Judge Jason Cook

Taylor, indicted for criminal injection of a narcotic, and criminal sale of a controlled substance, among other things, sought dismissal of these two counts asserting Penal Law §220.78(1)—the Good Samaritan Law—applied to him barring prosecutors from seeking a conviction on such counts. In a case of first impression prosecutors requested a determination that §220.78(1) did not apply to the subject crimes. Taylor presented testimony of his mother and brother, who were present at the house when the alleged overdose of Maranda Cleveland occurred. The court found brother's testimony inconsistent, and his memory of what transpired was unclear, resolving any conflicts between his and the mother's testimony in favor of mother's version of events. The court concluded that while Taylor “sought health care” within the meaning of §220.78(1), he did not seek such health care in good faith, a requirement of the statute to be entitled to its protection from being charged or prosecuted. It ruled Taylor did not immediately call for his mother or anyone in the house to call 911 when he first discovered Maranda unresponsive, instead dressing the nude figure and having his brother get rid of a box of needles and leftover drugs before calling for mother to dial 911. Dismissal was denied.