People v. Roberts

Synopsis Background: Defendant sought leave to renew and reargue its omnibus motion, which had been denied as untimely, sought an order granting the motion, sought leave to reargue its motion to dismiss, and sought an order granting dismissal. Holdings: The Criminal Court of the City of New York, Eric Schumacher, J., held that: defendant was not entitled to leave to reargue omnibus motion; defendant was not entitled to leave to renew omnibus motion; and defendant was not entitled to leave to reargue motion to dismiss. Motion denied. Procedural Posture(s): Pre-Trial Hearing Motion. Attorneys and Law Firms **883 Neighborhood Defender Service of Harlem (Meghna Philip of counsel), for defendant. Alvin Bragg (Daniel Mirabelli of counsel), for the People. Opinion Eric Schumacher, J. *450 Motion, styled as seeking relief from prior orders through renewal and reargument, is denied. In two decisions and orders dated June 3, 2022, this court denied defendant’s omnibus motion and motion to dismiss. Defendant now moves pursuant to CPLR 2221(d) and (e) to renew and reargue the omnibus motion and, upon renewal or reargument, for an order granting the motion. Defendant also moves in the alternative pursuant to CPL 255.20(3) for an order deciding the omnibus motion on the merits in the interest of justice and for good cause shown. In addition, defendant moves pursuant to CPLR 2221(d) to reargue the motion to dismiss and, upon reargument, for an order granting the motion. OMNIBUS MOTION ARGUMENT Defendant affirms in the moving papers that the defense filed its omnibus motion four days late off calendar on April 8, 2022 (defendant’s affirmation in support at 4-5