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People v. Delvalle

Subsequent Indictment Directly Derived From Original Relates Back to Commencement

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DECISION & ORDER

*1 The defendant moves for an order, pursuant to CPL §§30.30 and 210.20, dismissing on speedy trial grounds two counts (Counts 7 and 10) of the captioned indictment.Upon consideration of the defendant’s moving papers, the People’s opposition papers, and the court record, the defendant’s motion is hereby denied.The defendant is charged here, under a superseding indictment, with sexual crimes and other offenses involving two complainants. The incidents involving the first complainant took place on or about and between October 15, 2015 and November 23, 2015. The second set of offenses, involving a different complainant, took place on January 11, 2016. In both cases the defendant is accused of displaying a badge to his victim and threatening to arrest her if she did not comply with his requests to perform oral sex.On March 19, 2016, the defendant was arraigned in Criminal Court on a felony complaint which charged him with Criminal Sexual Act in the Third Degree, Criminal Impersonation in the First Degree, Coercion in the Second Degree, and other crimes with respect to both sets of incidents. A grand jury indicted the defendant under Kings County Indictment No. 2501/2016 (“original indictment”) and he was arraigned thereon in Supreme Court on April 28, 2016.By decision and order dated October 27, 2016, the court (Foley, J.) dismissed Counts 7 and 10 (“subject counts”) of the original indictment, albeit with leave to represent those charges within 45 days of the court’s decision. Counts 7 and 10 charged the defendant with Criminal Sexual Act in the Third Degree and Criminal Impersonation in the First Degree, respectively, both relating to the January 11, 2016 incident.In May of 2017 the People re-presented their case to a grand jury, which indicted defendant for the same offenses charged in the original indictment, under Kings County Indictment Number 3632/2017 (“superseding

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