Defendant Arthur Nichols, who was arrested and issued a desk appearance for allegations of assault and harassment, moved for an order dismissing misdemeanor charges on statutory speedy trial grounds pursuant to CPL §30.30.
Nichols, represented by The Bronx Defenders, contested the validity of the People’s certificate of compliance due to the prosecution’s failure to comply with disclosure obligations within their prescribed speedy trial time, alleging that the People’s failure to move to unseal their Decline to Prosecute (DP) records for the complainant, which defendant suspected included Brady material, was non-compliant with their CPL §245.20(1) obligations.
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