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People v. Karson

Prosecutors' Motion to Return Felony Complaints to Local Criminal Court Denied

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Decision and Order on CPL §180.40 Motion

*1  Motion by the People to return two felony complaints and other papers to the local criminal court for reconsideration of the action to be taken thereon (CPL §180.40). This criminal action was commenced on August 29, 2016 by the filing of two felony complaints charging the defendant with menacing in the first degree (Penal Law §120.13) — he has a 2014 conviction for menacing in the second degree by displaying a weapon1 — and criminal mischief in the second degree (Penal Law §145.10), a class D felony, plus three additional accusatory instruments and a uniform traffic ticket charging the defendant with endangering the welfare of a child (Penal Law §260.10[1]), a class A misdemeanor, the violations of harassment in the second degree (Penal Law §240.26) and unlawful possession of marijuana (Penal Law §221.05), and the traffic infraction of illegally parking on a highway (VTL §1201[a]). According to the sworn deposition filed with the accusatory instruments, the charges arise out of an incident in which the defendant, after first bringing his own vehicle alongside a stopped truck operated by Marc J. Austin (Austin) and in which Austin’s eight-year old child a passenger, started yelling at Austin. As Austin drove away, the defendant followed the truck. Then, in a no passing zone, the defendant passed Austin at a high rate of speed, cutting off Austin’s path and causing

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