in the interest of justice. Lizardi was approached by an undercover officer who sought to sell a phone he stole from his girlfriend. Lizardi handed the officer $30 and was arrested. He argued the officer’s conduct rose to an egregious level warranting dismissal, citing People v. Isaacson. The court disagreed finding Lizardi’s reliance on Isaacson misplaced, stating the allegations did not rise to the level of egregious or reprehensible police misconduct or deprivation of fundamental fairness. Thus, it denied dismissal noting no due process violation existed. However, the court found there was no harm caused by the offense with which Lizardi was charged. As such, it ruled dismissal of the matter could only result in an increased confidence in the criminal justice system, compelling the court to grant Lizardi’s motion to dismiss this prosecution in the interest of justice. Hence, to foster fairness and justice, the court dismissed all charges against Lizardi.
