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People v. Sanson

Panel Affirms Dismissal of AC §19-190(b) Violation, But on Facial Insufficiency Grounds

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DECISION & ORDER

*1  Appeal from an order of the Criminal Court of the City of New York, Queens County (Gia L. Morris, J.; op 52 Misc 3d 980 [2016]), dated June 24, 2016. The order granted defendant’s motion to dismiss the accusatory instrument.PER CURIAMORDERED that the order is affirmed.Defendant was charged in an information with violating Administrative Code of the City of New York §19-190 (b). Defendant moved to dismiss the information on the grounds that it is facially insufficient, that his statutory right to a speedy trial has been violated, and that Administrative Code §19-190 (b) is unconstitutional. The People and the Office of the Corporation Counsel of the City of New York submitted written opposition to the motion. By order dated June 24, 2016, the Criminal Court granted the branch of defendant’s motion seeking to dismiss on the ground that Administrative Code §19-190 (b) is unconstitutional (op 52 Misc 3d 980 [2016]). We affirm, albeit on other grounds.“Under established principles of judicial restraint…courts

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