2010-3258 D CR. THE PEOPLE, res, v. JABLONKA, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from a judgment of the Justice Court of the Town of Stanford, Dutchess County (Dennis E. Smith, J.), rendered November 4, 2010. The judgment convicted defendant, after a nonjury trial, of inhumane destruction of a dog, criminal possession of a weapon in the fourth degree, and criminal mischief in the fourth degree. The appeal from the judgment of conviction beings up for review so much of an order of the same court dated June 30, 2010 as denied, without a hearing, the branch of defendant’s omnibus motion seeking to dismiss the accusatory instrument on the ground that his statutory right to a speedy trial had been violated.
ORDERED that so much of the order dated June 30, 2010 as denied the branch of defendant’s omnibus motion seeking to dismiss the accusatory instrument on the ground that his statutory right to a speedy trial had been violated is vacated and the matter is remitted to the Justice Court for a new determination of that branch of defendant’s motion, following a hearing, in accordance with the decision herein. The appeal is held in abeyance in the interim. The Justice Court is directed to file its report with all convenient speed. On December 28, 2008, an accusatory instrument was filed charging defendant with inhumane destruction of a dog (Agriculture and Markets Law §374[2-c]).* The case was adjourned and, in the interim, by letter dated January 16, 2009, the People informed the Justice Court that they were “investigating all possible charges,” and that they “opposed any plea…until further investigation is concluded.” On January 28, 2009, the People filed a statement of readiness and, in February 2009, they filed a Huntley notice pursuant to CPL 710.30. The case was subsequently adjourned numerous times. On May 8, 2009, the People notified defense counsel that defendant could testify before the grand jury on May 13, 2009, which defendant declined to do. By order dated June 22, 2009, pursuant to the grand jury’s directive that a prosecutor’s information be filed charging defendant with the unjustified killing of an animal (Agriculture and Markets Law §353) (count 1), inhumane destruction of a dog (count 2), criminal possession of a weapon in the fourth degree (Penal Law §265.01 [4]) (count 3), and criminal mischief in the fourth degree (Penal Law §145.00 [1]) (count 4), the Justice Court instructed the People to file a prosecutor’s information (see CPL 190.70). On June 24, 2009, defendant was arraigned on the prosecutor’s information which alleged, among other things, that defendant euthanized and/or killed a dog, named Humphrey, that was neither dangerous nor severely injured on December 28, 2008, on which date defendant also possessed a gun and intentionally damaged property — the dog — which belonged to another person.
