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People v. Benitez

Defendant's Motion to Deem People's CoC Invalid Absent Claim SoR Invalid is Moot, Denied

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Defendant has moved for an Order “[d]eeming the prosecution’s certificate of compliance (COC), filed on August 3, 2021, to be improper.” He also asks that the requirement that the defense file its own COC, see C.P.L. §§245.10(2) and 245.50(2), be deferred until 30 days after “the prosecution files and serves a valid COC.” Defendant’s motion is DENIED in its entirety. The defense is directed to file its own COC within thirty days of this decision. FACTUAL BACKGROUND On June 15, 2019, defendant was arrested on an outstanding parole violation warrant in the vicinity of 50 Avenue D, in New York County. An inventory search of his fanny pack revealed small packages containing drugs — crack cocaine, heroin and marijuana. The indictment charges the defendant with criminal possession of a controlled substance in the third degree, fourth degree, and seventh degree, and he was arraigned on the indictment on July 30, 2019. The People provided discovery and, on August 3, 2021, filed a COC. Defendant filed the instant motion on September 24, 2021. The motion specifies that the “following discovery materials were not provided to the defense prior to the [People's] filing of the COC in this case: Radio Runs. See C.P.L. §245.20(1)(e).” Affidavit of Lamar Miller, Esq., at 8, double emphasis in original. The People have acknowledged that they did not provide recordings of the radio runs, explaining that by the time they sought them from the NYPD the recordings had been deleted. Affidavit of Kathryn Suma, Esq., at 13. The People did, however, turn over to the defense the Sprint reports, which included transcriptions of the radio runs. Id. at . The defendant’s motion also alludes, in a non-specific way, to disclosures relating to police officer disciplinary records. Miller Aff. at

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