Opinion
2013-1732 N CR
02-17-2015
The People of the State of New York, Appellant, v. John Doxey, Respondent.
PRESENT: : , TOLBERT and GARGUILO, JJ.
Appeal from an order of the Justice Court of the Village of Muttontown, Nassau County (Martin J. Kaminsky, J.), dated July 24, 2013. The order, on the court's own motion, dismissed the accusatory instrument in the furtherance of justice.
ORDERED that the order is reversed, on the law, the accusatory instrument is reinstated, and the matter is remitted to the Justice Court for a determination de novo of the court's own motion to dismiss the accusatory instrument in the furtherance of justice after affording the People an opportunity to oppose the motion.
Defendant was charged with violating section 62-3 of the Code of the Village of Muttontown. At the plea proceedings, the court, on its own motion, dismissed the accusatory instrument in the furtherance of justice (see CPL 170.30 [1] [g]; 170.40 [2]) without affording the People an opportunity to provide the court with any evidence or to assert an argument in opposition to the motion.
Where a court dismisses an accusatory instrument in the furtherance of justice without affording the People an adequate opportunity to fully develop the issues and contest the basis upon which the dismissal in the furtherance of justice is made, reversal is warranted (see People v Russ, 19 AD3d 746, 747 [2005]; People v Arroyo, 12 Misc 3d 133[A], 2006 NY Slip Op 51181[U] [App Term, 9th & 10th Jud Dists 2006]).
Accordingly, the order is reversed, the accusatory instrument is reinstated, and the matter is remitted to the Justice Court for a determination de novo of the court's own motion to dismiss the accusatory instrument in the furtherance of justice after affording the People an opportunity to oppose the motion.
Marano, J.P., Tolbert and Garguilo, JJ., concur.
Decision Date: February 17, 2015