The People v. Jordan H.
Court Lacks Legal Authority to Dismiss Despite DA's Abandonment of Pending Criminal Case
July 26, 2017 at 12:00 AM
2 minute read
Judge Brian Herman
The accusatory instrument alleged Jordan H. violated Penal Law §265.06—unlawful possession of a weapon on school grounds. Yet, the court received a letter from prosecutors indicating they declined to prosecute the matter, and Jordan orally moved for dismissal. Jordan moved in writing for the same relief, and prosecutors failed to make any submissions, but the court concluded it lacked legal authority to dismiss based solely on prosecutors' declaration they did not wish to pursue the matter after filing the accusatory instrument. It found no legal authority allowing prosecutors to abandon a pending criminal matter without obtaining leave of court. The court stated it did not find the term “decline to prosecute” anywhere in the CPL or Penal Code, and the fact the DA decided to abandon a pending criminal case did not, alone, terminate the matter. Also, it stated Jordan did not move under the relevant section of CPL §170.30 to obtain dismissal, concluding the affirmation in support of the instant motion failed to provide the sufficient facts for the court to make an interest of justice motion, sua sponte, as authorized under §170.40(2). Therefore, it granted the defense leave to renew the motion to dismiss on grounds within the CPL.
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