Opinion
No. 2022-619 S CR
12-07-2023
The People of the State of New York, Appellant, v. Amaury Torres, Respondent.
Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for appellant. Amaury Torres, respondent pro se (no brief filed).
Unpublished Opinion
Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for appellant.
Amaury Torres, respondent pro se (no brief filed).
PRESENT:: ELIZABETH H. EMERSON, J.P., JERRY GARGUILO, TIMOTHY S. DRISCOLL, JJ
Appeal from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Allen S. Mathers, J.H.O.), rendered July 11, 2022. The order, sua sponte, dismissed a simplified traffic information charging defendant with operating a motor vehicle without insurance.
ORDERED that the order is reversed, on the law, the simplified traffic information charging defendant with operating a motor vehicle without insurance is reinstated, and the matter is remitted to the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency for all further proceedings.
Defendant was charged in a simplified traffic information with operating a motor vehicle without insurance (Vehicle and Traffic Law § 319 [1]). In separate simplified traffic informations, defendant was also charged with, respectively, operating an unregistered motor vehicle (Vehicle and Traffic Law § 401 [1] [a]), unlicensed driving (Vehicle and Traffic Law § 509 [1]), and operating a motor vehicle on a public highway with improper license plates (Vehicle and Traffic Law § 402 [4]). At the arraignment, defendant informed the court that he wanted to plead guilty to the charges. However, once defendant indicated to the court that he was not the owner of the vehicle and had no knowledge of its insurance status, the court, sua sponte, dismissed the simplified information charging him with operating a motor vehicle without insurance (Vehicle and Traffic Law § 319 [1]).
It is well settled that a trial court can dismiss a pending criminal prosecution only upon the limited grounds set forth in the Criminal Procedure Law (see Matter of Holtzman v Goldman, 71 N.Y.2d 564 [1988]; People v Douglass, 60 N.Y.2d 194, 205 [1983]; People v Scott, 77 Misc.3d 138 [A], 2022 NY Slip Op 51363[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; People v Atta-Poku, 63 Misc.3d 131 [A], 2019 NY Slip Op 50414[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2019]; People v Tartaglione, 5 Misc.3d 126 [A], 2004 NY Slip Op 51190[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2004]), as a court does not possess the inherent power to order a dismissal (see Douglass, 60 N.Y.2d at 205; People v Spellman, 233 A.D.2d 254 [1996]; People v Roesch, 163 A.D.2d 429 [1990]; Atta-Poku, 2019 NY Slip Op 50414[U]). It was improper for the court to dismiss the simplified traffic information prior to trial, as there was no statutory ground for such sua sponte dismissal (see e.g. CPL 170.30).
Accordingly, the order is reversed, the simplified traffic information charging defendant with operating a motor vehicle without insurance is reinstated, and the matter is remitted to the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency for all further proceedings.
EMERSON, J.P., GARGUILO and DRISCOLL, JJ., concur.