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People v. Torregrosa

Hearsay Allegations Not Cured; 442 Day Delay After ArraignmentNot Explained;

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DECISION AND ORDER

*1 The defendant is charged with driving while ability impaired (Vehicle and Traffic Law §1192 [1]) and leaving scene of an incident without reporting (Vehicle and Traffic Law §600 [1][a]). The defendant moves to dismiss the charges pursuant to CPL 100.10 (1), (4); 100.40 (1)(c); 30.20 and the New York State and Federal Constitutions on the grounds that the accusatory instrument contains uncured hearsay, and that he has been denied his right to a speedy trial. The People did not submit an opposition to the defendant’s motion.For the reasons set forth below, the defendant’s motion to dismiss is granted.ACCUSATORY INSTRUMENTThe factual portion of the accusatory instrument states that on or June 30, 2016, at approximately 12:40 a.m., at Miller Avenue and New Lots Avenue, County of Kings, State of New York, The deponent [Police Officer Frank Ingrao, Shield # 31014] is informed by Christopher Bailey that, at the above time and place, the informant observed the defendant driving a 2003 Cadillac Deville NY State License No. GZY1302.The deponent is further informed by informant that informant observed defendant crash into the rear of a parked vehicle, and observed said parked vehicle hit into another parked vehicle in front of the first packed vehicle.The deponent is further informed by informant

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